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Tessa Counts
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Agricultural Covenant Restrictions

Tessa Counts
Posted Feb 21 2024, 10:13

Any advice is appreciated. We've purchased a tract of land that was a portion of a completed subdivision, it is listed as a tract in the subdivision but is excluded under an agricultural covenant. It is producing hay ground, and we would like to preserve as much of that ground a possible to continue to produce hay. However, we would like to build one home for our aging mother and one for ourselves. We have exhausted the use of an agricultural exemption under MCA. The county planner is holding firmly to the belief the only way to achieve our goal is to proceed through the subdivision review process. We fear the requirements of a subdivision, such as roads will not only be extremely costly but also damage some of the hay ground. We want to preserve this ground and merely establish a residence. Are there any other solutions to removing the exemption without being forced into excessive development of the ground? Such as primary residence of an agriculturally based business?

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