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94080 . 4 COLLECTION AND USE OF FEES . ( a ) Agricultural Land Conservation Easements Fees . For projects which utilize purchase or acquisition of an agricultural land conservation easement , the developer or property owner shall pay all associated administrative , monitoring, transactional , stewardship and related costs based on the provisions of the Qualifying Entity as may be stipulated in a memorandum of understanding ( " MOU " ) between the Qualifying Entity and developer, with a copy of the MOU provided by the Qualifying Entity to the County when executed . ( b ) In - Lieu Fees . The payment of an in - lieu fee shall be collected by the Qualifying Entity based upon timing requirements as specified in Section 9 - 1080 . 4 . f, subject to execution of an MOU between the Qualifying Entity and developer, with a copy of the MOU provided to County after execution . The MOU is subject to the following provisions : ( 1 ) The in - lieu fee shall be established and annually updated by the Qualifying Entity, and may consider the following costs : ( A ) The purchase of an agricultural land conservation easement ( s ) on land that is . ( i ) At least equal to the number of acres that will be changed to anon -agricultural use through a General Plan Amendment or Zoning Reclassification ; Iii ) Of comparable agricultural quality, considering factors contained in . Section 9 - 1080 . 5 , below, as determined by the Qualifying Entity ; ( B ) The availability of other funds to the Qualifying Entity, including but not limited to state and federal grant monies , which can be applied to agricultural land conservation easement costs ; ( C ) Qualifying Entity costs , including but not limited to the costs of acquiring land and administering, monitoring, and enforcing the agricultural land conservation easement ( s ) : ( 2 ) The annual report by the Qualifying Entity required pursuant to Section 9 - 1080 . 7 ( b ) , shall indicate the current the inAeu fee . ( c ) Mitigation Bank Fees . Fees for mitigation bank credits shall be purchased through the Qualifying Entity, utilizing funds provided by the participating developer or property owner to the Qualifying Entity . Confirmation of fee payment shall be made by the Qualifying Entity to the County . ( d ) Mitigation . Agricultural Mitigation pursuant to this Chapter shall be considered during the environmental review for projects pursuant to the California Environmental Quality Act . ( e ) Collection of Fees . ( 1 ) Fees for agricultural land mitigation , in - lieu or mitigation bank credits shall be collected from the developer or land owner by the Qualifying Entity ( 2 ) The fees shall be collected by the Qualifying Entity prior to County issuance of a grading or building permit , or prior to recordation of a final or parcel map involving the subject property, whichever may occur first related to the agricultural mitigation project . ( f) Use of Fees . The fees shall be administered and used by the Qualifying Entity in fulfillment of its programmatic responsibilities . These responsibilities cover, without exception , acquiring interests in land and administering, monitoring, and enforcing the agricultural land conservation easement or other instrument designed to preserve the agricultural values of the land for agricultural land mitigation purposes . The fees shall not be used for purposes inconsistent with this Chapter . ( g ) Location . The location and characteristics of the agricultural mitigation land shall comply with the provisions of Section 94080 . 5 . Draft 8/ 10/22 Page 3 of 5