The state board may alter, release, or terminate a conservation easement after consultation with the commissioners of agriculture and natural resources. The board may alter, release, or terminate an easement only if the state board determines that the public interests and general welfare are better served by the alteration, release, or termination.
The state board must be provided the following information at least 30 days prior to a state board meeting, before the state board will consider a request to alter, release, or terminate a conservation easement:
a copy of the letter from the landowner to the district board justifying the change and identifying how the public interest and general welfare will be better served;
a letter from the district board recommending either approval or disapproval of the proposed change;
a letter from the Department of Natural Resources recommending either approval or disapproval of the proposed change; and
other supporting documents, including:
an aerial photo identifying the requested change;
a soil survey map of the area;
cropping history information; and
other pertinent documentation that will support the request.
The state board reserves the right to require special provisions to ensure at least equal resource value as a condition of approving the request. The state board must be compensated by the landowner for all damages and loss of benefits to the conservation easement and the state board may also require reimbursement for administrative expenses and costs incurred in the alteration, release, or termination of a conservation easement.
14 SR 1928; 19 SR 550; 37 SR 1277
March 7, 2013