11 AAC 67.167. Agricultural preference right

(a) All sales of the state's agricultural interest are subject to an agricultural preference right as provided in AS 38.05.069 . In order to qualify for a preference right, an applicant must submit his application on a form supplied by the division during the period specified in the sale notice.

(b) A qualified applicant must be the owner or lessee and operator of a farm or land upon which he has been actively engaged in agricultural pursuits as defined in AS 38.05.069 . In order to qualify, the applicant may be required to have not less than 50 percent of the potentially tillable land he owns or leases cleared or otherwise devoted to agricultural purposes of a nature recognized by the director as consistent with the climate and soil capabilities of the area in which the land is located. In addition, he must present with his application a development plan that demonstrates the need for additional agricultural land in order to create an economic unit.

(c) The award of an agricultural preference right will be based on the characteristics of the existing farm as an economic unit. Multiple ownership of a farm unit does not create a qualification for multiple preference rights.

(d) [Annulled; see editor's note.] Only the agricultural interest as described in secs. 160 - 195 of this chapter will be conveyed in conjunction with a preference right award. Permission to construct real property improvements under sec. 187 of this chapter will be granted to a preference right holder whose base farm is leased land, but will be withheld from other preference right holders unless

(1) the preference right holder's base farm is separated from the parcel purchased under secs. 160 - 195 of this chapter by a physical barrier that necessitates duplication of farm support buildings on the purchased parcel; however, the director may require the preference right holder to convey to the state development rights on the base farm on an acre-for-acre basis; or

(2) granting permission would enhance the economic operation of a viable farm unit or result in only minimal diversion of agricultural land to other uses; however, the director may require the preference right holder to submit additional economic and land use justification for the farmstead area applied for; the director may also grant less than five acres for a farmstead, withhold the right to construct residences, and require the preference right holder to convey to the state development rights on the base farm on an acre-for-acre basis.

History: Eff. 4/28/78, Register 66; am 5/13/79, Register 70

Authority: AS 38.04.900

Editor's note: Effective August 5, 1997, 11 AAC 67.167(d) was annulled by sec. 15, ch. 20, SLA 1997.

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