Kentucky Administrative Regulations
Title 302 - DEPARTMENT OF AGRICULTURE
Chapter 100 - Purchase of Agricultural Conservation Easement Corporation
Section 302 KAR 100:030 - Procedures for determination of agricultural productivity diminishment in subdivision
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 262.900, 262.908, 262.910
NECESSITY, FUNCTION, AND CONFORMITY: KRS 262.908 requires the Purchase of Agricultural Conservation Easement Corporation to implement a Purchase of Agricultural Conservation Easement Program, including the development and promulgation of necessary administrative regulations. KRS 262.910 requires the Purchase of Agricultural Conservation Easement Corporation to approve proposed subdivisions of land restricted by an agricultural conservation easement unless the subdivision will diminish or impair the agricultural productivity of the restricted land. This administrative regulation creates a minimal acreage deemed by the PACE Board beyond which further subdivision would harm the agricultural value of the restricted land.
Section 1. Minimum Acreage Requirement. Any division of land restricted by an agricultural conservation easement that will result in any remaining parcel being less than fifty (50) acres shall be deemed to impair the agricultural productivity of the restricted land.
Section 2. Limit on Number of Divisions. Any further division of restricted land after an approved initial request shall be deemed to impair the agricultural productivity of the restricted land.
Section 3. Election to Waive Subdivision Rights.
STATUTORY AUTHORITY: KRS 262.908, 262.910