Legal Documents
Related to
MALPFMore than most land preservation programs, the language in the deed of easement and the policies of the Maryland Agricultural Land Preservation Program are largely determined by statutory and regulatory language. Because the statute and regulations change over time and because the provisions applying to your property may be unique, to establish what restrictions apply to your district or easement property, you should first consult your deed of easement. While the Foundation strives to keep its regulations consistent with the law, when the statutory language in the Annotated Code of Maryland conflicts with the regulatory language in COMAR, the statutory language applies.
Statute
Maryland Annotated Code. Title 2. Department of Agriculture. Subtitle 5. Maryland Agricultural Land Preservation Foundation.
Maryland Annotated Code. Title 5. State Planning. Subtitle 5. Governmental Coordination, Cooperation, and Assistance in Planning. § 5-408. Certification of County Agricultural Land Preservation Programs.
The Annotated Code is the compilation of legislation that composes Maryland’s statutory code. The text provided here from Title 2 is the statutory language most directly applicable to the Maryland Agricultural Land Preservation Foundation. There is additional language elsewhere in the Annotated Code concerning issues such as MALPF’s sources of funding that will be added at a later date.
Regulations
Code of Maryland Regulations (COMAR). Title 15. Department of Agriculture. Subtitle 15. Maryland Agricultural Land Preservation Foundation. This subtitle contains most of the regulations that govern MALPF. (Version: January 7, 2009.)
Code of Maryland Regulations (COMAR). Title 14. Independent Agencies. Subtitle 24. Office of Planning. Chapter 8. Guidelines for the Certification of County Agricultural Land Preservation Program. (Version: August 12, 2008.)
COMAR is the compilation of regulations that interprets and supplements the Annotated Code. The regulations in Title 15 provided here are those that most directly apply to the Maryland Agricultural Land Preservation Program. There may be some additional regulatory language addressing the Program more indirectly. When identified, those regulations will be added to those posted here. Please note that only the printed version of COMAR is legally binding. COMAR is in the public domain and the sections cited here can be found at: http://www.dsd.state.md.us/comar/.
Deeds of Easement
Current Standard Deed of Easement (revision of May 2006). This deed of easement will be used for the FY 2006 easement offer cycle. No offers will be made in the FY 2006 easement offer cycle incorporating federal funds, so no federal easement language will be included in this year's Deed of Easement.
This deed of easement is the legal agreement between the landowner and the Foundation that restricts the future uses of the landowner's property. The landowner is selling development rights and imposing certain other restrictions on the property to benefit of the State of Maryland to preserve the property for agricultural use. The deed of easement is binding on all future owners of the property. Potential participants in the Program should review this document carefully with legal counsel – it represents what is being purchased by the Foundation. Because the terms of the Foundation’s deed of easement are largely determined by statutory and regulatory language, the easement cannot be tailored to fit each landowner's individual situation.
Someone seeking information on the restrictions applying to a specific property should consult that property’s deed of easement recorded among the County’s public land records. Easement language has evolved over time in response to statutory and regulatory changes, changes in policies adopted by the Foundation’s Board of Trustees, and the Foundation’s experience administering the Program. Further, some easements include additional restrictions at the request of the landowner, county, or Board of Trustees, for example, eliminating the termination clause to meet IRS standards for the deduction of any charitable element of the easement transaction or eliminating additional development rights. Finally, the Foundation draws on multiple funding sources, some of whom require specific easement language that differs from the standard deed of easement.
Please note that all deeds of easement acquired by an options contract approved by the Board of Public Works after September 30, 2004, will be perpetual, as required by House Bill 777 passed during the 2004 legislative session.
Current Federal Deed of Easement (Adobe Acrobat/pdf format) (version approved by the Natural Resource Conservation Service, July 2007; revision, July 17, 2007) – for offers including Federal Funds incorporating Federal easement language required by the Cooperative Agreement for Fiscal Years 2004-2005. This deed of easement has been revised for the FY 2007 easement offer cycle to incorporate changes required in the FY 2004-5 Cooperative Agreements, the grants currently being matched against State and local funds in the 2007 easement acquisition round. The Foundation was unable to settle any easements using federal funds since December 31. As of July 17, 2007, the Foundation is able to commit federal funds again in unique circumstances.
This deed of easement is the legal agreement between the landowner and the Foundation that restricts the future uses of the landowner's property when the offer includes funding from the U.S. Department of Agriculture’s Farm and Ranch Land Protection Program (FRPP). The Foundation’s participation in the Federal Farm and Ranch Land Protection Program requires that easements purchased with federal funds include additional or alternative easement language fulfilling the conditions of its cooperative agreement with the federal government. The FRPP is highly selective in the properties it funds; if your property receives federal funding, its soils are generally considered highly productive and meet other federal criteria.
Federal language to be included represents the contingent material interest that the Federal Farm and Ranch Land Protection Program has in the easement by virtue of the investment of its funds (such as inspection and enforcement rights). For example, while the additional language requires that conservation practices conform to Natural Resources Conservation Services standards, the soil erosion and water quality plan required by the Foundation is already drawn up by the local Soil Conservation District following these standards.
The language in Federally-funded easements has evolved over time. If you are seeking information on the Federally-funded restrictions applying to a specific property, you should consult that property’s deed of easement recorded among the County’s public land records.
Current District Agreement (Adobe Acrobat/pdf format) (revision approved by the Board of Trustees in September, 2003; revision, December 2003).
When a landowner petitions to create an agricultural preservation district, this is the agreement to restrict development on the property that is signed by the Foundation and the landowner and recorded in the county land records. As of July 1, 2007, district petitions will no longer be required as a precondition for applying to sell an easement to the Foundation unless required by the county in which the property is located. As of July 1, 2008, district petitions will no longer be accepted by MALPF. All MALPF districts will be terminated as of June 30, 2012. MALPF District Agreements in effect as of July 1, 2007, will continue until the commitment of the Agreement is fulfilled and the landowner terminates the agreement, or until June 30, 2012, whichever occurs first. If a district is required by the county as part of the application process, the district will be established by the landowner at the county level.
These are public documents and are provided for general information purposes only. If you have a question about a specific law, regulation, or provision of the district agreement, option contract, or deed of easement, please consult legal counsel.
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MARYLAND DEPARTMENT OF AGRICULTURE
Martin O'Malley, Governor Anthony G. Brown, Lt. Governor Earl F. Hance, Secretary Mary Ellen Setting, Deputy Secretary |
Last revision: January 6, 2010.
http://www.malpf.info/laws.html