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PJR-101 New or Replacement Land Conservation Contract

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Version 08/13/2013

An application for a new or replacement contract must be combined with an application for establishment or modification of an agricultural preserve, unless the land to be restricted by the requested contract is entirely within a presently designated agricultural preserve. Multiple new or replacement contracts may be requested in a single application. All forms are available at Permit Sonoma.

For additional information, see the ‘Sonoma County Land Conservation Act Program General Info PJR-104.

Required Application Materials

Forms to be completed and signed by property owners and/or authorized agent:

  1. Planning Application Form PJR-099 (PDF: 35 kB)
  2. One Ag Preserve Supplemental Questionnaire (PJR-107) for each requested contract.
  3. One Indemnification Agreement (PJR-011).
  4. New or Replacement Land Conservation Contract (LCC/RLCC) (PJR-109) - Supplemental Questionnaire Form – One for each requested contract
  5. Land Conservation Plan PJR-098 (PDF: 262 kB) – One for each requested contract.
  6. Agricultural Income Statement PJR-065 (PDF: 238 kB) - One for each requested contract.
  7. Landowners Statement of Compliance with Williamson Act PJR-049(PDF: 48 kB) - One for each requested contract .
  8. At Cost Reimbursement Form PJR.095(PDF: 80 kB).

Additional Materials

  1. One copy of a Project Proposal Statement for each requested contract, describing the present agricultural operation, any open space land, and any future plans for the parcel. The Project Proposal Statement need not be in a particular form.
  2. One copy of documentation that land qualifies as “open space land,” if applicable, for each requested contract. If open space land is a “wildlife habitat area,” then submit one copy of the Wildlife Habitat Biologist Report, if required by Permit Sonoma.
  3. One 8 ½ “x 11” copy of the Site Plan, drawn to an approximate scale. Please depict all existing and proposed structures, label and indicate the use of each structure; identify all existing and proposed agricultural areas and open space areas; and depict all ponds, creeks, streams, or waterways located on the project site. See Minimum Site Plan Requirements CS-019, available from Permit Sonoma.
  4. One copy of the Assessor’s Parcel map showing the parcels affected by the application. This map is available from the Assessor’s Office or Permit Sonoma.
  5. One 8 ½ “ x 11” legible copy of the United States Geological Survey Map of the project site area clearly showing project boundaries and labeled with the quadrangle map name and applicant’s name.
  6. One copy of the approved subdivision or lot line adjustment map affecting the project area, if applicable.
  7. One copy of a recorded Certificate of Compliance, affecting the project area, if any.
  8. One copy of any recorded deed conveying a Certificate of Compliance parcel, if applicable.
  9. Two copies of a current Preliminary Title Report (issued within 60 days of filing) for each legal parcel to be restricted by each new or replacement contract.
  10. One copy of documentation demonstrating that the person(s) signing the Land Conservation Contract(s) on behalf of a legal entity (i.e. partnership, LLC), if any, that owns the subject property is authorized to bind the legal entity to the contract(s). This documentation will not be recorded with the contract(s).
  11. One copy of documentation demonstrating that the person(s) signing the Land Conservation Contract(s) on behalf of a legal entity that holds an encumbrance (i.e. Deed of Trust) against the subject property is authorized to bind the legal entity to the contract(s), if applicable. This documentation will not be recorded with the contract(s).
  12. One copy of a Trust Certificate Form, completed and signed by the trustee(s) executing the Land Conservation Contract(s) on behalf of a trust as owner of the subject property, if any, or on behalf of a trust as the holder of an encumbrance (i.e. Deed of Trust) against the subject property, if any. This documentation will not be recorded with the contract(s). This form is available from Permit Sonoma or County Counsel.

Processing Procedures

Once your Application has been deemed complete by Permit Sonoma staff, the application materials and one copy of the preliminary title report for EACH requested contract will be provided to the Assessor’s Office, which will review and determine if the provided legal description(s) accurately describe(s) the parcel(s).

Once the Assessor’s Office determines the accuracy of the legal description(s) for the proposed contract(s), Permit Sonoma staff will provide the application materials and one copy of the preliminary title report for EACH requested contract to the Office of County Counsel. County Counsel will prepare the contract(s) and send to the owner or agent, as designated on the application, for signature. The owner and encumbrance holders sign each contract. Once it has received the contracts executed by the owner and encumbrance holders, if any, County Counsel returns the contract(s) to Permit Sonoma.

Permit Sonoma then sets a hearing before the Board of Supervisors for review and approval. If the request involves establishment or modification of an Agricultural Preserve, then an afternoon public hearing is required. Otherwise, the item is set as a Board of Supervisors morning consent item. If approved by the Board, the Chairperson of the Board signs the requested contract(s) and the Clerk of the Board records them with the Sonoma County Recorder’s Office. The Clerk then mails conformed copies to the owner(s) or agent as designed on the application. The Clerk also provides conformed copies of the contract(s) to Permit Sonoma, County Counsel, and the Assessor’s Office. After recordation, the original contract is kept on file with the Clerk of the Board. 

Filing Fee

See a current Permit Sonoma Project Review fee schedule. 

Deadlines & Additional Instructions

  1. Application Deadline: May 1st. Applications for establishment, modification, or disestablishment of an agricultural preserve, and/or for a new or replacement contract should be submitted by May 1st of each year to allow ample processing time by the end of the year.
  2. A new or replacement contract must be recorded on or prior to December 31st to affect the property’s assessment on January 1st for the following tax year.
  3. An application for new or replacement contract(s) must be combined with an application for establishment or modification of an agricultural preserve, unless the land to be restricted by the requested contract(s) is entirely within a presently designated agricultural preserve or preserves. See Joint AGP / LCC or RLCC Application.
  4. The land proposed to be restricted by a single contract must be comprised of a single legal parcel.
  5. A replacement contract is generally required following approval of a LLA or Subdivision for each affected or resulting lot.
  6. Permit Sonoma will make every effort to process multiple related applications from the same owner together, provided that all required application materials and information has been submitted to allow joint processing

References

Sonoma County Uniform Rules, Uniform Rule 4.0
California Government Code 51240-51244