Beginning January 1, 1974, the Department, after a public hearing may establish agricultural preserves. No later than thirty (30) days prior

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to any such hearing the Department shall publish in a newspaper of general circulation in the Territory a notice which shall include a legal description, or the assessor’s parcel number, of the land which is proposed to be included within the preserve. Such preserve shall be established for the purpose of defining the boundaries of those areas within which the Department will be willing to enter into contracts pursuant to this Chapter. An agricultural preserve shall consist of no less than ten hectares; provided, that in order to meet this requirement, two or more parcels may be combined if they are contiguous or if they are in common ownership.

The Department may establish agricultural preserves of less than ten hectares if it finds that smaller preserves are necessary due to the unique characteristics of the agricultural enterprises in the area, and that the establishment of preserves of less than ten hectares is consistent with the general plans of the Department.
An agricultural preserve may contain land other than agricultural land, but the use of any land within the preserve and not under contract shall within two years of the effective date of any contract on land within the preserve be restricted by zoning or other suitable means in such a way as not to be incompatible with the agricultural use of the land, the use of which is limited by contract in accordance with this Chapter.
Failure on the part of the Department to restrict the use of land within a preserve but not subject to contract shall not be sufficient reason to cancel or otherwise invalidate a contract.
SOURCE: GC § 12504.

§ 655202. Rules Governing Administration and Establishing of
Preserves.
For the purposes of this Chapter, the Department shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing and processing requests to establish agricultural preserves. Such rules shall be applied uniformly throughout the preserve, shall enumerate those uses which are to be considered to be compatible uses, and may require the payment of a reasonable application fee. The same procedure that is required to establish an agricultural preserve shall be used to disestablish or to enlarge or diminish the size of an agricultural preserve.

SOURCE: GC § 12505.

COL120106
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 65 LAND CONSERVATION ACT