11 AAC 67.187. Construction of real property improvements. [Annulled; see editor's note.]

(a) In conjunction with a conveyance of an agricultural interest under secs. 160 - 195 of this chapter to a person who has not been granted a preference right, the director will authorize the construction of fixed, permanent, or immovable structures reasonably required for or related to agricultural production, within designated areas not over five acres, including that farmstead area normally required for yards, driveways, parking, barns, animals' pens, other outbuildings, and other similar uses. However, a maximum of 20 acres may be authorized and designated if unusual or large-scale real property improvements are necessary for agricultural development of the parcel conveyed.

(b) All real property improvements must be depicted and described in the farm conservation plan and must be incorporated into the sale contract and the conveyance document.

(c) Permission to construct real property improvements may be withheld from a preference right holder under 11 AAC 67.167(d) .

(d) Changes in the location or size of the area designated for real property improvements are subject to approval of the director. The director may approve a change if

(1) the maximum area specified under (a) of this section is not exceeded; and

(2) the change is consistent with a farm conservation plan approved under 11 AAC 67.177.

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

Authority: AS 38.05.020

Editor's note: Effective August 5, 1997, 11 AAC 67.187 was annulled by sec. 15, ch. 20, SLA 1997.

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