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15.15.12.00.htm 15.15.12.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 12 Agricultural Subdivision Authority: Agriculture Article, §2-504, 2-509, and 2-513, Annotated Code of Maryland
15.15.12.01.htm 15.15.12.01. 01 Scope.. This chapter explains the policy of the Maryland Agricultural Land Preservation Foundation to regulate the subdivision of land encumbered by an agricultural land preservation easement, including the criteria, eligibility, and procedure for the approval of an agricultural subdivision of a farm.
15.15.12.02.htm 15.15.12.02. 02 Purpose.. All of the land subject to an agricultural land preservation easement acquired by the Foundation is considered to be one parcel of land even if the total acreage comprises separately described parcels or government-assigned tax parcels or accounts. Common ownership of parcels constituting the farm fulfills the legislative intent to protect the future productivity and profitability of Maryland farms. To preserve the integrity of easement land, agr
15.15.12.03.htm 15.15.12.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Agricultural purpose” means the use of land to:. a) Provide sources of food and fiber; or. b) Produce, process, or store agricultural products.. 2) "Agricultural subdivision” means a division of land for an agricultural purpose.. 3) “Corrective easements" means a modification to an existing easement to create two or more separately enforceable easements.
15.15.12.04.htm 15.15.12.04. 04 Subdivision Prohibition.. A. Prohibition. Except as approved by the Foundation as provided by this chapter and in COMAR 15.15.01.17C. and 15.15.06.01—06, a landowner may not subdivide land encumbered by an easement, including the movement of interior boundary lines, or transfer or cause to be transferred, any part or parts separately from the total acreage of the land, voluntarily, involuntarily, by testamentary disposition, or by reason of foreclosure or bankruptcy.
15.15.12.05.htm 15.15.12.05. 05 Previously Unapproved Subdivision.. A. Violation. The subdivision of land without Foundation approval is an easement violation.. B. Procedure. Upon discovery of an unapproved subdivision, the Foundation may either require that the land be restored to its original configuration or it may consider accepting a subdivision request from the owners of all of the resulting divided parcels. In its consideration of whether to accept a request for agricultural subdivision, the Foundat
15.15.12.06.htm 15.15.12.06. 06 Agricultural Subdivision Application Procedure.. Before the Foundation may consider a request for an agricultural subdivision, a landowner shall submit the following:A. An application, completed and signed by each titled landowner to all of the land encumbered by the easement, which addresses the criteria in Regulation .04 of this chapter;B. An unmarked copy of the tax map or boundary survey which outlines the entire easement land;.
15.15.12.07.htm 15.15.12.07. 07 Requirements upon Approval.. A. A landowner may not proceed with plans pursuant to the approval until the corrective easements have been recorded among the land records in the county in which the land is situated, unless the Foundation issues a letter permitting the landowner to proceed.B. If the Foundation approves the request, then the landowner:. 1) Shall submit to the Foundation, 10 copies of a survey plat, signed and sealed by a surveyor registered in the State of Mar
15.15.12.9999.htm 15.15.12.9999. Administrative History Effective date:. Regulations .01―07 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788) adopted permanently effective August 8, 2011 (38:16 Md. R. 945)Regulation .04F amended effective September 1, 2014 (41:17 Md. R. 971). Regulation .05C amended effective September 1, 2014 (41:17 Md. R. 971). Regulation .07C adopted effective September 1, 2014 (41:17 Md. R. 971).
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