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15.15.06.00.htm 15.15.06.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 06 Lot Released from Easement for Landowner or Child Authority: Agriculture Article, §2-504 and 2-513, Annotated Code of Maryland
15.15.06.01.htm 15.15.06.01. 01 Scope.. A. This chapter applies to any lot released by the Foundation to an eligible landowner or landowner's child for the landowner's or landowner's child's use and occupancy on a farm. This chapter describes release procedures and explains when the lot may be conveyed.B. The lots permitted to be released from the deed of easement under this chapter are:. 1) Restricted under the terms of each agricultural land preservation easement; and. 2) Intended only for the
15.15.06.02.htm 15.15.06.02. 02 Definitions.. A. In this chapter, the following terms has the meanings indicated.. B. Terms Defined.. 1) "Child" means the child of an eligible landowner who sold or transferred an agricultural land preservation easement to the Foundation.2) "Dwelling" means the dwelling house, including lot acreage, allowed to be released under Agriculture Article, §2-513, Annotated Code of Maryland, and under the terms of an agricultural land preservation easement, for the u
15.15.06.03.htm 15.15.06.03. 03 Lot Eligibility.. Upon approval and release by the Foundation, only a landowner who sold or transferred an easement to the Foundation or a landowner’s child is eligible to construct a dwelling on a lot on the farm for the bona fide use and occupancy of the landowner or the child.
15.15.06.04.htm 15.15.06.04. 04 Lot Approval and Release.. A. Before a lot may be released from an easement’s restrictions for the construction of a dwelling house, the landowner shall submit a signed application to the Foundation. The application shall include:1) A declaration that the lot and dwelling are for the use only of the landowner or the landowner’s child, whichever is the case;2) If the application is for an owner’s lot and there is more than one landowner, a statement acknowledging that the right to
15.15.06.05.htm 15.15.06.05. 05 Lot Release.. A. Two-Part Release.. 1) After Foundation approval, the release of the lot shall consist of two parts, a preliminary release and a final release, as specified in Agriculture Article, §2-513, Annotated Code of Maryland.2) After receiving payment for the lot, the Foundation will issue a preliminary release which conditionally releases the lot from the terms of the easement.3) The Foundation will issue a final release when the Foundation receives a
15.15.06.06.htm 15.15.06.06. 06 Lot Transfer Restrictions.. A. A landowner or child who has a lot released under the terms of the easement shall occupy the dwelling constructed on the lot and may not convey or lease the improved lot to any person until 5 years after the effective date of the final release. The Foundation may require evidence that the person for whom the lot was released occupies the dwelling for the 5-year period.B. Before the expiration of the 5-year period, the Foundation may only appr
15.15.06.07.htm 15.15.06.07. 07 Easement Violation.. A person who conveys, or receives, a lot in violation of this chapter is in violation of Agriculture Article, Title 2, Subtitle 5, Annotated Code of Maryland, the terms of the agricultural land preservation easement applicable to the farm, and the terms of the applicable release.
15.15.06.9999.htm 15.15.06.9999. Administrative History Effective date:. Regulations .01―06 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435) adopted permanently effective November 6, 2006 (33:22 Md. R. 1733) ―Chapter revised effective July 8, 2013 (40:13 Md. R. 1076).
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