Conservation Use Covenant/Easement???

[aabradley82]

Golf courses are allowed, but not sporting clays/Gun range. Oddly written variances are the norm

 

[patsam]

what about timber thinning? shouldn't be an issue, should it?

No! We have had ours done.

 

[rstallings1979]

No! We have had ours done.

Correct. Timber thinning/cutting is fine. Hunting on it is fine as well. If you plan to build a house on it you will have to survey out 5 acres, establish a new address for the 5 acres, and get with the tax office of the particular county for approval. It is dumb not to do ag/timber land. The savings are substantial.

 

[Dustin Pate]

That is correct. I have a tract in pines that is in it’s 3rd consecutive 10 year conservation covenant. There are restrictions so read the fine print. No development stuff like roads, cell towers, etc. allowed.

You can have cell towers without a breach so long as you have no more than 6 acres out of every 2000 for that purpose. Any portion devoted to that cell tower will cease to receive any CUVA benefits.

 

[Dustin Pate]

Also acreage minimums apply. Think it’s 20 acres minimum in Troup County.

There is actually no minimum acreage in O.C.G.A 48-5-7.4. There are some counties that have set that at a county level, but I'm not sure how they are justifying it. The only thing the Code states is that for any parcel LESS than 10 acres you must provide proof that it is being used for ag purposes (ex: tax records, etc.). In truth, some proof must be shown on any tract that is applied for.

 

[Dustin Pate]

I heard about a guy who got a letter of noncompliance by having a corn maze.


I think the spirit of the the law is to leave the land undeveloped. If the corn maze thing was true, I think the farmer got a raw deal.

I'm curious how long ago that was. Again Code states, "Allowing all or part of the property subject to the covenant on which a corn crop is grown to be used for the purpose of constructing and operating a corn maze so long as the remainder of such corn crop is harvested."

 

[Dustin Pate]

Correct. Timber thinning/cutting is fine. Hunting on it is fine as well. If you plan to build a house on it you will have to survey out 5 acres, establish a new address for the 5 acres, and get with the tax office of the particular county for approval. It is dumb not to do ag/timber land. The savings are substantial.

It doesn't necessarily have to be 5 acres (depending on how your county interprets the law or how their particular zoning sets minimum lot sizes). The law says minimum lot size required by local ordinances or two acres, whichever is less.

 

[Dustin Pate]

For further information, you can look for the law word for word on Lexis Nexis.

O.C.G.A. 48-5-7.4

 

[Robust Redhorse]

The corn maze thing was probably 10 years ago.

 

[Robust Redhorse]

In my county, they subtract 1 acre out for the house.