(a) An adopted farmland protection program shall include only those qualifying properties which are voluntarily offered into the program by the landowners of the properties.
(b) An adopted farmland protection program shall meet the following minimum requirements:
(1) The program shall be developed by the county farmland protection board and approved by the county commission. The county farmland protection board, in consultation with the local conservation district, shall administer the farmland protection program;
(2) The board shall establish uniform standards and guidelines for the eligibility of properties for the program. The standards and guidelines shall take into consideration the following: Current and past uses of the property; existing property improvements, property tract size and shape; location of the property tract in relation to other potential agricultural property tracts; impending threat of conversion of the property to nonagricultural uses; property ownership and existing deed covenants; and restrictions with respect to the property; and
(3) The guidelines established by the board shall outline the various methods of farmland protection which are available to prospective participating property owners and the procedures to be followed in applying for program consideration.
Structure West Virginia Code
Article 12. Voluntary Farmland Protection Programs
§8A-12-1. Legislative Findings and Purpose
§8A-12-3. Content and Requirements of Farmland Protection Programs
§8A-12-4. Farmland Protection Boards -– Appointment, Composition, Terms
§8A-12-5. Farmland Protection Boards -– Powers
§8A-12-6. Farmland Protection Board Duties
§8A-12-7. West Virginia Agricultural Land Protection Authority -– Established
§8A-12-8. West Virginia Agricultural Land Protection Authority -– Board of Trustees
§8A-12-9. West Virginia Agricultural Land Protection Authority -– Powers
§8A-12-10. West Virginia Agricultural Land Protection Authority -– Duties
§8A-12-12. Methods of Farmland Protection
§8A-12-13. Offer of Conservation or Preservation Easements
§8A-12-14. Value of Conservation or Preservation Easement
§8A-12-16. Use of Land for Which Conservation or Preservation Easement Acquired
§8A-12-17. Funding of Farmland Protection Programs
§8A-12-18. Disbursements by the Authority to County Farmland Protection Boards
§8A-12-19. Classification of Land Subject to Conservation or Preservation Easement
§8A-12-20. Authorization for Commissioner of Agriculture to Promulgate Proposed Rules