Minimum Requirements

(1) The following are minimum application requirements for consideration in the program. Satisfaction of the following does not ensure acceptance into the program, but failure to satisfy any of the following will result in rejection of an application. (a) Universal application minimum requirements. 1. For each parcel submitted for participation in the program, applications must be submitted jointly by all owners of the parcel and a qualified easement holder. 2. The parcel must meet the definition of either agricultural land or forest land. 3. The parcel must be eligible for classification under Greenbelt as agricultural land or forest land, provided that there are no maximum acreage limitations for parcels applying to the program. 4. For structures, facilities, and other improvements on the property that have a primary purpose other than agricultural or forestry production in commerce, impervious surfaces on the parcel may not occupy more than five percent of the parcel. This requirement applies for, but is not limited to, residential development, driveways, and access roads. This limitation does not apply to public roads or utilities. 5. The parcel may not undergo a change of ownership between submission of an application and close of sale on a program easement. If any portion of the parcel undergoes a change in ownership during that time, the department will void the parcel’s program application for that application period. A change of ownership triggered under joint tenancy with rights of survivorship does not constitute a change of ownership under this part. 6. A parcel owner may not encumber the parcel between submission of an application and close of sale on a program easement. If any portion of the parcel is newly encumbered during that time, the department will void the parcel’s program application for that application period. 7. All of the parcel must be held under common ownership. 8. Surface rights on the parcel must be intact. 9. The parcel must not house structures or facilities with a primary purpose for commercial production of energy. 10. The parcel must not be subject to any permanent conservation easement that preexists a program easement. (b) For agricultural land applications, a parcel owner must have a current agricultural sales and use tax exemption issued by the Tennessee Department of Revenue. (c) For forest land applications, a parcel owner must have a current multi-resource management plan that meets USDA Forest Service’s Forest Stewardship Program National Standards and was prepared by a forester accredited by the Society of FARMLAND PRESERVATION CHAPTER 0080-01-04 American Foresters or by any state accreditation program. There is no requirement for when the plan must have been created or last amended; however, the plan must have been approved by the state forester within two years preceding application. (2) Applications must include information on forms provided by the department, which may require: (a) Parcel owner information. 1. Name of each current owner of the parcel; 2. Date of birth of any owner who is an individual or a partner in a general partnership; 3. Proof of registration in its state of incorporation for any owner that is a formalized business entity; 4. Contact information to include name of person legally responsible for each owner, telephone number, email address, and mailing address; 5. Identification of all subordinate, recorded leases and their lessees for property within the parcel; 6. Identification of all existing lienholders, for property within the parcel, and their contact information, including mailing address and email address; and 7. A statement of good faith among all owners of the parcel and its lienholders, that: (i) By amendment to each underlying security agreement, lienholders intend to be bound by deed restrictions under the resulting easement; or (ii) By contract for sale of the easement, owners intend to pay lienholders in full by the time of close on the easement sale. (b) Holder information. 1. Name of the qualified easement holder; 2. Charitable organization number as registered with the Office of Secretary of State; 3. Proof of accreditation through the Land Trust Accreditation Commission or proof of existing coverage under a conservation defense insurance policy issued by a captive insurance body authorized to issue policies in this state; and 4. Contact information, to include name of person legally responsible for the holder, telephone number, email address, and address of principal place of business. (c) Parcel information. 1. Copy of any vesting deed for the parcel (i.e. reflecting current ownership), as filed with the register of deeds in the county or counties where the parcel is located; 2. Address of the parcel; 3. Approximate acreage of the parcel; FARMLAND PRESERVATION CHAPTER 0080-01-04 4. An aerial map of the parcel indicating its approximate boundaries; and 5. Estimated value of conservation easement rights on the parcel, less owner’s anticipated donation of easement value, if any, and holder’s anticipated addition of alternate funding sources for acquisition of the easement. (d) Supporting documentation. For evaluation of an application, the department may require, among other things, proof of: local zoning or assessor classification for the parcel; enrollment of the parcel or adjoining property in Greenbelt or Forest Legacy programs; agricultural tax exemption status of owners; preliminary surveys, site indexes, appraisals or other assessments conducted by state licensed surveyors, accredited foresters, or property appraisers; notarized attestations of owners or their representatives regarding estate planning; owners’ government issued identification sufficient to establish age; soil mapping surveys; nutrient management plans, conservation plans, and multi-resource management plans; designation of a parcel’s agricultural district; century farm registration; owners’ FSA filings relative to a parcel; certificates of completion for masters programs or other agricultural curricula; and American Tree Farm System certification. (e) Other information or documentation as required by the department.