Current through Register 1518, March 29, 2024
(1) Upon receipt of
a complete Application for a Project meeting the eligibility requirements, the
Department shall review the Application and complete an evaluation.
(2) The evaluation may include, but is not
limited to, the following:
(a) A field
inspection of the Project and an evaluation of its agricultural
potential;
(b) Referral of the
Project to the appropriate regional planning agency for an opinion of the
Project's compatibility with regional planning objectives;
(c) Review of the Application and information
contained therein as to the suitability for agricultural
preservation;
(d) Compatibility
with Partner Agency eligibility criteria;
(e) Obtaining and reviewing a full appraisal,
obtained at the Department's own expense, carried out for both the Fair Market
Value of the Project and the Fair Market Agricultural Land Value of the Project
to determine the APR value in accordance with recognized professional appraisal
standards and the applicable Executive Office of Energy and Environmental
Affairs (EOEEA) and Partner Agency appraisal specifications, if applicable;
and,
(f)
Review of
Title Documents. The Department may, at its own expense, retain an
attorney duly licensed and in good standing to practice law in the Commonwealth
of Massachusetts with expertise in the practice of real estate conveyance and
land use law who complies with all current EOEEA and Department standards,
rules, and policies related to title specifications. The attorney shall perform
a title search related to the Project, and provide to the Department a title
abstract, certificate of title, or other documents as required by the
Department.
(3) Upon the
completion of the evaluation and a recommendation, the Department shall:
(a) Place the Project on the agenda of the
next available ALPC meeting for consideration, if it determines that the
Project continues to meet all Program eligibility requirements; or
(b) Notify the Applicant in writing that the
Project fails to meet Program eligibility requirements or funding
availability.
(4) The
ALPC shall consider the Project at its next available meeting and may, after
consideration:
(a) Cast a Vote of
Interest;
(b) Cast a vote of no
interest; or
(c) Take any other
just and appropriate action consistent with the goals and purposes of the APR
Program, together with an explanation of its reasons.
(5) Following the ALPC action:
(a) The Department shall notify Applicant in
writing within 30 days of the ALPC action; and
(b) If the Applicant is dissatisfied with the
action of the ALPC, the Applicant may, within 30 days of receipt of notice,
request in writing a meeting in order to present supplementary information to
the ALPC. After due notice to all parties concerned, the ALPC shall hold a
meeting within 120 days of its receipt of request and shall reconsider the
Project in the light of such relevant and supplementary information as may be
presented to it.
(6) The
amount paid for the APR shall be the amount presented to the Applicant in a
letter offering to purchase an APR on the Project However, this sum shall not
exceed the difference between the Fair Market Value and Fair Market
Agricultural Land Value, as determined by the appraisal obtained by the
Department pursuant to 330 CMR 22.06(2)(e).
(7) Upon the Applicant accepting an offer to
purchase an APR, the Project shall be placed on the agenda of the next
available ALPC meeting for consideration of a Final Vote.
(8) Upon a Final Vote of the ALPC, the
Applicant shall be responsible for the following activities, unless otherwise
agreed in writing by the Department and the Applicant:
(a) Clearing all title defects and
encumbrances identified by the Department, at the Applicant's expense, and
approving a metes and bounds description of the APR Parcel and any excluded
parcels based upon a survey. The Applicant shall confirm in writing that the
boundary description of the APR Parcel, the survey, and any excluded parcels,
have been examined and have been found to be free of error;
(b) Paying 50% of the cost of the survey The
Department shall retain a surveyor to perform the survey according to EOEEA and
Partner Agency, if applicable, specifications;
(c) Cooperate in the preparation, review, and
signing of a baseline report documenting the present conditions of the APR
Parcel, and other documents as may be required by the Department or Partner
Agency to acquire the APR; and
(d)
Participate in a conference with the Department to discuss, and for the
Department to explain, the terms and conditions of the APR.
(9) Upon completion of all actions
described in 330 CMR 22.06(8)(a) through (d), including preparation of all
legal instruments and the securing of all necessary funding for the
transaction, including all documents required for obtaining funding from
Partner Agency, if applicable, the Department will schedule a closing on the
Project at or prior to which all legal instruments and documents shall be
executed and final arrangements for payment of funds, adjustments, and
recording of documents shall be made by the Department.
