Rule 40-33-1-.04. Project Proposal Review and Referral

Rule 40-33-1-.04. Project Proposal Review and Referral

1. (1) Project Proposal Applications. Each year during which the program operates, the Department will accept project proposals submitted during an announced application period. The Department will review each project proposal, make a prospective determination whether the project proposal meets the minimum criteria in the Act, and score the proposal based on the priority factors set forth in this rule. The Department will then submit its review and recommendation to the Council so that the Council may approve or reject the project proposal.

   1. (a) Matching grants awarded by the program must fund only:

      1. 1. the purchase of agricultural conservation easements on qualified farmland in Georgia by qualified easement holders; or
      2. 2. the costs of acquisition related to the purchase of agricultural conservation easements by a qualified easement holder and approved by the program.

2. (2) Form. Project proposals must be submitted in a form designated by the Department. The Department will publish the project proposal application form on its website: https://agr.georgia.gov/

   1. (a) The Department will not consider incomplete project proposal applications. The Department may, in its discretion, alert an applicant to deficiencies in the applicant's project proposal and allow timely amendment to conform to the Department's application form within an announced application period. The Department will not evaluate a project proposal requiring revision until the applicant submits any required amendments to its project proposal. If an application is incomplete after the application deadline, the applicant must reapply during the next funding cycle.
   2. (b) Applicants must submit project proposal applications electronically, as specified on the Department's website.

3. (3) Project Proposal Review. When evaluating project proposals, the Department must consider the following criteria.

   1. (a) Minimum Criteria. The Department must not recommend any project proposal for Council approval unless the project proposal meets the following minimum criteria.

      1. 1. Matching Funds to the Qualified Easement Holder. Project proposals must request disbursement from the fund of less than or equal to 50% of the purchase value of an agricultural conservation easement on qualified farmland and its cost of acquisition.
      2. 2. Form of Agricultural Conservation Easement. The legal form of all agricultural conservation easements proposed for funding must be of maximum legal duration, incapable of assignment or enforcement by a third party without the express written consent of the landowner, and in alignment with existing federal and local programs to maximize the potential for matching funds.
      3. 3. Primary Purpose. A project proposal must have the advancement of farmland conservation and the support of active farming and food production in Georgia as its primary purpose.

   2. (b) Priority Factors. When evaluating project proposals that meet each of the minimum criteria set forth in the Act and this rule, the Department will further score project proposals on the extent that the project will:

      1. 1. Protect agricultural lands susceptible to development, subdivision, and fragmentation - 20 points maximum;
      2. 2. Protect farmland in active or planned cultivation - 20 points maximum;
      3. 3. Prevent development or fragmentation that would result in farmland loss - 20 points maximum;
      4. 4. Support transition of affordable farmland to next-generation farmers - 20 points maximum;
      5. 5. Leverage local, federal, or private funding, taking into account whether such funding includes a match requirement - 10 points maximum;
      6. 6. Support conservation priorities, including, but not limited to, protection of habitat, water quality, watershed conservation, climate resiliency, local conservation plans, and public viewshed - 10 points maximum;
      7. 7. Preserve or enhance soil quality - 10 points maximum; and
      8. 8. Create or further enhance compatibility with existing military installations - 10 points maximum.

   3. (c) Referral to the Council. The Department will submit its evaluation of recommended project proposals to the Council. The Department will indicate for the Council whether a given project proposal meets the minimum program criteria. The Department will also provide the Council with its evaluation of priority factors in a proposed project.

      1. 1. The Council will consider and approve or disapprove recommended project proposals referred to and recommended by the Department at a meeting where at least three-fifths of its members are present. Approval of a project proposal requires a simple majority vote of the members of the entire Council then in office.
4. (4) Funding Limitations. Should the value of project proposals recommended by the Department to the Council exceed the total value of the fund in a given year, the Council retains discretion to approve select project proposals for funding. Recommended project proposals not approved for funding by the Council in a given funding cycle may choose to reapply in subsequent funding cycles. The Council will consider the relative needs of the proposed projects and determine the proportion of available funds to be allocated for each eligible project.

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

History. Original Rule entitled "Project Proposal Review and Referral" adopted. F. Sept. 3, 2025; eff. Sept. 23, 2025.