Outside Section 16
Data Current as of: 8/10/2018
APR. 3
SECTION 16.
Said subsection (a) of said section 23 of said chapter 20, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
As a condition of an agricultural preservation restriction acquired under this section, the owner of land subject to such a restriction held by the commonwealth shall be required to participate in a conference with the department to discuss, and for the department to explain, the terms and conditions of the agricultural preservation restriction. If the landowner intends to sell the land subject to the restriction, the landowner, department and proposed purchaser shall, prior to submission of the requisite notice of intent to sell, participate in a conference to discuss the requirements under this section and the requirements of any requests for waivers of the department's right to exercise or assign a right to acquire an interest in land through a right of first refusal, option to purchase at fair market agricultural value or other similar right contained in the agricultural preservation restriction. A conference held in accordance with this section shall occur on the parcel of land subject to the restriction under consideration or in a manner and time agreed upon by the landowner, proposed purchaser of the land and the department. Following submission of a notice of intent to sell, the department may communicate directly with the landowner or seek an additional conference with the landowner and proposed purchaser to clarify any element of the landowner's notice of intent to sell and waiver request.
The department shall review, once every 3 years and in consultation with the board of agriculture and the agricultural lands preservation committee, all existing guidance, policies, procedures and regulations relative to the management and oversight of the program pursuant to this section and propose updates to the guidance, policies, procedures or regulations that are necessary to improve and modernize the management of the program. This review shall include regional public hearings to assess the effectiveness of the program and existing guidance, policies, procedures and regulations. The department shall make a good faith effort to mail a copy of any guidance, policies, procedures or regulations, whether proposed or promulgated under this section, to all owners of land subject to agricultural preservation restrictions held by the commonwealth not less than 21 days prior to the date of a public hearing.
top of page