UNOFFICIAL COPY 24 RS HB 418/GA
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AN ACT relating to agricultural districts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 262.850 is amended to read as follows: 3
(1) This section shall be known as "the Agricultural District and Conservation Act." 4
(2) It is the policy of the state to conserve, protect, and to encourage development and 5
improvement of its agricultural lands for the production of food and other 6
agricultural products. It is also the policy of this state to conserve and protect the 7
agricultural land base as a valuable natural resource which is both fragile and finite. 8
The pressure imposed by urban expansion, transportation systems, water 9
impoundments, surface mining of mineral resources, utility rights-of-way, and 10
industrial development has continually reduced the land resource base necessary to 11
sufficiently produce food and fiber for our future needs. It is the purpose of this 12
section to provide a means by which agricultural land may be protected and 13
enhanced as a viable segment of the state's economy and as an important resource. 14
(3) The local governing administrative body for an agricultural district shall be the 15
conservation district board of supervisors. The Soil and Water Conservation 16
Commission shall be responsible for statewide administration of the agricultural 17
district program and shall have sole authority to certify or deny agricultural district 18
petitions. The commission may apply for assistance and funds from the Federal 19
Farmland Protection Act of 1981 (Pub. L. 97-377) which may be available for the 20
development of the agricultural district program and may accept easements as 21
provided in KRS 65.410 to 65.480. 22
(4) Any owner or owners of land may submit a petition to the local conservation 23
district board of supervisors requesting the creation of an agricultural district within 24
the county. The petition shall include a description of the proposed area, description 25
of each land parcel, location of the proposed boundaries, petitioners' names and 26
addresses, adjacent landowners' names and addresses, and other pertinent 27 UNOFFICIAL COPY 24 RS HB 418/GA
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information as required in the petition application. The boundary of an agricultural 1
district shall be contiguous. No land shall be included in an agricultural district 2
without the consent of the owner. 3
(5) Upon receipt of a petition, the local conservation district board of supervisors shall 4
notify the fiscal court and any local or regional planning or zoning body, if any, of 5
the proposed agricultural district, and shall notify each city that is located less 6
than one (1) mile from the boundaries of the proposed agricultural district, by 7
sending a copy of the petition and accompanying materials to that body. 8
(6) The following factors shall be considered by the local conservation district board of 9
supervisors and the Soil and Water Conservation Commission when considering the 10
formation of any agricultural district: 11
(a) The capability of the land to support agricultural production, as indicated by: 12
soil, climate, topography or other natural factors; 13
(b) The viability of active farmlands, as indicated by: markets for farm products, 14
extent and nature of farm improvements, present status of farming, anticipated 15
trends in agricultural economic conditions and technology; 16
(c) That the proposed agricultural district meets the minimum size limit of fifty 17
(50)[two hundred fifty (250)] contiguous acres, unless the local conservation 18
district board and the Soil and Water Conservation Commission allow fewer 19
than fifty (50)[two hundred fifty (250)] contiguous acres if the proposed area 20
meets a minimum annual production performance established by the district 21
board and approved by the commission; 22
(d) County development patterns and needs and the location of the district in 23
relation to any urban development boundaries within the county; 24
(e) Any matter which may be relevant to evaluate the petition; and 25
(f) Whether an application is from more than one (1) farm owner, in which case a 26
preference shall be given to the application. 27 UNOFFICIAL COPY 24 RS HB 418/GA
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(7) The local soil and water conservation district board of supervisors shall review the 1
petition application and submit a recommendation to the Soil and Water 2
Conservation Commission within one hundred (100) days of receipt. The local 3
conservation district recommendation shall be submitted to the commission in the 4
form of approval, approval with modifications, or denial of the petition 5
accompanied by justification for such a denial. 6
(8) The Soil and Water Conservation Commission shall review the recommendation of 7
the district board of supervisors and certify or deny the agricultural district's 8
petition within one hundred (100) days of receipt. 9
(9) Upon the approval of a petition by the Soil and Water Conservation Commission, 10
the commission shall notify the area development district in which the agricultural 11
district will lie, the local county clerk, the clerk of each city that is located less 12
than one (1) mile from the boundaries of the approved agricultural district, and 13
the secretary of the Governor's Cabinet by sending a description of the boundaries 14
and the names and addresses of the property owners within the district. 15
(10) Land within the boundary of an agricultural district shall not be annexed. 16
(11) The owners of land within the boundary of an agricultural district shall be exempt 17
under KRS 74.177 from any assessment authorized for the extension of water 18
service lines until the land is removed from the district and developed for 19
nonagricultural use. 20
(12) Any member, or any successor heir of the member, of an agricultural district may 21
withdraw his or her property from the district upon notifying the local conservation 22
district board of supervisors in writing. The removal of the property from the 23
agricultural district shall be effective immediately upon the district board of 24
supervisors' receipt of the written notification, at which time the district board of 25
supervisors shall remove the property from the agricultural district and shall 26
immediately provide written notice of the changed boundaries to the those 27 UNOFFICIAL COPY 24 RS HB 418/GA
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entities listed in subsection (9) of this section. 1
(13)[(12)] It shall be the policy of all state agencies to support the formation of 2
agricultural districts as a means of preserving Kentucky's farmlands and to mitigate 3
the impact of their present and future plans and programs upon the continued 4
agricultural use of land within an agricultural district. 5
(14)[(13)] Agricultural districts shall be comprised only of agricultural land as defined in 6
KRS 132.010. 7
(15)[(14)] An agricultural district shall be established for five (5) years with a review to 8
be made by the local soil and water conservation district board of supervisors at the 9
end of the five-year period and every five (5) years thereafter. Each owner of land 10
shall agree to remain in the district for a five (5) year period, unless a member 11
elects to withdraw his or her property pursuant to subsection (12) of this section, 12
which is renewable at the end of the five (5) years. However, the board shall make a 13
review any time upon the written request of a local government which demonstrates 14
that the review is necessary in order to consider development needs of the local 15
government. The board shall consider whether the continued existence of the 16
district is justified, any adjustments which may be necessary due to urban or county 17
development, and other factors the board finds relevant. The board shall revise the 18
district as necessary based on the review and subject to approval of the State Soil 19
and Water Conservation Commission. Before the state commission takes final 20
action, all interested parties shall be given the opportunity to request the state 21
commission to amend or overturn the local board's decision. 22
(16)[(15)] The withdrawal of a member from a district reducing the remaining acreage of 23
agricultural district land to less than fifty (50)[two hundred fifty (250)] acres or 24
resulting in the remaining land being noncontiguous shall not cause the 25
decertification of the district. The local district board of supervisors may consider 26
a dissolution of the agricultural district if the withdrawal results in the remaining 27 UNOFFICIAL COPY 24 RS HB 418/GA
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property within the agricultural district no longer meeting the definition of 1
agricultural land as defined in KRS 132.010. 2
(17)[(16)] Any member of an agricultural district who has received a summons of 3
condemnation proceedings being instituted concerning the member's land located in 4
the district may request the local soil and water conservation district board of 5
supervisors to hold a public hearing on the proposed taking of land. However a 6
hearing under this section shall not be held if the petitioner in the condemnation 7
proceeding is a utility as defined in KRS 278.010(3) and obtained a certificate of 8
convenience and necessity as required by KRS 278.020(1). 9
(18)[(17)] (a) The board shall notify the local property valuation administrator of the 10
farms which belong to an agricultural district and whenever a farm is 11
withdrawn from a district. The board shall also inform all members of a 12
district of the right to have their land assessed by the local property valuation 13
administrator at the land's agricultural use value and shall offer advice and 14
assistance on obtaining such an assessment. 15
(b) The board shall also notify the local property valuation administrator 16
whenever a farm is released or withdrawn from an agricultural district. 17
(19)[(18)] The board may allow an amendment to an existing certified agricultural 18
district if approved by the commission. 19