DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200. - 10264.]
Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1.
§§ 10200–10264 · 51 sections
CHAPTER 1. General Provisions §§ 10200–10227 · 21 sections
ARTICLE 1. Title § 10200 · 1 section
- § 10200 This division shall be known, and may be cited, as the California Farmland Conservancy Program Act. Any other references in this division to the Agricultural…
ARTICLE 2. Findings and Declarations §§ 10201–10202 · 2 sections
- § 10201 The Legislature hereby finds and declares all of the following: (a) The agricultural lands of the state contribute substantially to the state, national, and…
- § 10202 It is the intent of the Legislature, in enacting this division, to do all of the following: (a) Encourage voluntary, long-term private stewardship of…
ARTICLE 3. Definitions §§ 10210–10224.5 · 15 sections
- § 10210 Unless the context otherwise requires, the definitions in this article govern the construction of this division.
- § 10211 “Agricultural conservation easement,” “conservation easement,” or “easement” means an interest in land, less than fee simple, that represents the right to…
- § 10212 “Applicant” means an entity listed in Section 815.3 of the Civil Code that applies for a grant authorized pursuant to this division.
- § 10213 (a) “Agricultural land” means prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land as defined in…
- § 10214 “Department” means the Department of Conservation.
- § 10215 “Director” means the Director of Conservation.
- § 10216 “Fund” means the California Farmland Conservancy Program Fund created pursuant to Section 10230.
- § 10218 “Husbandry practices” means agricultural activities, such as those specified in subdivision (e) of Section 3482.5 of the Civil Code, conducted or maintained…
- § 10219 “Local government” means a city or county.
- § 10220 “Local government program” means the policies and implementation measures of a local government to conserve agricultural land.
- § 10221 “Nonprofit organization” means an organization described in subdivision (a) of Section 815.3 of the Civil Code.
- § 10222 “Program” means the California Farmland Conservancy Program established under this division.
- § 10223 “Secretary” means the Secretary of the Natural Resources Agency.
- § 10224 “Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with Section 9001).
- § 10224.5 “Restriction” has the same meaning as that term is defined in Section 784 of the Civil Code.
ARTICLE 4. Administration §§ 10225–10227 · 3 sections
- § 10225 The Legislature hereby finds and declares that, pursuant to Chapter 4 (commencing with Section 31150) of Division 21, the State Coastal Conservancy has…
- § 10226 Nothing in this division shall be construed to overrule, rescind, or amend any of the requirements prescribed in Chapter 7 (commencing with Section 51200) of…
- § 10227 No local government shall, in any way, limit development on any land solely because of the land’s proximity to property that is protected by an agricultural…
CHAPTER 2. California Farmland Conservancy Program §§ 10230–10246 · 18 sections
- § 10230 (a) The California Farmland Conservancy Program Fund is hereby created. (b) (1) Except as provided in paragraph (2), the moneys in the fund shall, upon…
- § 10230.2 (a) The California Farmland Conservancy Program is hereby established in the department. (b) The program may offer financial assistance, including grants or…
- § 10231 (a) Funding shall be used in accordance with the expenditures and distribution authorized, required, or otherwise provided in the program for grants for the…
- § 10231.5 The department may accept donations of funds if the department is the designated beneficiary of the donation and it agrees to use the funds for purposes of the…
- § 10232 The director shall not approve a grant if the local government requesting a grant has acquired, or proposes to acquire, the agricultural conservation easement…
- § 10233 Each application for a grant pursuant to this division shall contain a matching funding component, as specified in this section, and may be provided in the…
- § 10235 (a) The director shall not disburse any grant funds unless the applicant agrees that the grant funds shall be used by the applicant only for the purpose for…
- § 10235.5 The department may establish a payment system for the purchase of an agricultural conservation easement that is mutually satisfactory to the department and the…
- § 10236 If the funds are used for the acquisition of an agricultural conservation easement or fee title pursuant to a local transfer of development rights program,…
- § 10237 The director shall not disburse any grant funds for easement or fee title acquisitions unless the applicant, and in the case of an easement acquisition grant,…
- § 10238 (a) The director shall not disburse any grant funds to acquire agricultural conservation easements that restrict husbandry practices. (b) The following uses…
- § 10239 The director shall disburse funds to an applicant for a grant for the acquisition of fee title to agricultural land only if the applicant agrees to all of the…
- § 10240 (a) The department shall adopt rules and regulations for the implementation of this division. (b) Rules or regulations adopted by the department pursuant to…
- § 10241 The department shall adopt the criteria necessary for its approval of grant applications.
- § 10242 The director shall review, and approve or disapprove, all requests for funding under this division.
- § 10243 A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a conservation easement pursuant to this…
- § 10245 The program shall reimburse any school district which requests reimbursement for any net loss of property tax revenues occurring as a result of the program.
- § 10246 Grants may be made for land improvements. Use of these grants shall be limited to the improvement of land protected by a conservation easement or a similar…
CHAPTER 3. Eligibility and Selection Criteria §§ 10250–10254 · 5 sections
- § 10250 (a) This chapter shall only apply to acquisitions of agricultural conservation easements. (b) In reviewing applications for agricultural conservation…
- § 10251 Applicants for an agricultural conservation easement or fee acquisition grant shall meet all of the following eligibility criteria: (a) The parcel proposed for…
- § 10252 The director shall evaluate a proposal for a fee title or agricultural conservation easement acquisition grant based upon the overall value of the project,…
- § 10253 Nothing in this chapter shall grant any new authority to the department to affect local policy or land use decisionmaking.
- § 10254 (a) Before applying for funding to acquire an agricultural conservation easement or fee title, the applicant shall notify in writing the planning directors of…
CHAPTER 4. Agricultural Conservation Easements and Fee Title §§ 10260–10264 · 7 sections
- § 10260 (a) In determining the amount of funding to be provided for an agricultural conservation easement or fee acquisition grant, the department shall take…
- § 10260.5 For purposes of this division, any instrument creating, assigning, or otherwise transferring a conservation easement, fee title, and any associate deed…
- § 10261 (a) Whenever any entity exercises the power of eminent domain to acquire land subject to an agricultural conservation easement under this program, the…
- § 10262 An agricultural conservation easement shall not prevent any of the following: (a) The granting of rights-of-way by the owner of the subject land in and through…
- § 10262.5 The granting of an agricultural conservation easement under this division shall not be interpreted to convey any rights of public access to the subject…
- § 10263 (a) The department shall act on an application for a grant within 180 days after the department determines that it is complete. (b) The department shall notify…
- § 10264 The director shall disapprove the application for a grant for the acquisition of an agricultural conservation easement or fee title in any of the following…