2005 Connecticut Code - Sec. 22-3. Duties of commissioner. Preservation of Connecticut agricultural lands. Definitions.

      Sec. 22-3. Duties of commissioner. Preservation of Connecticut agricultural lands. Definitions. (a) The Commissioner of Agriculture shall evaluate all information and statistics collected by the department with regard to agriculture for the purpose of recommending methods to be pursued, the needs and wants of practical husbandry and the adaptation of agricultural products to soil, climate and markets, and shall determine the policies best adapted to encourage and promote the development of agriculture within the state. The commissioner may appoint qualified persons to make studies and recommendations concerning matters of interest to the commissioner.

      (b) As used in this section "agricultural land" means any land in the state suitable with reference to soil types, existing and past use of such land for agricultural purposes and other relevant factors, for the cultivation of plants, for the production of human food and fiber or other useful and valuable plant products and for the production of animals, livestock and poultry useful to man and the environment and may include adjacent pastures, wooded land, natural drainage areas and other adjacent open areas; "development rights" means the rights of the fee simple owner of agricultural land to develop, construct on, sell, lease or otherwise improve such land for uses that result in rendering such land no longer agricultural land, but shall not be construed to include: (1) The rights of the fee owner of agricultural land to develop, construct on, sell, lease or otherwise improve the agricultural land to preserve, maintain, operate or continue such land as agricultural land, including but not limited to, construction thereon of residences for persons, farm buildings, roadside stands for retail sale of food products and ornamental plants, facilities for the storing of equipment and products or processing thereof or such other improvements thereon as may be directly or incidentally related to the agricultural operation or (2) the rights of the fee owner to provide for the extraction of minerals, gravel or like natural elements.

      (c) The commissioner shall (1) obtain an inventory of all land in the state which, without substantial removal of structures on such land, meets the definition of agricultural land provided in subsection (b) of this section, (2) formulate criteria for the designation of lands for which development rights may, in the future, be acquired by the state, including consideration of cost of acquisition, and (3) assist any municipality, upon written request, in identifying those agricultural lands in such municipality deserving of preservation for agricultural purposes.

      (d) The joint committee of the General Assembly having cognizance of matters relating to agriculture shall review and evaluate at least quarterly the criteria and procedures regarding the inventory of agricultural land made in accordance with the provisions of this section. The commissioner shall report at least quarterly the findings made in accordance with the provisions of this section to said committee.

      (1953, S. 1693d; 1959, P.A. 637, S. 2; 1961, P.A. 67; 545; 1971, P.A. 872, S. 446, 448; P.A. 75-463, S. 1, 2; P.A. 76-105, S. 1, 2; P.A. 77-614, S. 310, 610; P.A. 82-314, S. 61, 63; P.A. 99-110, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

      History: 1959 act replaced commissioner and department of agriculture with commissioner and department of agriculture, conservation and natural resources; 1961 acts replaced commissioner and department of agriculture, conservation and natural resources with commissioner and department of agriculture and natural resources and added provisions re director of agriculture; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of agriculture; P.A. 75-463 added Subsecs. (b) to (e) re definitions, land inventory, criteria for land classification, etc.; P.A. 76-105 added Subdiv. (3) in Subsec. (c) requiring board to assist municipalities in identifying lands deserving preservation for agricultural purposes; P.A. 77-614 transferred duties formerly held by board to commissioner of agriculture and deleted provisions in Subsec. (a) re director of agriculture, effective January 1, 1979; P.A. 82-314 changed official name of environment committee; P.A. 99-110 deleted former Subsec. (d) which had required adoption of regulations regarding removal of minerals from agricultural land, relettering Subsec. (e) as (d); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Subsec. (b):

      Cited. 212 C. 727, 739.