(a) Upon review of a petition, the local soil and water conservation district board of supervisors may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil and water conservation district may review the status of designation at any time upon the written request and justification of the respective county mayor or city manager or upon a decision of the board of supervisors that such a review is appropriate. The soil and water conservation district board of supervisors may sustain or repeal designation of an agricultural district based upon the following:

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Terms Used In Tennessee Code 43-34-105

  • Agricultural district: means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil and water conservation district. See Tennessee Code 43-34-103
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board of supervisors: means the governing body of the local soil and water conservation district. See Tennessee Code 43-34-103
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Ownership: means any individual, family, company, corporation, or organization holding title to property within a proposed or established agricultural district. See Tennessee Code 43-34-103
  • Petition: means the application and application process for designation of an agricultural district as submitted to the local soil and water conservation district. See Tennessee Code 43-34-103
  • Soil and water conservation district: means that governmental body established by chapter 14, part 2, of this title. See Tennessee Code 43-34-103
  • Tennessee soil and water conservation commission: means that governmental body established by chapter 14, part 2, of this title. See Tennessee Code 43-34-103
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres;
(2) The impacts and consequences of proposed land development; and
(3) Other factors that the board of supervisors may find relevant.
(b) Any ownership or any successor heir of the ownership within an agricultural district may withdraw from the agricultural district upon notifying the local soil and water conservation district in writing.
(c) Landowners may resubmit petitions for designation or redesignation at any time to the local soil and water conservation district.
(d) If a petition is rejected or the local soil and water conservation district board of supervisors repeals designation of an agricultural district, the ownerships within the agricultural district can appeal the decision of the board of supervisors to the Tennessee soil and water conservation commission. Based upon a review of all relevant information and following a public hearing, the Tennessee soil and water conservation commission may either sustain or overturn the decision of the local soil and water conservation district.
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