Rule 40-33-1-.02. Definitions

Rule 40-33-1-.02. Definitions

As used in this Subject, the term:

1. (1) "Act" means the Georgia Farmland Conservation Act, O.C.G.A. § 44-10-40 et seq.
2. (2) "Agricultural conservation easement" means a conservation easement that, in accordance with the provisions of Article 1 of Chapter 10 of Title 44, the Georgia Uniform Conservation Easement Act, imposes limitations or affirmative obligations, the purpose of which include assuring the availability of real property for agricultural uses or the retention or protection of natural, scenic, or open-space values of real property.
3. (3) "Agricultural land" means land capable of use in the production of agricultural crops, livestock or livestock products, poultry or poultry products, milk or dairy products, or fruit or other horticultural products, but does not include any land zoned by a local governmental unit for a use other than and nonconforming with agricultural use.
4. (4) "Commissioner" means the Georgia Commissioner of Agriculture.
5. (5) "Conservation easement" shall have the same meaning as set forth in O.C.G.A. § 44-10-2.
6. (6) "Costs of acquisition" means all direct costs of activities, including, but not limited to, appraisals that are required by applicable state laws and local ordinances or policies in order to convey an agricultural conservation easement in qualified farmland to a qualified holder; provided, however, that such costs shall not include any costs for services provided in violation of Chapter 40 of Title 43 of the Official Code of Georgia Annotated.
7. (7) "Council" means the Georgia Farmland Advisory Council.
8. (8) "Department" means the Georgia Department of Agriculture.
9. (9) "Fund" means the Georgia Farmland Conservation Fund.
10. (10) "Program" means the Georgia Farmland Conservation Fund Program.
11. (11) "Project proposal" means any application seeking moneys from the Georgia Farmland Conservation Fund.

12. (12) "Qualified easement holder" means an entity that acquires or proposes to acquire an agricultural conservation easement, whether through purchase, donation, or transfer, and that is:

    1. (a) a federal agency, a state agency, a county, or municipality, or
    2. (b) a nonprofit organization that is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code.
13. (13) "Qualified farmland" means agricultural land in undeveloped areas or agricultural land that has been developed only to the extent consistent with agricultural production, including production of row crops, livestock, nurseries, orchards, or pastures.

Authority: O.C.G.A. §§ 2-2-9; 44-10-40 et seq.

History. Original Rule entitled "Definitions" adopted. F. Sept. 3, 2025; eff. Sept. 23, 2025.