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15.15.01.00.htm 15.15.01.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 01 Guidelines for the Maryland Agricultural Land Preservation Program Authority: Agriculture Article, §2-504, 2-509, and 2-513, Annotated Code of Maryland
15.15.01.01.htm 15.15.01.01. 01 General.. 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 an
15.15.01.01-1.htm 15.15.01.01-1. 01-1 Program Summary.. 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 Fou
15.15.01.01-2.htm 15.15.01.01-2. 01-2 Definitions.. 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" mea
15.15.01.02.htm 15.15.01.02. 02 Agricultural Preservation Advisory Boards.. 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 landowneC. Agricultural preservation advisory boards shall have the following responsibilities and duties:.
15.15.01.03.htm 15.15.01.03. 03 Agricultural Preservation Districts.. 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
15.15.01.04.htm 15.15.01.04. 04 Termination and Alteration of Districts.. 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 o
15.15.01.05.htm 15.15.01.05. 05 Application to Sell Agricultural Land Preservation Easement.. 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
15.15.01.06.htm 15.15.01.06. 06 Maximum Number of Applications.. 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.htm 15.15.01.07. 07 Date on Which the Foundation Shall Receive Applications.. 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.htm 15.15.01.08. 08 Notice to Landowner of Receipt and Sufficiency of Application to Sell.. 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 applic
15.15.01.09.htm 15.15.01.09. 09 Approval or Disapproval of Application by County Governing Body.. 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.
15.15.01.10.htm 15.15.01.10. 10 Value of Easement.. 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
15.15.01.11.htm 15.15.01.11. 11 Rejection of Foundation's Offer.. 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 t
15.15.01.12.htm 15.15.01.12. 12 Land Subject to Mineral Rights.. A. Unless a property owner either releases or subordinates its mineral or material extraction rights interest to the Foundation's interest under the easement, the Foundation may not acquire an easement on a farm that is subject to mineral rights or a right to extract sand and gravel, shale, limestone, crude petroleum and natural gas, clay, ceramic, and fertilizer minerals and deep-mined minerals, including bituminous coal.B. The Foundation may acc
15.15.01.13.htm 15.15.01.13. 13 Tender of Offer to Buy After Approval of Application.. 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.htm 15.15.01.14. 14 Time of Tender; Acceptance or Rejection.. 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.
15.15.01.15.htm 15.15.01.15. 15 Schedule of Payment.. 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 s
15.15.01.16.htm 15.15.01.16. 16 Notice of Rejection of Application; Reapplication.. 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 s
15.15.01.17.htm 15.15.01.17. 17 Use of Land on Which an Easement is Purchased.. A. Provisions to be Included in Easement and County Regulations. Agricultural land preservation easements may be purchased for land in agricultural use which meets the qualifying criteria established under Regulation .03D of this chapter if the easement and county regulations governing the use of the land include the following provisions:1) Any agricultural use of land is permitted;. 2) Operation of machinery
15.15.01.18.htm 15.15.01.18. 18 Repealed..
15.15.01.19.htm 15.15.01.19. 19 Acceptance of Easements by Donation, Gift, Bequest, or Grant.. 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
15.15.01.20.htm 15.15.01.20. 20 Determination by Foundation of Applications To Be Approved.. 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 Sale Applications..
15.15.01.21.htm 15.15.01.21. 21 Maryland Agricultural Land Preservation Fund and Local Funds.. 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 previo
15.15.01.22.htm 15.15.01.22. 22 Local Matching Programs of Agricultural Land Preservation.. A. The Foundation may approve a local matching program of agricultural land preservation, provided that:1) The county agrees to make payments up to a specified and Foundation-approved aggregate amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent of the value of an easement acquired by the Foundation as a result of a matching allotted purchase made during the ensuing fiscal year;
15.15.01.9999.htm 15.15.01.9999. Administrative History Effective date: January 12, 1979 (6:1 Md. R. 19). Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662). Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963) August 27, 1984 (11:17 Md. R. 1493) March 25, 1985 (12:6 Md. R. 597)Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662). Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963). Regulation .04B amended as an emergency provision effective June 6, 1984 (1
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