12260-12264
PUBLIC RESOURCES CODE
SECTION 12260-12264
12260. If the department determines that the proposed conservation easement meets the eligibility criteria set forth in Section 12251, the application shall be reviewed based upon the extent to which it satisfies the following selection criteria: (a) The nature of the environmental values proposed for protection, and whether they can be monitored efficiently and effectively. (b) Whether the parcels are likely to become isolated from other areas maintained for key forest resources by development on adjacent parcels. (c) Whether the landowner's management goal for his or her parcel is compatible with the resource protections he or she is proposing. (d) Whether the landowner has developed, or commits to developing by the time the easement is finalized, a management plan equivalent to, or better than, a forest stewardship plan that governs management on the parcel. (e) Whether a nonprofit land trust organization, public agency, or other suitable organization has expressed an interest in working with the department and the landowner to establish, hold, and monitor the easement. (f) Whether other sources of funding for easement acquisition, closing costs, monitoring and other costs are available. (g) Other relevant considerations established by the director. 12262. An applicant shall select and retain an independent real estate appraiser to determine the value of the conservation easement, which shall be calculated by determining the difference between the fair market value and the restricted value of the property. 12263. The department shall act on an application for the acquisition of a conservation easement within 180 days of its receipt, and shall notify the applicant in writing of approval or disapproval of the application within 10 days of the decision of the department. The written notice regarding a disapproval decision shall state the reason for the disapproval of the application. 12264. The department may disapprove the application for the acquisition of a conservation easement in any of the following circumstances: (a) The application does not satisfy the eligibility criteria set forth in Section 12251 or selection criteria set forth in Section 12260. (b) Clear title to the conservation easement cannot be conveyed. (c) There is insufficient money in the fund to carry out the acquisition. (d) Other acquisitions have a higher priority. (e) Other relevant considerations established by the director.