PLAN Frequently Asked Questions

The PLAN program is Tennessee’s farmland preservation program. It helps preserve high-value agricultural and forest land through perpetual conservation easements. The program may provide grant funding for a portion of the current market value of a parcel’s development rights, along with certain eligible enrollment costs.

A conservation easement is a legal restriction placed on land to help preserve it for agricultural or forestry use. Under the PLAN program, the easement is permanent and stays with the land.

Yes. The landowner keeps ownership of the property, but the land becomes subject to permanent easement restrictions.

Yes. Agricultural and forestry activities may continue, so long as they comply with applicable law and the easement terms.

A parcel must meet the definition of either agricultural land or forest land. Agricultural land must contain less than 75% forest cover and meet at least one listed land-use or classification condition. Forest land is land with at least 75% forest cover.

For the PLAN program, a parcel means the property included in an application for participation in the program. The parcel is defined by the boundaries identified by the parcel owners seeking to participate. Those boundaries may be different from the boundaries of the larger lot where the parcel is located, including the boundaries shown in the property deed or on the assessor’s map.

The parcel must be eligible for Greenbelt classification as agricultural land or forest land, but the rules do not require that it already be enrolled.

There are no maximum acreage limitations for parcels applying to the program. Parcel acreage is a scoring factor, and parcels containing fewer than 15 acres receive no points for the acreage criterion.

No. A parcel is not eligible if it is already subject to a permanent conservation easement.

No. The parcel must not contain structures or facilities whose primary purpose is commercial production of energy. However, on-site energy production for localized needs of the property is allowed.

Yes. Impervious surfaces tied to non-agricultural or non-forestry uses generally may not exceed 5% of the parcel area, excluding public roads and utilities.

Applications must be submitted jointly by all owners of the parcel and a qualified easement holder.

A qualified easement holder is a 501(c)(3) nonprofit organization registered in good standing with the Tennessee Secretary of State that is accredited by the Land Trust Accreditation Commission or capable of showing coverage under a conservation defense insurance policy issued by a captive insurance body authorized to issue policies in Tennessee.

Yes. All owners of the parcel must apply together.

For agricultural land applications, a parcel owner must have a current agricultural sales and use tax exemption issued by the Tennessee Department of Revenue.

For forest land applications, a parcel owner must have a current multi-resource management plan that meets USDA Forest Service Forest Stewardship Program National Standards, was prepared by an accredited forester, and was approved by the State Forester within the two years preceding application.

Applications may require owner information, holder information, parcel information, and supporting documentation such as deeds, maps, acreage, tax documents, lienholder information, and other records relevant to eligibility and evaluation.

The department may open one application period per year beginning September 1 in a fiscal year when required funding conditions are met. The application period must be publicly noticed in advance and remain open for at least 10 consecutive business days.

Yes. The department may hold unselected applications for up to two years for possible future consideration, but applicants must update any information required by the department before the application is considered in a later application period.

Yes. If any property owner or the holder identified in the application asks in writing to withdraw before closing, the application will be voided and will not be carried forward.

No. If ownership changes or the parcel becomes newly encumbered after application and before closing, the application will be voided for that application period, subject to a limited survivorship exception in the rules.

Applications will be scored based on characteristics of the parcel and the owner related to commercial production of farm products or nursery stock. The department will use criteria intended to support efficient and equitable distribution of the fund and preservation of agricultural and forest land.

Scoring may consider development pressure, surrounding population growth, parcel size, estate and management planning, soil quality, proximity to protected lands, suitability for agriculture or forestry, and production experience of current parcel owners, among other criteria.

Applications will be scored on a scale not to exceed 200 points. Applications scoring below 130 points will be rejected.

PLAN applications are scored using universal criteria plus either agricultural land criteria or forest land criteria. Agricultural and forest criteria are not combined for the same application. The maximum score is 200 points.

Universal criteria are worth up to 130 points. Categories include population growth, development pressure, parcel acreage, proximity to protected land, at-risk or distressed county designation, estate planning, and willingness to donate a percentage of the appraised conservation easement value.

Agricultural land criteria are worth up to 70 points. Categories include soil classification, management plan, agricultural districting, Century Farm registration, FSA program participation, agricultural best management practices, master programs and other certifications, and young/beginning farmer status.

Forest land criteria are worth up to 70 points. Categories include Forest Legacy Priority Area, tree farm system certification, site index, forestry best management practices, and forestry owner memberships, certifications, and accreditations.

View the full PLAN Selection Criteria and Scoring Guide here.

If a scoring factor depends on county characteristics, the parcel will be scored using the county that gives the application the greatest number of points for that factor.

Parcel data is available through the Tennessee Comptroller of the Treasury. Applicants may use the Tennessee Property Assessment Data search tool or the Tennessee Property Viewer to locate property information. GIS parcel data is also available through the Comptroller’s Parcel Data page. The Comptroller notes that its property assessment data is produced by county Assessors of Property. (assessment.cot.tn.gov)

For purposes of the PLAN program, the parcel included in an application is defined by the boundaries identified by the parcel owners seeking to participate. Those boundaries may be different from the boundaries of the larger lot shown in the property deed, assessor’s map, or other parcel data source.

The county tax tier map is available through the Tennessee Department of Economic and Community Development (TNECD). PLAN uses the most recent tiered Tennessee Job Tax Credit map published before the opening of the application period to score development pressure.  

PLAN funding may be used for a portion of the conservation easement purchase price and certain eligible ancillary costs related to enrolling the easement.

Eligible ancillary costs may include the appraisal, boundary survey, baseline documentation report, subsurface remoteness study, title insurance, a multi-resource management plan prepared by an accredited forester if produced within one year before application, and a one-time stewardship fee.

It may provide up to 100% of the funds necessary to purchase an easement, but only within the program’s payment caps and after accounting for any landowner donation or other matching funds.

Yes. The program’s rules establish limits on both easement purchase funding and ancillary costs per application.

A stewardship fee is a one-time payment to the easement holder for long-term monitoring, inspection, enforcement, insurance, and related stewardship responsibilities.

The department may make a funding offer to the qualified easement holder. To close, the selected project may have to complete appraisals, survey work, title work, draft deed review, and other required steps, including a baseline documentation report, recorded deed, owner’s title policy, and a subsurface interests remoteness study if subsurface rights are severed.

For required closing documents, the holder must choose service providers from the approved vendor list maintained by State of Tennessee Real Estate Asset Management.

A funding offer may remain open for up to 360 days, with one possible extension of up to 180 days for good cause shown.

If a selected application is withdrawn, voided, or otherwise does not close, the department will not make an additional offer to another application from that same application period.

A PLAN easement is perpetual. It runs with the land and remains in place permanently.

Possibly, but only if the amendment does not affect the easement’s perpetual duration or conflict with the purposes of the law. Any amendment must be documented in a notarized writing executed by the easement grantor and grantee and recorded in the register’s office of the county where the protected property is located.

Yes. With reasonable notice, the holder may enter the property at reasonable times to inspect for compliance with the easement.

A holder of a PLAN-funded easement must enter into renewable agreements with the department and meet ongoing requirements such as registration, accreditation or insurance, recordkeeping, monitoring, reporting, and enforcement responsibilities.

A holder of a PLAN-funded easement must enter renewable contracts with the department. Those contacts may include renewal of contract obligations every five years.  

A PLAN easement may be extinguished only pursuant to lawful condemnation or by judicial order applicable under state or federal law.

If the holder receives payment related to extinguishment or loss of a PLAN-funded easement interest, the holder must pay the department its proportionate value of the funds received within 90 days. The repayment rule does not apply to condemnation payments made by the State of Tennessee; other condemnation payments are subject to this rule.

Potential applicants may want to confirm that the land appears eligible, identify all owners of record, review any liens or leases affecting the parcel, gather key property documents, and speak with a qualified easement holder about a possible joint application. They may also want to review Greenbelt eligibility, common ownership, surface-rights status, existing easements, energy facilities, impervious-surface limits, agricultural tax exemption status if applying as agricultural land, forest-management plan status if applying as forest land, and scoring documentation such as estate-planning attestations, FSA records, management plans, certifications, and best management practice documentation.

Visit Tennessee Property Assessment Data | Home.