Ohio Administrative Code
Title 901 - Department of Agriculture - Administration and Director
Chapter 901-2 - Matching Grants
Section 901-2-02 - Eligibility requirements for application property
Universal Citation: OH Admin Code 901-2-02
Current through all regulations passed and filed through September 16, 2024
(A) To be eligible for consideration for a matching grant, the agricultural easement proposed to be purchased shall be on agricultural land that meets all the following criteria:
(1) The application property shall be valued,
at the time the application is made, at the property's
current agricultural use valuation for real estate tax purposes under section
5713.31 of the Revised Code,
with the
exception
of the
homestead; wind energy-producing facilities, including windmills and wind
turbines; bio-digesters; and/or other land uses as determined by the director
.
(2) Application landowner must have fee
simple title to the land.
(3) The
landowner certifies that, to the best of the landowner's knowledge, the
application property contains no hazardous substances or toxic
wastes.
(4) Title to the
application property shall not be subordinate to any other legal or equitable
interest, the exercise of which would result in a conversion of the land from
predominately agricultural use. A subordination agreement must be obtained by
the landowner within a reasonable timeframe, as determined by the director. An
extension of time to obtain subordination may be granted by the
department.
(5) All parcels
submitted under one application shall be contiguous and no land that is
included as part of the submitted parcels shall be excluded. Waiver of this
requirement may be considered by the department.
(6) The application property shall be
enrolled, at the time the application is made, in the agricultural district
program, under section
929.02 of the Revised Code,
with the
exception
of the
homestead; wind energy-producing facilities, including windmills and wind
turbines; bio-digesters; and/or other land uses as determined by the director
.
(7)
Where the local
government has adopted zoning, the application property shall be zoned for
agricultural use or a designation compatible with agricultural
use.
(B) All applications for matching grants which meet all of the foregoing eligibility requirements shall be ranked in accordance with the criteria established in rule 901-2-05 of the Administrative Code.
(C) If the application does not meet all of the above requirements, the director or certified local sponsor may disqualify such application.
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