PUBLIC RESOURCES CODE
SECTION 10200
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 Land Stewardship Program Act of
1995 shall hereafter mean the California Farmland Conservancy Program
Act.
PUBLIC RESOURCES CODE
SECTION 10201-10202
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 world food supply and are a vital part of
the state's economy.
(b) The growing population and expanding economy of the state have
had a profound impact on the ability of the public and private
sectors to conserve land for the production of food and fiber,
especially agricultural land around urban areas.
(c) Agricultural lands near urban areas that are maintained in
productive agricultural use are a significant part of California's
agricultural heritage. These lands contribute to the economic
betterment of local areas and the entire state and are an important
source of food, fiber, and other agricultural products. Conserving
these lands is necessary due to increasing development pressures and
the effects of urbanization on farmlands close to cities.
(d) The long-term conservation of agricultural land is necessary
to safeguard an adequate supply of agricultural land and to balance
the increasing development pressures around urban areas.
(e) A program to encourage and make possible the long-term
conservation of agricultural lands is a necessary part of the state's
agricultural land protection policies and programs, and it is
appropriate to expend money for that purpose. A program of this
nature will only be effective when used in concert with local
planning and zoning strategies to conserve agricultural land.
(f) Funding is necessary to better address the needs of conserving
agricultural land near urban areas.
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
agricultural lands by offering landowners financial incentives.
(b) Protect farming and ranching operations in agricultural areas
from nonfarm or nonranch land uses that may hinder and curtail
farming or ranching operations.
(c) Encourage long-term conservation of productive agricultural
lands in order to protect the agricultural economy of rural
communities, as well as that of the state, for future generations of
Californians.
(d) Encourage local land use planning for orderly and efficient
urban growth and conservation of agricultural land.
(e) Encourage local land use planning decisions that are
consistent with the state's policies with regard to agricultural land
conservation.
(f) Encourage improvements to enhance long-term sustainable
agricultural uses.
PUBLIC RESOURCES CODE
SECTION 10210-10224
10210. Unless the context otherwise requires, the definitions in
this article govern the construction of this division.
10211. "Agricultural conservation easement" or "easement" means an
interest in land, less than fee simple, which represents the right to
prevent the development or improvement of the land, as specified in
Section 815.1 of the Civil Code, for any purpose other than
agricultural production. The easement shall be granted for the
California Farmland Conservancy Program by the owner of a fee simple
interest in land to a local government, nonprofit organization,
resource conservation district, or to a regional park or open-space
district or regional park or open-space authority that has the
conservation of farmland among its stated purposes, as prescribed by
statute, or as expressed in the entity's locally adopted policies. It
shall be granted in perpetuity as the equivalent of covenants
running with the land.
10212. "Applicant" means a city, county, nonprofit organization,
resource conservation district, or a regional park or open-space
district or regional park or open-space authority that has the
conservation of farmland among its stated purposes, as prescribed by
statute, or as expressed in the entity's locally adopted policies,
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 commercial grazing land as defined in the Guidelines for the
Farmland Mapping and Monitoring Program, pursuant to Section 65570 of
the Government Code.
(b) In those areas of the state where lands have not been surveyed
for classification pursuant to subdivision (a), land shall meet the
requirements of "prime agricultural land" as set forth in subdivision
(c) of Section 51201 of the Government Code.
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 for commercial purposes in a manner
consistent with proper and accepted customs and standards, as
established and followed by similar agricultural operations in the
same locality.
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 any private nonprofit
organization which has among its purposes the conservation of
agricultural lands, and holds a tax exemption as defined under
Section 501(c)(3) of the Internal Revenue Code, and further qualifies
as an organization under Section 170(b)(1)(A)(vi) or 170(h)(3) of
the Internal Revenue Code.
10222. "Program" means the California Farmland Conservancy Program
established under this division.
10223. "Secretary" means the Secretary of the Resources Agency.
10224. "Resource conservation district" means a resource
conservation district established pursuant to Division 9 (commencing
with Section 9000).
PUBLIC RESOURCES CODE
SECTION 10225-10227
10225. The Legislature hereby finds and declares that, pursuant to
Chapter 4 (commencing with Section 31150) of Division 21, the State
Coastal Conservancy has responsibility for carrying out agricultural
projects in the coastal zone, as defined in Section 30103. Nothing in
this division shall be construed to alter the conservancy's
responsibility for the administration of state or federal funds that
are allocated for the purpose of preserving coastal agricultural
lands. For projects in the coastal zone, the department shall consult
with the State Coastal Conservancy in developing its policies,
priorities, and procedures for the allocation of those state and
federal moneys.
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 Division 1 of Title 5 of the
Government Code.
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 conservation easement that is subject to