Sen. Katie Hester, invited to the work session, said she sought the legal opinion because she, too, was confused about how RECA applies to agricultural preservation easements. "I think it's worthy of investigation," she said, and offered to help convene state agencies and the county to seek clarity. Hester suggested that a cleanup bill could be introduced in 2027 and raised the possibility of grandfathering some priority preservation areas in the state-level legislation.
Hester and county staff also warned that federal tax-credit timelines create urgency: projects that initiate construction after July 4, 2025 must be placed in service by Dec. 31, 2027 to preserve an investment tax credit, a constraint that could make a lengthy moratorium effectively fatal to some projects. She encouraged a two-way dialogue with DPZ and said she was "here to be a partner."