Forms


The most recent version of available forms will be provided here as Adobe Acrobat or portable document format (.pdf) documents and, when possible, as Microsoft Word template documents as a convenience to program administrators and for landowners interested in making specific requests for which they are eligible.  Information contained on these forms is useful to understand the review process and the conditions to be met for approval of requests.  All requests using these forms must first be submitted to your county’s program administrator for local review.  After local review, the county will forward your requests to the Foundation for consideration.  Unless otherwise indicated, please do not submit requests directly to the Foundation.  Please consult with your local program administrator before using these forms.  Forms will be posted as they become available (the link will become active).



Change of Ownership.  When the title transfers or otherwise changes on a district or easement property, please provide a copy of this form to the county program administrator and to the Foundation.

Property Description.  This form must be included with your District Agreement as part of your petition to the county to establish the agricultural preservation district.  You will probably need the county program administrator to help you complete this form.  If you apply to sell an easement to the Foundation on or after July 1, 2007, please consult with the county program administrator about the required forms.

Easement Application and Instructions for Completing the Application to Sell an Easement.  This application to sell an agricultural conservation easement to the Foundation should be completed and submitted with the required documentation to the county program administrator no later than July 1 for the offer cycle of that fiscal year.  Offers are usually made by the Foundation late the following winter or early spring.  A second file provides instructions for filling out the application.  A Microsoft Word template version of this easement application is also available that can be downloaded and completed on the computer.  To download this file on a PC, right-click on the following link and use the command “Save Target As…”  To download this file on a Macintosh, hold down the “control” key while clicking the mouse, using the command “Save File As…”  MS-Word Easement Application Template

Owner’s or Child’s Lot Release Request.  If you are the original landowner whose option contract to purchase the easement was approved by the Maryland Board of Public Works before October 1, 2003, OR if you are the original landowner who placed your property in a district before October 1, 2003, and you have not sold an easement, you are eligible to request the release of one owner’s lot and/or lots for your children within certain guidelines using this request form.

Family Lot Release Request.  The original landowner whose option contract to purchase the easement was approved by the Maryland Board of Public Works after October 1, 2003, is given a choice when applying to sell an agricultural conservation easement to the Foundation to retain eligibility to request up to three family lots (one lot for the personal use of the owner and/or two or three for the personal use of the owner’s children) or one unrestricted lot.  This same choice is available to the original landowner who placed his or her property in a district after October 1, 2003, and who has not sold an easement.  If you have chosen the family lot option or if you are a district owner and wish to request a lot release under the family lot option, please use this form to request the release of a family lot.

Unrestricted Lot Release Request.  The original landowner whose option contract to purchase the easement was approved by the Maryland Board of Public Works after October 1, 2003, is given a choice when applying to sell an agricultural conservation easement to the Foundation to retain eligibility to request up to three family lots (one lot for the personal use of the owner and/or two or three for the personal use of the owner’s children) or one unrestricted lot.  This same choice is available to the original landowner who placed his or her property in a district after October 1, 2003, and who has not sold an easement.  If you have chosen the unrestricted lot option or if you are a district owner and wish to request a lot release under the unrestricted lot option, please use this form to request the release of an unrestricted lot.

Tenant House Request.  Under current regulations, landowners are eligible to request one tenant house per full 100 acres to be used exclusively by a tenant fully engaged in the operation of the farm.  Such a house cannot be used as a rental, as an owner’s dwelling, as a caretaker’s cottage, or by anyone not fully engaged in the operation of the farm.  This dwelling cannot be subdivided from the property.

Agricultural Subdivision Request.  Under current regulations, landowners can request the subdivision of their property for an agricultural purpose, if the property is at least 100 acres in size, each resulting division is at least 50 acres in size, each resulting division meets the minimum eligibility requirements of the Program, and each resulting division can support an economically viable farming operation.  An agricultural subdivision will not be approved for a non-agricultural purpose, such as to settle estates, increase lot sizes, etc.

Request to Exclude a One-Acre Lot around a Pre-Existing Dwelling (old form).  If you are the original landowner whose option contract to purchase the easement was approved by the Maryland Board of Public Works before October 1, 2003, OR if you are the original landowner who placed your property in a district before October 1, 2003, and you have not sold an easement, you are eligible to request the release of a one-acre lot around any dwelling existing on the property at the time of easement sale OR, if an easement has not been sold, at the time of district establishment, within certain guidelines using this request form.

Request to Exclude a One-Acre Lot around a Pre-Existing Dwelling.  If you are the original landowner whose option contract to purchase the easement was approved by the Maryland Board of Public Works after October 1, 2003, OR if you are the original landowner who placed your property in a district after October 1, 2003, and you have not sold an easement, you are eligible to request the release of a one-acre lot around any dwelling existing on the property at the time of easement sale OR, if an easement has not been sold, at the time of district establishment, within certain guidelines using this request form.  If you have or are choosing the family lot option, the exclusion of a lot around a pre-existing dwelling can only be for the personal use of a family member qualifying for a family lot and will use up eligibility for a family lot from the total possible on the property.  If you have or are choosing the unrestricted lot option, the lot around a pre-existing dwelling can be excluded for anyone and will extinguish unrestricted lot eligibility on the property.  (See the discussion in Fact Sheet 4:  “Development Options Retained in District and Easement Properties.”)
 
Request for District Termination Due to Severe Economic Hardship.  Under extremely unusual circumstances of severe economic hardship, the Foundation’s Board of Trustees will consider the early termination of a five-year district agreement.  Severe economic hardship normally implies demonstrating proof of bankruptcy or imminent bankruptcy in combination with evidence that early termination of the district agreement will help resolve the economic hardship.  Such requests must first be made to the county for review and will then be considered in executive session by the Foundation’s Board of Trustees.  Requests must be fully documented and are approved only under exceptional circumstances.  Requests will not be considered for the termination of easement restrictions due to economic hardship.
 
Request to Use Wastewater Spray Irrigation.  Some county and municipal governments have instituted projects for the alternative disposal of wastewater by spray irrigation on agricultural properties.  If your property is in the MALPF program, is targeted as part of a local government project, and you wish to participate in that project, you are responsible for obtaining approval for participation from the Foundation’s Board of Trustees.

Forest Mitigation Application. When land is developed in Maryland, the Forest Conservation Act of 1991 requires retention, reforestation, or afforestation of specified amounts of forested land onsite or, if necessary, offsite. As more land is developed throughout the state, there are increasing requests to mitigate forestland away from development sites. MALPF is beginning to receive requests from easement landowners for forest mitigation on their farms for off-site development. Under certain conditions and in counties where mitigation is allowed on already preserved land, MALPF will consider forest mitigation on agricultural preservation land. The Foundation's forest mitigation policy was approved by the Board of Trustees at its January 2008 meeting.

Monitoring Form (for use by county program administrators). Program staff is required by MALPF policy to inspect at least 10% of MALPF-preserved properties annually and 100% of properties preserved with federal funding commitments. Program staff has a right under the easement to on-site inspections of all MALPF-preserved properties. This monitoring is done either by local county staff and/or State staff. Monitoring usually involves a site inspection and a review of the land records to ensure that the property is in compliance with the terms of the deed of easement representing the restrictions purchased by MALPF and, therefore, the State's interest in the property. Among the issues considered in an inspection are: the status of any new residential structures on the property; the status of the soil erosion and water quality plan; the status of the forest stewardship plan (if required); identification of any off-conveyances from the property, including agricultural subdivisions; any dumping or other stewardship issues on the property; conformity to allowable tenant house usage; and any non-agricultural uses of the property. Such visits are also invaluable to update landowners on changes in the program, to update records on ownership and other property information, and to listen to landowner concerns. A Microsoft Word template version of this monitoring form is also available that can be downloaded and completed on the computer.  To download this file on a PC, right-click on the following link and use the command “Save Target As…”  To download this file on a Macintosh, hold down the “control” key while clicking the mouse, using the command “Save File As…”  MS-Word Monitoring Form Template
FRPP InspectionForm. A PDF file for the federally funded easements is available with this link FRPP Inspection Form    


These forms are public documents and are provided for general information and to facilitate requests.  If you have a question about a specific law, regulation, policy, or provision of the district agreement, option contract, deed of easement, or any of these forms, please consult legal counsel.




maryland.gov MARYLAND DEPARTMENT OF AGRICULTURE
Martin O'Malley, Governor
Anthony G. Brown, Lt. Governor
Earl F. Hance, Secretary
Mary Ellen Setting, Deputy Secretary

Last revision:  October, 2014.

http://www.malpf.info/lforms.html