Louisiana Revised Statutes 3:4754 – Contract requirements
Terms Used In Louisiana Revised Statutes 3:4754
- Agricultural use: means farming in all of its branches, including but not limited to the cultivation and the tillage of the soil; the production, cultivation, growing, and harvesting of any products from agricultural, horticulture, aquaponic, hydroponic, or aquaculture practices; the raising of livestock, bees, fur-bearing animals, dairy-producing animals, and poultry; agricultural education; agricultural tourism; or any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations. See Louisiana Revised Statutes 3:4751
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
- Political subdivision: means any unit of local government including a municipality, parish, or special district authorized by law to perform governmental functions. See Louisiana Revised Statutes 3:4751
- Urban: means an area within the boundaries of an urbanized area, as that term is used by the United States Census Bureau, that includes at least forty-five thousand people. See Louisiana Revised Statutes 3:4751
- Urban Agriculture Incentive Zone: means an area within a political subdivision that is comprised of individual properties designated as urban agriculture preserves by the political subdivision for farming purposes. See Louisiana Revised Statutes 3:4751
A. Following the adoption of the ordinance as provided for in La. Rev. Stat. 3:4752, a political subdivision may enter into a contract with a landowner to enforceably restrict the use of the land subject to the contract to uses consistent with urban agriculture. Any contract entered into pursuant to this Chapter shall include but is not limited to all of the following provisions:
(1) An initial term of not less than three years.
(2) A restriction on property that is at least three thousand square feet and not more than three acres.
(3) A requirement that the entire property subject to the contract shall be dedicated toward commercial or noncommercial agricultural use.
(4) A prohibition against any dwelling on the property while under contract.
(5) A notification that if a landowner cancels a contract, the political subdivision is required to impose a cancellation fee, pursuant to La. Rev. Stat. 3:4753(C).
B. A contract entered into pursuant to this Chapter shall not prohibit the use of structures that support agricultural activity including but not limited to toolsheds, greenhouses, produce stands, and instructional space.
C. A contract entered into pursuant to this Chapter that includes a prohibition on the use of pesticide or fertilizers that require a license for application on properties under contract shall permit those pesticides or fertilizers allowed by the United States Department of Agriculture National Organic Program.
D. A political subdivision shall not enter into a new contract or renew an existing contract pursuant to this Chapter after January 1, 2021. Any contract entered into pursuant to this Chapter on or before January 1, 2021, shall be valid and enforceable for the duration of the contract.
E. A political subdivision shall not establish an urban agriculture incentive zone within any portion of any other political subdivision’s economic development district unless the governing authority of the political subdivision consents to the establishment of the Urban Agriculture Incentive Zone.
Acts 2015, No. 429, §1.