Code of
[This text was updated
15.15.01.00
15.15.01.01
The Maryland Agricultural Land
Preservation Program was created by the Maryland General Assembly to preserve
productive agricultural land and woodland which provides for the continued
production of food and fiber for the citizens of the State. This program is administered by the Board of
Trustees of the Maryland Agricultural Land Preservation Foundation (the
Foundation). The preservation of
agricultural land will curb the spread of urban sprawl and protect agricultural
land and woodland as open space land.
A. The
Maryland Agricultural Land Preservation program is voluntary on the part of
landowners and is dependent upon the cooperation of local government. This program requires local governments to
appoint agricultural preservation advisory boards that assist in the creation
of agricultural preservation districts where the subdivision and development of
land is restricted by agreement between the landowner and the Agricultural Land
Preservation Foundation, and where agricultural and woodland production
activities are encouraged and protected.
If a landowner requests that this property be included in a district,
that property must meet minimum criteria as established by the Agricultural
Land Preservation Foundation. If an
easement has not been sold to the Foundation, a landowner may terminate after 5
years his property's inclusion in a district.
Notice to terminate must be given 1 year in advance of the termination
date.
B. A landowner
who includes his land within a district will receive the following benefits:
(1) Direct and
indirect support of agriculture;
(2) Insulation
of normal agricultural activities from nuisance complaints; and
(3) Eligibility
to make an application to sell an agricultural land preservation easement to
the Foundation.
C. Once land
is in an agricultural preservation district, a landowner may make application
to sell an easement to the Maryland Agricultural Land Preservation
Foundation. The application will
indicate the price of any easement offered.
The maximum value of this easement is determined as the difference
between the land's agricultural use value and its fair market value as
determined by appraisals. However, the
Foundation has the discretion to select those easements which it shall
purchase. Purchased easements may be
reviewed after a 25-year period, and if profitable farming is found not to be
feasible, an easement may be terminated by repurchase.
A. In these
regulations, the following terms have the meanings indicated.
B. Terms
Defined.
(1) "Adjoining"
means having a common border.
(2) "Agricultural
land preservation easement" or "easement" means a negative
servitude which restricts a landowner's right to use the land for any
commercial, industrial, or residential purpose except as otherwise permitted by
Agriculture Article, §2-513, Annotated Code of Maryland.
(3) "Agricultural
use" means any use of land which directly contributes to the production,
processing, or storage of agricultural products.
(4) "Contiguous"
means having a common border.
(5) "Profitable
farming feasibility" means the:
(a) Potential
for yielding an excess of returns over expenditures through agricultural
production and transactions as influenced and determined by productive
capability of the subject land;
(b) Existence
and proximity of markets for agricultural products; and
(c) Relative
profitability of agricultural pursuits on adjacent and nearby lands.
(6) "Severe
economic hardship" means:
(a) A state of
financial peril of a landowner as evidenced by bankruptcy proceedings;
(b) The results
of natural disaster or farm owner/operator disability; or
(c) As
determined by the Board of Trustees on a case-by-case basis.
(7) "Subdivision"
means the division of land into two or more parts or parcels.
15.15.01.02
A. In each
county containing productive agricultural land, the county governing body shall
appoint a five-member agricultural preservation advisory board as provided by
law (Agriculture Article, §2-504.1).
B. The
appointment of an agricultural preservation advisory board shall be a
prerequisite to program eligibility for landowners in each county.
C. Agricultural
preservation advisory boards shall have the following responsibilities and
duties:
(1) To advise
the county governing body with respect to the establishment of agricultural
preservation districts and the approval of purchases of easements by the
Foundation within the county;
(2) To assist
the county governing body in reviewing the status of agricultural preservation
districts and land under easement;
(3) To advise
the Foundation concerning county priorities for agricultural land preservation,
and to develop, for consideration by the county governing body, criteria which
may expand upon Foundation criteria and priorities relative to size, productive
capability, and location of land eligible in the program;
(4) To promote
the preservation of agriculture within the county by offering information and
assistance to farmers with respect to the establishment of agricultural
preservation districts and the purchase of easements; and
(5) To perform
any other duties as assigned by the county governing body.
15.15.01.03
A. Conditions for
Establishment.
(1) To establish a district, a
landowner shall:
(a) File a
petition as provided under §B of this regulation; and
(b) If the
petition is approved as provided under this regulation, execute a district
agreement in the form prescribed by the Foundation, agreeing, among other
things, that the following covenants, conditions, and restrictions contained in
it run with the land covered by the agreement for so long as the agreement
remains in effect:
(i) The landowner agrees to keep the land in agricultural use in a
district for, except as otherwise permitted by law, a minimum period of 5 years
from the date the district agreement is recorded in the land records of the
county where the district is located,
(ii) The
landowner agrees not to use the land for any commercial, industrial, or
residential purpose, except as otherwise permitted by Agriculture Article,
§2-513, Annotated Code of Maryland,
(iii) The
landowner agrees not to subdivide the land for any purpose unless the
Foundation first has approved the proposed subdivision, and
(iv) The
landowner agrees not to construct buildings or structures on the land that are
not designed or intended to be used for agricultural purposes unless the
Foundation first has approved the proposed construction.
(2) The Foundation may only
purchase an easement on land in a district.
B. Petition
for Establishment.
(1) One or more owners of land
actively devoted to agricultural use within an eligible county may voluntarily
file a petition with the county governing body requesting the establishment of
an agricultural preservation district composed of the land owned by the
petitioners.
(2) The petition shall include a
general description of each land parcel including acreage and the current use
of the land and shall be accompanied by a map or plat of each subject parcel at
a scale no smaller than 1 inch equals 600 feet (copy of tax map will meet
requirement).
(3) The petition also shall be
accompanied by a district agreement for each subject parcel signed by the
landowner or landowners.
(4) The petition and district
agreement shall be submitted to the local governing body.
C. Agricultural
Preservation District Establishment-----Procedures.
(1) Referral of Petition.
(a) Upon
receipt of a petition to establish an agricultural preservation district, the
local governing body shall refer the petition and accompanying materials to
both the agricultural preservation advisory board and to the county planning
and zoning body.
(b) Within 60
days of the referral of a petition, the agricultural preservation advisory
board shall inform the county governing body whether the land in the proposed
district meets the qualifications established by the Foundation under §D of
this regulation, and whether the advisory board recommends establishment of the
district.
(c) Within 60
days of the referral of a petition, the county planning and zoning body shall
inform the local governing body whether establishment of the district is
compatible with existing and approved county plans, programs, and overall
county policy, and whether the planning and zoning body recommends
establishment of the district. In the
process of review, the local planning and zoning body shall consider
compatibility of district establishment with State and local plans and programs.
(2) If either the agricultural
preservation advisory board or the planning and zoning body recommends
approval, the county governing body shall hold a public hearing on the
petition. Adequate notice of the hearing
shall be given to all landowners in the proposed district, to landowners
adjacent to the proposed district, as far as feasible, and to the
Foundation. If neither body recommends
approval of the petition, the local governing body shall deny the petition and
notify the landowner or landowners and the Foundation stating the reasons for
the denial.
(3) Approval of Petition.
(a) Within 120
days after the receipt of the petition, the county governing body shall render
a decision on whether the petition shall be recommended to the Foundation for approval.
(b) If the
county governing body decides to recommend approval of the petition, this body
shall so notify the Foundation and forward to the Foundation the petition and
all accompanying materials, including the recommendations of the advisory board
and county planning and zoning body, and a composite property boundary map of
the proposed district.
(c) If the
county governing body recommends denial of the petition, it shall so inform the
Foundation and the petitioner or petitioners, stating the reasons for this
denial.
(4) The Foundation may approve a
petition for the establishment of an agricultural preservation district only
if:
(a) The land
within the proposed district meets the qualifying criteria established under §D
of this regulation;
(b) Approval of
the petition has been recommended by the county governing body; and
(c) Establishment
of the district is approved by a majority of the Foundation Board of Trustees
at-large, by the Secretary, by the State Treasurer, and by the Comptroller.
(5) The Foundation shall render
its decision on a petition to establish an agricultural preservation district
within 60 days of the receipt of the petition, and shall inform the county
governing body and the petitioner (or petitioners) of its decision.
(6) If the Foundation approves
the petition, the agricultural preservation district shall be established by
the county governing body. However, the
establishment may not take effect until all parties have executed agricultural
preservation district agreements and until these agreements have been recorded
in the land records of the county. The
Foundation shall do the recording. The
Foundation shall notify the landowner and the local governing body of the
effective date of district establishment.
(7) Ordinance.
(a) Each county
shall establish an ordinance relative to all agricultural preservation
districts.
(b) The
ordinance shall provide that, within the district:
(i) Any farm use of land is permitted;
(ii) Operation
at any time of machinery used in farm production or the primary processing of
agricultural products is permitted; and
(iii) Normal
agricultural operations performed in accordance with good husbandry practices,
which do not cause bodily injury or directly endanger human health, are
permitted, including the sale of farm products produced on the farm where the
sales are made.
(8) Local governments are
encouraged to minimize regulatory requirements for non-residential farm
structures and related agricultural improvements.
(9) The establishment of a
district does not grant the public any right of access or right of use of
subject properties.
D. Agricultural
Preservation Districts-----Qualifying Criteria.
(1) Productive Capability
Criteria.
(a) Agricultural
preservation districts shall consist of land which is either used primarily for
the production of food or fiber or is of such open space character and
productive capability that continued agricultural production is feasible.
(b) Soils
Criteria.
(i) The majority of the land of any district shall consist of U.S.D.A.
Soil Capability Classes I, II, and III;
(ii) The
majority of the land area of any district shall consist of U.S.D.A. Woodland
Groups 1 and 2 which are applied to wooded areas only;
(iii) The
majority of the land area of any district less the acreage contained within the
100-year floodplain as delineated on Flood Hazard Boundary Maps produced by the
Federal Emergency Management Administration and State or federal designated
wetlands shall consist of U.S.D.A. Soil Capability Classes I, II, and III on cropland
and pasture or Woodland Groups 1 and 2 on wooded areas only;
(iv) A minimum
of 60 percent of the land area of any district shall consist of U.S.D.A. Soil
Capability Classes I, II, and III on cropland and pasture and Woodland Groups 1
and 2 on woodland areas; or
(v) A minimum
of 60 percent of the land area of any district less the acreage contained
within the 100-year floodplain and State or federal wetlands shall consist of
U.S.D.A. Soil Capability Classes I, II, and III on cropland and pasture and
Woodland Groups 1 and 2 on wooded areas.
(c) Exceptions
to §D(1)(b)(i)-----(v) of this regulation may include
land areas of lower soil capabilities, but with a rating similar to Classes I,
II, and III on cropland and pasture and Woodland Groups I and II on woodland
areas. Land with lower soil capabilities
may qualify to be in a district if the soils on the applicant's farm otherwise
comply with all the requirements of this section and the applicant submits to
the Foundation a letter from the appropriate U.S. Department of Agriculture
district conservationist that states that the soils on the applicant's farm
have a cropland or pasture rating similar to Classes I, II, and III, or
Woodland Groups I and II. Farm areas
with extensive specialized production, including but not limited to dairying
livestock, poultry, fruit, or berry production may also be considered by the
Foundation to be included in a district.
(2) District Size Criteria.
(a) An
agricultural preservation district shall be 100 contiguous acres. However, a parcel of less than 100 acres may
qualify as a district if:
(i) It adjoins a 100-acre parcel which has been approved by the
Foundation as an agricultural preservation district;
(ii) It is
added to one or more adjoining parcels which together have been approved by the
Foundation as agricultural preservation districts;
(iii) The land
has extraordinary agricultural capability as provided by §D(5) of this
regulation and is of significant size; or
(iv) It adjoins
land subject to a recorded instrument which permits agricultural activities and
contains restrictions that are the same as or more stringent than those found
in the Foundation's deed of easement, and the collective mass of these lands
total at least 100 acres.
(b) The
Foundation may not purchase an agricultural preservation easement from a
landowner of a district of less than 100 acres unless:
(i) It is contiguous to a district or districts on which a 100-acre
easement has been purchased;
(ii) The
landowners in the adjoining districts which are each less than 100 acres but
total at least 100 acres accept the Foundation's offer to purchase an easement;
(iii) The land
has extraordinary agricultural capability as provided by §D(5) of this
regulation and is of significant size; or
(iv) It adjoins
land subject to a recorded instrument which permits agricultural activities and
contains restrictions that are the same as or more stringent than those found
in the Foundation's deed of easement, and the collective mass of these lands
total at least 100 acres.
(3) Locational Criteria. Land within the boundaries of a 10-year water
and sewerage service district may be included in an agricultural preservation
district only if that land is outstanding in productivity and is of significant
size. Note: Refer to
(4) Agricultural land which is
otherwise qualified for district establishment and is comprised predominantly
of land of lower general capability also may meet minimum qualifying criteria
if the following conditions are met to the satisfaction of the Foundation:
(a) The
agricultural preservation advisory board of the county in which the land is
located shall obtain general information from the Agricultural Extension Agent
and specific written information from the soil conservation district in the
county, and such other sources as might be applicable, addressing the long-term
productivity of the land and farm management practices, and shall forward this
documentation to both the local governing body and to the Foundation; and
(b) The
agricultural preservation advisory board shall state in its recommendations,
with the advice of the applicable soil conservation district, that an approved
soil conservation plan is being implemented.
(5) For the purpose of this
chapter, land has "extraordinary agricultural capability" if it:
(a) Has a soil conservation plan approved by a local soil conservation
district, fully implemented according to a schedule in the plan;
(b) Is located in an area designated by a county for agricultural
preservation;
(c) Is
recommended by the majority of the Foundation's Board of Trustees after an
on-site inspection is conducted by one or more members of the Foundation; and
(d) Meets
either of the following:
(i) Has at least 60 percent of the land area consisting of U.S.D.A.
Soil Capability Classes I, II, and III, or U.S.D.A. Woodland Groups 1 and 2
which are applied to wooded areas only, or
(ii) Has a
minimum of 72 percent of the land area less any acreage included within the
100-year floodplain and less any acreage included in State or federal wetlands
consisting of a combination of U.S.D.A. Soils, Class I, II, and III on cropland
and pasture and Woodland Groups 1 and 2 on wooded areas.
E. Additions
to Existing Districts. The procedures
for adding land to existing districts shall be the same as for the initial
establishment of districts. There is no
minimum size criteria for the addition of land parcels contiguous to an
agricultural preservation district.
F. Exclusion
of Lots in Districts.
(1) A landowner may request to
have excluded from a district certain portions of the owner's property,
constituting lots of either 1 acre or less, or, when permitted by Agriculture
Article, §2-513, Annotated Code of Maryland, 2 acres or less, if the purpose for
excluding the property is to construct a dwelling house for the owner or the
owner's children.
(2) In making this request, the
landowner shall follow the procedures described in Regulation .16 of this
chapter.
(3) In reviewing the landowner's
request, the Foundation shall examine the:
(a) Location of
the lot to be excluded;
(b) Potential
impact the lot's exclusion may have on the agricultural use of the remaining
property; and
(c) Owner's
future right, if not already forfeited under §F(4) of
this regulation, to have lots released from the Foundation's easement, should
an easement be subsequently acquired by the Foundation.
(4) Lots Released from
Foundation's Easement.
(a) Lots
excluded under this section from property an owner has placed in a district
affects the owner's future right under Agriculture Article, §2-513(b),
Annotated Code of Maryland, to have lots released from the Foundation's
easement, should the Foundation subsequently acquire an easement in that
property.
(b) For each
lot excluded from a district under this section, the number of lots a landowner
would otherwise be entitled to have released, should the Foundation acquire the
easement, will be reduced by one.
(c) As a
precondition to releasing a lot from a district under this section, the owner
shall sign a statement agreeing to and acknowledging the forfeiture of the
owner's right as described in this subsection, to have lots released from the
Foundation's easement, should the Foundation acquire an easement.
G. Continuation
of Districts. Agricultural districts
shall continue in effect indefinitely unless terminated in accord with any of
the procedures provided in Regulation .04 of this chapter.
H. Access. In determining questions about easements,
rights-of-way, licenses, and other similar servitudes in land subject to a
district agreement, the Foundation shall follow the same rules that are
applicable to the establishment of these servitudes in land subject to a
preservation easement set forth under Regulation .17F of this chapter.
15.15.01.04
A. The
provisions of this regulation are applicable only to land in agricultural
preservation districts on which an easement is not held by the Foundation.
B. After 5
Years. A landowner may terminate his property's
inclusion in an agricultural preservation district at any time after 5 years
from the establishment of the district.
Notice of intention to terminate may be submitted to the Foundation at
the end of the fourth year of the district's establishment, or anytime after,
with a 1-year notice.
C. Severe
Economic Hardship.
(1) Foundation
and
(2) Petitioning
the Foundation.
(a) To obtain
the relief available under §C(1) of this regulation, the landowner shall
petition the Foundation, stating succinctly the severe economic hardship that
the landowner is sustaining, and providing the Foundation with the following
information:
(i) A recent financial statement which shows the owner's complete
assets and liabilities and a statement that the information contained in the financial
statement is true and accurate;
(ii) Other
information attesting to the severe economic hardship that the landowner is
sustaining, including by way of example, information from mortgagees, lien
holders, creditors, attorneys, the Internal Revenue Service, or other
third-party interests who are qualified to address the economic condition of
the landowner.
(b) Copy to
County. The landowner shall send a copy
of this petition and the information required under §C(2)(a) of this regulation
to the appropriate county governing body.
(c) Disclosure
of Information. To the extent permitted
by law, the Foundation shall deny public access to the information the
landowner has supplied the Foundation under §C(2)(a) of this regulation. Nothing in this regulation shall preclude the
Foundation from discussing this information with the appropriate county
governing body, whose concurrence is required in any property release under
this section.
(d) If the
Foundation approves the petition to release the landowner's property from a
district, the Foundation shall prepare the release.
C. Land Within
District No Longer Meeting Qualifications.
The Foundation may approve alteration or abolishment of the district, if
the following occur:
(1) The use of
land within the district has so changed as to cause land within the district to
fail to meet the qualifications under Regulation .03D of this chapter;
(2) The
Foundation has assessed the potential impacts of alteration on remaining lands
in the district;
(3) The
alteration or abolition of the district has been recommended by the county
governing body after review by the agricultural preservation advisory board and
county planning and zoning body, and a public hearing has been held; and
(4) The
alteration or abolition is approved by a majority of the Foundation Board of
Trustees at large, by the Secretary, and by the State Treasurer.
15.15.01.05
A. An owner of
agricultural land located within an agricultural land preservation district may
offer by written application to sell to the Foundation an easement on the
entire contiguous acreage of land within that district.
B. The owner
shall submit a written application to sell an easement to the Foundation not
later than July 1 of the fiscal year in which the application is to be
considered and include with the application:
(1) An asking price for which
the owner is willing to sell an easement;
(2) A complete description of
the subject land;
(3) A certification from the
local soil conservation district that it has prepared or revised within the
last 10 years a soil conservation and water quality plan that:
(a) Identifies
the existing erosion and water quality problems on the subject land and the
means (that is, the practices and other conservation measures) necessary to
address them, and
(b) Contains a
schedule for implementing the means to address the problems;
(4) An
acknowledgement by the landowner that if the Foundation acquires an easement on
the subject land, the owner shall implement the conservation practices stated
in the soil conservation and water quality plan in accordance with the stated
schedule; and
(5) A statement
that a forest management plan approved by a registered forester exists on the
property if 50 percent or more of the acreage of the applicant's land in the
agricultural preservation district is woodland.
15.15.01.06
A. The Board
shall determine the maximum number of applications it may consider in each
offer cycle.
B. Applications
received after the maximum number has been reached may be considered in the
next available cycle.
15.15.01.07
In each offer cycle, the Foundation
shall hold all applications to be considered until July 1, when it officially
shall receive the applications.
15.15.01.08
Within 30 days after the receipt of
an application, the Foundation shall notify the landowner whether the
application is sufficient. If the
application is insufficient, the Foundation shall specify the reason for
insufficiency and grant the owner an additional 30 days to remedy the
insufficiency. If the application is
made sufficient within 30 days of the notification by the Foundation, the
application shall be considered as if it had originally been submitted in a
timely and sufficient manner.
15.15.01.09
A. Within 30
days after receiving an owner's application to sell an easement, the Foundation
shall notify the governing body of the county containing the subject land that
it has received an application.
B. Within 60
days after receiving the notification referenced in §A of this regulation, the
county governing body shall advise the Foundation as to local approval or
disapproval of the application.
C. The
Foundation shall grant a county governing body a 30-day extension of this
response period if the county governing body applies to the Foundation for an
extension and states its reasons.
D. In deciding
whether to approve the application, the county governing body shall receive the
recommendation of the county agricultural preservation advisory board.
E. In making
its recommendation, the county agricultural preservation advisory board shall
take into consideration criteria and standards adopted by the Foundation under
current local regulations, local patterns of land development, and any locally
established priorities for the preservation of agricultural land.
F. The county
agricultural preservation advisory board shall provide a public hearing
concerning any application to sell an easement if a hearing is requested by a
majority of the county agricultural preservation advisory board, or by a
majority of the county governing body, or by the applicant.
G. The Board
of Trustees of the Foundation may not approve an application to sell which has
not been approved by the governing body of the county containing the subject
land.
15.15.01.10
A. Maximum
Value.
(1) Computation. The maximum value of any easement to be
purchased shall be the asking price, or the difference as of the valuation date
between the fair market value of the land and the agricultural value of the land,
whichever is lower.
(2) Valuation
date. The valuation date for each
property within an agricultural land preservation district being appraised in a
given offer cycle shall be July 1, the last day in each offer cycle that an
application may be submitted for consideration.
B. Fair Market
Value.
(1) The fair
market value of the land is the price as of the valuation date for the highest
and best use of the property which a vendor, willing but not obligated to sell,
would accept for the property, and which a purchaser, willing but not obligated
to buy, would pay for the property if the property was not subject to any
restriction imposed under these regulations.
(2) The
Department of General Services shall determine the land's fair market value
based on one or more appraisals by the State appraisers, and appraisals, if
any, submitted by the landowner. The
entire contiguous acreage shall be included in this determination, less 1 acre
per single dwelling.
(3) In determining
the fair market value of land, improvements to the land may not be considered.
(4) If the
subject property is less than 100 acres and its fair market value is being
determined under the direct sales comparison approach, the adjustments for size
between the subject property and the comparison properties shall be calculated
as though the subject property is 100 acres.
C. Agricultural
Value. The agricultural value of land
shall be determined by the formula provided under COMAR 15.15.02.
(1) If the
landowner and Foundation do not agree on the value of the easement as
determined by the State, either party may request that the matter be submitted
to the property tax assessment appeals board where the property is located for
arbitration;
(2) Either
party may appeal the property tax assessment appeal board's determination of
the easement value by petitioning the Maryland Tax Court for a de novo hearing;
(3) Either
party may appeal from the Tax Court's final order to the circuit court of the
county where the property is located.
E. Effect of
Board's Determination in a Purchase of the Easement. Unless the parties agree to a lesser value or
an appeal is noted to the Maryland Tax Court, the parties are bound for a
period of 2 years by the property tax assessment appeal board's determination
of the easement value.
F. Consideration
of Application Following Appeal.
(1) If,
following an appeal, the round of easement offers has closed for the offer
cycle that the landowner originally applied to sell the easement, the
Foundation shall consider the landowner's application in the next available
offer cycle as provided in §F(2) or (3) of this regulation.
(2) Foundation
Would Have Made Offer.
(a) If the
value of the easement as finally determined on appeal is such that the
landowner would have received an offer in the offer cycle that he applied to
sell the easement, the Foundation, subject to §F(2)(b) and (c) of this regulation,
shall offer the landowner a sum equal to the value determined on appeal or the
original asking price, whichever is lower.
(b) The
Foundation may make an offer only if:
(i) Funds are available;
(ii) A majority
of the board members at-large approve the offer;
(iii) The State
Treasurer and the Secretary have recommended that the offer be made; and
(iv) The value
determined on appeal is greater than the State's appraised value of the land.
(c) If the
conditions of this section have been met, the Foundation shall make the offer:
(i) After paying the current year's appraisal costs for the county
where the property is located; and
(ii) If
possible, before making the first ranked current offer cycle applicant in that
county an offer.
(3) Foundation Would
Not Have Made Offer.
(a) If the
value of the easement as finally determined on appeal is such that the
landowner would not have received an offer in the offer cycle that he had
applied to sell the easement, the Foundation, subject to §F(3)(b) and (c) of
this regulation, may consider his application to sell along with the new
applications.
(b) The
Foundation may not consider the landowner's application if:
(i) The landowner has not requested in writing that the Foundation do
so; and
(ii) The value
determined on appeal is less than or equal to the State's appraised value of
the land.
(c) The
Foundation shall treat the landowner's written request as a formal application.
15.15.01.11
A. A landowner
whose application to sell an agricultural land preservation easement has been
rejected for a reason other than insufficient funds may not reapply to sell an
easement on the same land or on the same terms until 2 years have passed after
the date of the original application.
B. However, if
the landowner's asking price is lower than that indicated in the original
application, the landowner may apply to sell an easement on that same land in
the next available offer cycle or any cycle after that.
15.15.01.12
Only those applications for land
which is subject to existing mining or mineral rights sale or lease, in which
the landowner or mineral rights owner or lessee will subordinate their interest
to the Foundation's interest with the following exceptions and limitations:
A. Alterations
to surface contours and conversion from agricultural and open space use to
mineral extraction use, or both, may occur only as specified by the Foundation
in advance of easement acquisition and in accord with remaining mineral rights
subsequent to releases, on a case-by-case basis;
B. Mineral
extraction shall be, and remain strictly ancillary to, the agricultural use of
the property and shall be limited to the extraction of sand and gravel, shale, limestone,
crude petroleum and natural gas, clay, ceramic, and fertilizer minerals and
deep-mined minerals, including bituminous coal; and
C. Reclamation
of the subject parcel shall be accomplished in accord with
15.15.01.13
Upon approval of a majority of the
Board members at-large, and upon the recommendation of the State Treasurer and
the Secretary, an application to sell shall be approved, and an offer to buy
which contains the specific terms of the purchase shall be tendered to the
landowner. An offer to buy may specify
terms, contingencies, and conditions not contained in the original application.
15.15.01.14
A. With
respect to allotted purchases, the Foundation shall tender any offer to buy
containing the specific terms of the purchase for the:
(1) First offer
cycle, on or before January 31; and
(2) Second
offer cycle, on or before July 31.
B. With
respect to additional offers to buy tendered, the Foundation may not tender
these offers earlier than 30 days after the completion of allotted purchases in
each offer cycle.
C. A landowner
has 30 days from the date of any offer to buy in which to accept or reject the
offer.
15.15.01.15
A. At the time
of settlement of the purchase of an easement, the landowner and the foundation
may agree upon and establish a schedule of payment such that the landowner may
receive consideration for the easement in a lump sum, or in installments over a
period of up to 10 years from the date of settlement.
B. If a
schedule of installments is agreed upon, the Comptroller shall retain in the
Maryland Agricultural Land Preservation Fund an amount of money sufficient to
pay the landowner according to the schedule.
C. The
landowner shall receive annually interest on any unpaid balance remaining after
the date of settlement. This interest
shall be at the same rate as any interest earned on the funds retained pursuant
to §B of this regulation, less 1/4 of 1 percent.
15.15.01.16
A. On or before June 30, following the first
offer cycle, or on or before December 31, following the second offer cycle, the
Foundation shall notify every landowner whose application had been rejected
during that offer cycle. The Foundation
shall specify the reasons for that rejection.
B. A landowner whose application has been
rejected for a reason other than insufficient Foundation funds may not reapply
to sell an easement on the same land on the same terms until 2 years after the
date of the original application.
15.15.01.17
A. Provisions
to be Included in Easement and
(1) Any
agricultural use of land is permitted;
(2) Operation
of machinery used in farm production or the processing of agricultural products
is permitted;
(3) Normal
agricultural operations performed in accordance with good husbandry practices,
which do not cause bodily injury or directly endanger human health, are
permitted, including sale of farm products produced on the farm where the sales
are made, and may generally include up to 25 percent in gross sales of farm
products produced locally on other farms.
B. Prohibitions. Except as permitted by Agriculture Article,
Title 2, Subtitle 5, Annotated Code of Maryland, a landowner who has sold an
agricultural preservation easement to the Foundation is prohibited from using
that land for any commercial, industrial, or residential purpose.
C. Dwellings.
(1) Application. Before a lot may be released from an
easement's restrictions for the construction of a dwelling house, the landowner
shall submit an application to the Foundation that:
(a) The
landowner has signed;
(b) Contains a
declaration that the lot and dwelling house are only for the use of the
landowner or the landowner's child, whichever is the case (if the use is for
the landowner's child, identify the child);
(c) Includes
signed statements indicating approval of the release from both the local
agricultural land preservation advisory board and the county planning and
zoning department;
(d) Includes a
description of the land to be disturbed by both the dwelling and access to that
dwelling, so as to gauge the impact that the dwelling and any access to that
dwelling will have on the farm; and
(e) Includes a
survey plat or tax map on which the precise location of the proposed lot is
noted.
(2) Corporation's
or Similar Entity's Request for Children's
(a) Entity's
membership is comprised of family members who are actively engaged in the daily
agricultural operations on the land; and
(b) Entity is
otherwise eligible to have a lot released.
(3) Owner's
D. Tenant
House. A landowner also may construct
housing for tenants fully engaged in the operation of the farm. The procedure for the approval of a tenant
house is provided by COMAR 15.15.03.
E. Public Not
to be Granted Right of Access or of Use.
Purchase of an easement by the Foundation does not grant the public any
right of access or right of use of the subject property.
F. Granting Easements
and Rights-of-Way.
(1) General
Rule. After a landowner has sold an
agricultural preservation easement to the Foundation, the landowner may not
grant or permit another to establish an easement, right-of-way, or other
servitude in that land without the Foundation's written permission.
(2) Exceptions
to General Rule. The Foundation may
permit an easement or right-of-way to be granted in land subjected to a
preservation easement under the following circumstances:
(a) If it is to
service a lot released from preservation easement restrictions under
Agriculture Article, §2-513, Annotated Code of Maryland;
(b) If it is to
service a neighboring farm, provided, however, that its use is restricted to
the movement of farm equipment or other items associated with farming.
G. Permitted
Uses.
(1) The
Foundation may not purchase a preservation easement unless, as provided under
Agriculture Article, §2-513, Annotated Code of Maryland, the easement
instrument and the regulations in the county in which the easement is to be
purchased permit the following uses on that land:
(a) Any farm
use of land is permitted;
(b) Operation
at any time of any machinery used in farm production or the primary processing
of agricultural products is permitted; and
(c) All normal
agricultural operations performed in accordance with good husbandry practices
which do not cause bodily injury or directly endanger human health are
permitted including, but not limited to, sale of farm products produced on the
farm where these sales are made.
(2) A landowner
may not use land subjected to a preservation easement for any purpose that is
otherwise prohibited, inconsistent with, or contrary to State or local law, or
the restrictions imposed by the preservation easement.
(3) In
determining whether a particular use is inconsistent with or contrary to the
preservation easement, the Foundation shall consider the following factors:
(a) Whether it
is a commercial, industrial, or residential use;
(b) Whether it
will likely have a negative impact on the agricultural operations of the farm
on which it is to be implemented;
(c) Whether it
has an historical relationship to farming (for example, goose hunting); and
(d) Whether it
is temporal, seasonal, or permanent in nature.
H. Documentation
Required For Agricultural Subdivision.
(1) A landowner
may not subdivide land subject to restrictions of an agricultural land
preservation district or easement without written approval from the Foundation.
(2) A landowner
shall submit a written request for approval to the Foundation.
(3) All
requests for agricultural subdivisions shall be decided on a case-by-case
basis.
(4) A request
shall be considered by the Foundation if:
(a) An
application for agricultural subdivision has been fully and accurately completed
and signed by all landowners;
(b) The
landowner provides an unmarked copy of the tax map outlining the entire
district or easement property;
(c) A second
copy of the tax map is provided that clearly indicates the property boundaries
of the district or easement and the area proposed to be agriculturally
subdivided, including access to all pre-existing dwellings, lot exclusions,
tenant houses, and farm buildings;
(d) The county
program administrator submits written verification to the Foundation describing
the current overall farm operation, as well as the current and intended use of
the proposed agricultural subdivision;
(e) The local
tax assessment office submits written documentation to the Foundation that the
subdivided portion and the remaining portion of the original parcel continue to
qualify for agricultural use assessment under Tax-Property Article, Annotated
Code of Maryland;
(f) The local
agricultural land preservation advisory board submits a letter to the
Foundation addressing the potential for continued agricultural use of the
property and approving the request;
(g) The
proposed subdivision is intended for an agricultural purpose and both the
parcel to be subdivided and the remaining parcel are able to sustain long-term
agricultural production, independent from the other; and
(h) The
requested subdivision is consistent with county planning and zoning
regulations, as evidenced by a letter of approval and recommendation or
statement of conformity received from the local planning and zoning office or
the county program administrator.
I. Property
Requirements For Agricultural Subdivision.
(1) The
subdivided portion and all remaining parcels shall be at least 50 acres, and
each parcel shall meet the minimum soils requirement, as provided by Regulation
.03D of this chapter, for district establishment; and
(2) A request
for an agricultural subdivision may not be considered by the Foundation for
land that is less than 100 acres, unless the property is subject to an
agricultural preservation easement.
J. Exceptions
to Property Size.
(1) The
Foundation may permit a subdivision of less than 50 acres of easement property
if:
(a) One of the
following exists:
(i) It is for the purpose of straightening a boundary; or
(ii) The parcel
to be subdivided is conveyed to an adjoining easement property, the remaining
parcel is at least 50 acres, and if the adjoining easement property is not a
Foundation easement, it shall be restricted by a recorded instrument that
permits agricultural activities and contains restrictions that are the same as
or more stringent than those found in the Foundation's deed of easement; and
(b) The
remaining portion of the original parcel meets the minimum soils criteria, as
provided in Regulation .03D.
(2) The
Foundation may permit the subdivision of an easement property that is less than
100 acres if:
(a) The parcel
to be subdivided is conveyed to an adjoining easement property; and
(b) The
remaining portion of the original parcel consists of at least 50 acres.
K. Special
Exceptions. If the request for an
agricultural subdivision is being made as a special exception, the following
documentation is required:
(1) A recommendation to either
endorse or deny the request for the subdivision from the local agricultural
land preservation advisory board; and
(2) When the request is not for
a boundary line adjustment, letters of support from organizations such as the
Soil Conservation Service and Forest Service that can attest to the long-term
productive capabilities of both the proposed agricultural subdivision and the
remaining parcel.
15.15.01.18
A. The
Foundation may accept easements or other rights to restrict the use of
agricultural land and woodland in accord with the criteria and procedures of
this regulation.
B. Criteria.
(1) Agricultural
land and woodland parcels on which easements are accepted shall be:
(a) Primarily
used for the production of food or fiber;
(b) Of such
size, configuration, and natural capability to assure continued economically
viable agricultural production or be located contiguous to other similarly
productive land; and
(c) Land within
the boundaries of a 10-year water and sewerage service district only if the
land is outstanding in productivity and is of significant size.
(2) The
acceptance of an easement by donation, gift, bequest, or grant may not be
contingent upon inclusion of the land in an agricultural preservation district.
C. Procedures
for Acceptance of Easement Donations.
The Foundation shall forward any donation offers to the applicable local
governing body for review and comment.
The Foundation shall determine easement acceptability in accord with the
criteria as provided in §B of this regulation and findings from a field visit
to the property. Further acceptance is
contingent upon a satisfactory legal review.
D. Deed Form.
(1) Donated
easements may be in perpetuity or for a specified term. Special provisions, unique to the land or to the
wishes of the donor, may be incorporated in the easement form for consideration
by the Foundation.
(2) Restrictions.
(a) However,
the restrictions in this subsection are generally applicable to the encumbered
land in any deed for an easement by donation.
(b) Any
agricultural use of the land is permitted.
However, industrial or commercial use is not permitted with the
exception of uses related to the primary processing of agricultural and/or
woodland products and the direct sale of locally produced agricultural and
woodland products to the public.
(c) Subdivision
for residential and commercial purposes is not permitted. However, upon written application to and
approval by the Foundation, conveyance of a lot for the owner and for each of
his children for the purpose of construction of one dwelling intended for his
or their use may be permitted.
(d) The
property may be subdivided only with the written approval of the Foundation.
(e) Signs,
billboards, or outdoor advertising structure may not be displayed on the
property, except that one sign, not exceeding 4 feet by 4 feet, may be
displayed to state the name of the property and the name and address of the
occupant, to advertise an activity permitted above, and to advertise the
property for sale or rental.
(f) No dump of
ashes, sawdust, bark, trash, rubbish, or any other material, except that which
is for regular agricultural use, may be permitted on the property.
(g) Agricultural
lands shall be managed in accordance with sound agricultural and soil and water
conservation practices, in a manner which will not be of significant detriment
to agricultural production capability on the land.
(h) Woodlands
shall be managed in accordance with sound forestry practices, and trees may be
selectively or clear cut from time to time in a manner that will not alter the
character of the land or diminish its productive capability.
(i) The grantee and its representatives, after appropriate notice to
the grantors and any person residing on the property, may enter the property from
time to time for the purpose of inspection and enforcement of the terms of the
easement granted herein. However, the
grantee may not have the right to inspect the interior of any dwelling on the
subject property.
(j) In case of
doubt concerning the appropriateness or permissibility of agricultural or
related uses of encumbered property, the property owner may submit a written
request for consideration and approval of the use to the Board of Trustees of
the Maryland Agricultural Land Preservation Foundation.
15.15.01.19
A. In
determining which applications to approve for the purchase of the easements
offered, the Foundation shall approve only those applications which have
received approval of the applicable local governing body in which the subject
land meets the qualifying criteria of Regulation .03D of this chapter on lands
which are currently within an agricultural preservation district.
B. Approval of
Easement
(1) Ratios of
1.0 or Lower. All applications for the
sale of easements shall be assigned a rank in ascending order with respect to
the proportion obtained by dividing the asking price by the State appraisal
easement value. The resulting rank shall
be the sole criterion for establishing the priority for approved applications
with ratios of 1.0 or lower. If between
two or more landowners, the proportions obtained are equal, the following land
characteristics shall affect the priority of acquisition:
(a) Highest productive
capability;
(b) Greatest
urban pressure; and
(c) Largest
parcel.
(2) Ratios of
Greater than 1.0. All applications for
the sale of easements shall be assigned a point total resulting from the
following easement priority formula.
Applications shall be ranked in descending order of respective point
totals and this shall be the sole criterion for establishing the priority for
the approved applications that include asking price/appraised value ratios
greater than 1.0.
(3) Points. The following points shall be assigned to
soil capability, based on the land classification system as developed by the U.
S. Department of Agriculture, Soil Conservation Service. The following standard priority ranking
system applies to ratios greater than 1.0 if the total district acreage is:
(Maximum 20
Points)
(a) 50 percent
or more Classes I and II -------- 20 points;
(b) 50 percent
or more Classes II and III ------ 16 points;
(c) 50 percent
or more Class III --------------- 12 points;
(d) 50 percent or
more Woodland Group 1 -------- 20 points;
(e) 50 percent
or more Woodland Group 2 -------- 12 points;
(f) Less than
50 percent Class I, II, and III soils or Woodland Groups 1 and 2, but 50
percent or more of the productive area of the district is devoted to
specialized food production such as orchard, vineyard, poultry, livestock, or
other agricultural commodities intended for human consumption which can be
produced on poorer soils without the eventual degradation of the productive
capability of the land; or agricultural land which is otherwise qualified for
district establishment and is comprised predominantly of lower general
capability which was subject to Foundation approval based on documented
productivity ------------------- 12 points;
(g) Less than
50 percent Class I, II, and III soils or Woodland Groups 1 and 2, but 50
percent or more of the productive area of the district is devoted to non-food
production such as nursery, horses, tobacco, or other non-food agricultural
commodities which could be produced on poorer soils without the eventual
degradation of the productive capability of the land------8 points.
(4) Points. The following points shall be assigned based
upon agricultural preservation area and district size (maximum 25 points):
(a) Preservation
area. Agency Note: An agricultural preservation area is the
amount of contiguous land under district agreement which may include separate
ownership and land which is permanently preserved for agriculture through a
county, State, federal, or private organization.
(i) 1,000 acres or larger --- 10 points,
(ii) 500—999
acres --- 8 points,
(iii) 100—499
acres --- 5 points;
(b) District:
(i) 175 acres or larger --- 10 points,
(ii) 100—174
acres --- 8 points,
(iii) 50—99
acres --- 2 points;
(c) If the District
adjoins a district on which a development rights easement has been acquired or
the adjacent land has been permanently preserved for agriculture through
county, State, federal, or private organization --- 5 points.
(5) Points. Points shall be assigned based upon the
threat to the continuance of agriculture.
The following points apply to the percentage of existing or formally
proposed nonagricultural land use acreage within a 1.5 mile radius of the
district (maximum 30 points):
(a) 41—50
percent developed and district is contiguous to the undeveloped portion --- 10
points;
(b) 31—40
percent developed and district is contiguous to the undeveloped portion --- 8
points;
(c) 21—30 percent
developed and district is contiguous to the undeveloped portion --- 6 points;
(d) 10—20
percent developed and district is contiguous to the undeveloped portion --- 4
points;
(e) The
following points apply to the proximity to the county's existing sewer service
or sewer service planned within the next 10 years:
(i) Less than 1 mile --- 15 points,
(ii) 1—2 miles
--- 12 points,
(iii) 2.1—4
miles --- 9 points,
(iv) 4.1—6 miles
--- 6 points;
(f) The
following points apply to the proximity to community or suburban development
areas outside the county's existing or ten year sewer service boundary: Agency Note:
A community or suburban development area is an area of existing and formally
proposed residential development greater than 500 contiguous acres.
(i) Less than 0.5 miles --- 5 points,
(ii) 0.6—1.0
miles --- 4 points,
(iii) 1.1—2.0
miles --- 3 points,
(iv) 2.1—3.0
miles --- 2 points.
(6) Points. The following points apply to the priority
recommendations of local governing bodies for applications based on a formal
objective evaluation process approved by the Foundation (maximum 25 points):
(a) Applications
designated high priority --- 25 points;
(b) Applications
designated medium priority --- 10 points;
(c) Applications
designated low priority --- 5 points.
C. The
Foundation shall only approve those applications that have been approved by the
applicable local government.
15.15.01.20
A. Definitions.
(1) "Total amount to be
allotted" means the amount, as certified by the Comptroller, which remains
in the Maryland Agricultural Land Preservation Fund at the beginning of the
fiscal year after payment of all expenses of the Foundation and the Board of
Trustees during the previous fiscal year, and after subtraction of funds
committed for payment as consideration for easements purchased during previous
fiscal years, and after subtraction of any money remaining in the Fund as a
result of a transfer of local program open space funds.
(2) "General purchases of
easements" means purchases of agricultural land preservation easements in
which the governing body of the county in which the land is located is not
required to make a contribution to the Maryland Agricultural Land Preservation Fund.
(3) "Matching purchases of
easements" means purchases of agricultural land preservation easements in
which the governing body of the county in which the land is located is required
to make a contribution to the Maryland Agricultural Land Preservation Fund of
an amount equal to at least 40 percent of the value of the easement for each
purchase.
(4) "Allotted
purchases" means general or matching purchases made pursuant to offers to
buy tendered by the Foundation on or before January 31 in the first offer cycle
and on or before July 31 in the second offer cycle.
(5) "County" means any
county containing productive agricultural land which is being actively farmed
and which meets the criteria for land on which easements may be purchased.
(6) "Eligible county"
means a county as defined in §A(5) of this regulation which has secured
approval from the Foundation for a local agricultural land preservation program
(applicable only to local matching programs).
B. Sources. The Maryland Agricultural Land Preservation
Fund shall comprise money made available to the fund by general or special fund
appropriations, and money made available to the fund by grants or transfers
from governmental or private sources.
C. Disbursements. The Comptroller of the Treasury may not disburse any money from the Maryland Agricultural Land Preservation Fund ot