45-14. Application Procedures for Enhanced Voluntary Agricultural District.

  1. Eligible landowners may apply to participate in existing districts and are encouraged to do so.
  2. To secure county certification in an Enhanced Voluntary Agricultural District, a landowner with such designation will apply to the Agricultural Advisory Board. Application forms may be obtained at the Soil and Water Conservation District office.
  3. Upon receipt of an application, the Henderson County Soil and Water Conservation District office, Farmland Preservation Coordinator, or its designee will evaluate each application pursuant to Article IV. Said offices shall evaluate, complete, and return copies to the Agricultural Advisory Board at their next meeting. The Board will meet and render a decision regarding the application. The Board will notify the applicant by mail of the Board's decision.
  4. Approval of Agriculture Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District terms. Such agreement to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board and the Henderson County Register of Deeds. Permitted uses for the land subject to such Easement and Conservation Agreement include agriculture, horticulture, forestry, and outdoor recreation. The Easement and Conservation Agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner according to its terms, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the Easement and Conservation Agreement.
  5. If the Agricultural Advisory Board denies the application, the petitioner has thirty (30) days to appeal the decision to the Henderson County Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.