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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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Bryant Brislin
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Bryant Brislin
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#3 Wholesaling Contributor
  • Wholesaler
  • Irvine, CA
Replied Feb 21 2024, 11:52

Where I'm at in California, if staff (the planner) is being obstinate, then the other two routes are 1) hire a land use attorney or entitlement consultant and if they feel that you have a case to build just one home without going through the subdivision process, then they may be able to compel staff in a way you can't, or 2) talk to an elected official who may be able to sway staff to give you what you want.

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Tessa Counts
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Tessa Counts
Replied Feb 21 2024, 12:00

Thank you, Bryant. I've done both - the land lawyer was a huge waste of finances and the elected officials deferred back to the planner. Stating we were "evading" the subdivision review process. The response made us feel criminal. I appreciate you responding to me. 

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