Board

Greenbrier County Farmland Protection Board

Protecting Farmland Through Conservation Easements

The board

The Greenbrier County Farmland Protection Board was formed to give land owners in the County the option to preserve farmland, forests, unique natural habitats, open space, and historic places through a deed of conservation easement.

Land owners may apply for the sale or donation of conservation easement to the Greenbrier County Farmland Protection Board. If chosen the Board will work with the land owner to create a perpetual deed of easement to protect the land from future development or misuse.

There are several state and federal organizations that work in conjunction with land owners to complete the conservation easement process, and the Greenbrier County Farmland Protection Board is the newest local constituent.

Voluntary Farmland Protection Act

In June 1995, West Virginia enacted the Conservation and Preservation Easements Act by amending Chapter 20 of the West Virginia Code through the addition of Article 12. Through this Conservation and Preservation Easements Act, the West Virginia Legislature recognized the importance and significant public benefit of conservation and preservation easements in its ongoing efforts to protect the natural, historic, agricultural, open-space and scenic resources of the state. This enabling legislation was required to allow perpetual conservation and preservation easements to be created within the state. Currently, all fifty states have enacted conservation and preservation easement enabling statutes.

Within the Conservation and Preservation Easements Act, conservation and preservation easements are defined, and the basics are outlined as to how easements are to be created and the various rights and duties concerning the easement. The Voluntary Farmland Protection Act first incorporates the concepts created under this Conservation and Preservation Easements Act, and then expands upon them to allow the creation of the state and county Voluntary Farmland Protection Programs.

On March 10, 2000, the West Virginia Legislature unanimously passed into law WV Code §8-24-72 through §8-24-84 (2000), known as the Voluntary Farmland Protection Act. The Act went into effect on June 8, 2000 and amended a 1982 statute of similar code location that once allowed the creation of Farmland Preservation Committees. The Act was amended and recodified at WV Code §§ 8A-12-1 et seq. Through this Act, the legislature declares that agriculture is a unique "life support" industry and that a need exists to assist those agricultural areas of the state which are experiencing the irreversible loss of agricultural land. The Act further authorized the creation of county farmland protection

board(s) and program(s) and creation of the WV Agricultural Land Protection Authority; detailed the contents and requirements of the Farmland protection program(s); outlined the powers and duties of the farmland protection boards and the authority; detailed the methods of farmland protection; detailed the value of conservation easements; outlined the criteria for acquisition of easements; outlined the use of land after a conservation easement is acquired; outlined funding for the Farmland protection program(s); and authorized the commissioner of agriculture to promulgate rules.

On March 9, 2002, the West Virginia Legislature modified the Voluntary Farmland Protection Act to allow each county with a farmland protection program to provide funding for such program through a real estate transfer tax. The County Commission of each eligible county may enact an additional tax on the privilege of transferring real estate to be used solely to fund the county's farmland protection program. The maximum rate allowable is $1.10 per $500 ($2.20 per $1,000) or fraction thereof of the real estate transfer value, to a maximum transfer value of $1 million. These monies must be used exclusively for the purpose of funding farmland preservation.

Greenbrier County Commission Resolution

On December 12, 2000 the Greenbrier County Commission authorized a resolution creating the Greenbrier County Farmland Protection Board. The Commission affirmed that the agriculture community of Greenbrier County provides sources of agriculture products for the citizens of the state; enhances tourism, protects worthwhile community values, institutions and landscapes which are inseparable associated with traditional farming; and controls the urban expansion which is consuming land, topsoil and woodland of the county. The Board, as appointed by the Commission, was authorized to create and administer the Greenbrier County Farmland Protection Program in consultation with the Greenbrier Conservation District, and as approved by the Commission.

In November 2005 the Greenbrier County Commission signed an order to impose the transfer tax of the full allowable amount to be used for the purpose of funding the farmland protection in Greenbrier County.

With the funding source in place, the Farmland Protection Board became a full active board in January 2006 and began to hold regular monthly meetings and conduct business in a manner pursuant to the purpose of the board set forth in the program.

Farmland Protection Board Composition

The composition of every farmland protection board is dictated by the Voluntary Farmland Protection Act at WV Code §8-24-73b(2000)

The Greenbrier County Farmland Protection Board is composed of seven members, each serving without compensation but eligible for reimbursement of actual expenses while engaged in the discharge of official duties. All members are required to be county residents. Each member is a voting member, except for the Greenbrier County Commissioner, who shall serve in a non-voting, advisory capacity. All members are appointed by the Greenbrier County Commission and serve at the will and pleasure of the Commission.

The specific composition of the Board is as follows:

1) One Greenbrier County Commissioner

2) Executive Director of the Gbr Valley Economic Development Corp.

3) One farmer who is a member of the Greenbrier County Farm Bureau

4) One farmer who is a member of the Greenbrier Conservation District

5) One farmer who need not be a member of any farm organization.

6) One county resident who is not a member of the foregoing organizations

7) One county resident who is not a member of the foregoing organizations