Agricultural Preservation Restrictions Law and Legal Definition

An agricultural preservation restrictions refers to a right appropriate to retaining land or water areas predominately in their agricultural farming or forest use, to forbid or limit any or all;

a. construction or placing of buildings except for those used for agricultural purposes or for dwellings used for family living by the land owner, his immediate family or employees;

b. excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's overall future agricultural potential; and

c. other acts or uses detrimental to such retention of the land for agricultural use.

An agricultural preservation may or may not be stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land.

The following is a state law that provides a statutory framework regarding agricultural preservation restrictions:

Except for release, agricultural preservation restrictions shall be in perpetuity. All other customary rights and privileges of ownership are retained by the owner. It includes the right to privacy and to carry out all regular farming practices. [ALM GL ch. 184, § 31].