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15.15.14.00.htm 15.15.14.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 14 Renewable Energy Generation Facilities Approval for a Farm Subject to an Agricultural Land Preservation Easement Authority: Agriculture Article, §2-504 and 2-513, Annotated Code of Maryland
15.15.14.01.htm 15.15.14.01. 01 Scope.. This chapter explains the Foundation’s criteria to approve an authorized renewable energy source (ARES) for commercial profit on a farm subject to an agricultural land preservation easement. The Foundation may only accept applications to approve an ARES on a farm subject to an agricultural land preservation easement before June 30, 2018. The Foundation may not approve any ARES on a farm subject to an agricultural land preservation easement after June 30, 2019.
15.15.14.02.htm 15.15.14.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Authorized renewable energy source, or “ARES” means the following energy sources to generate electricity for commercial profit:a) Solar;. b) Wind;. c) Anaerobic digestion of poultry litter so long as the facility is placed on fallow land; and. d) Anaerobic digestion of livestock manure so long as the facility is placed on fallow land..
15.15.14.03.htm 15.15.14.03. 03 Eligibility Requirements.. The Foundation may not approve an application to place an ARES on land subject to an easement, unless all of the following conditions are satisfied as to the proposed ARES.A. The ARES shall conform to all federal, State, and local laws, statutes and ordinances, unless such laws, statutes and ordinances are pre-empted by other law.B. The local agricultural preservation advisory board established under Agriculture Article, §2-504.1, Annotated Code of Mary
15.15.14.04.htm 15.15.14.04. 04 Application Requirements.. A farm owner shall submit a complete request to approve an ARES on a form approved by the Foundation no later than June 30, 2018. Each application submitted to the Foundation shall be complete and shall be signed by all farm owners and include all of the following:A. A written statement providing:. 1) The nature of the proposed ARES;. 2) The name and contact information of the owner or operator of the proposed ARES, if owned or opera
15.15.14.05.htm 15.15.14.05. 05 Application Evaluation Criteria.. The Foundation shall review each ARES application on a case-by-case basis to determine whether the proposed ARES complies with the requirements of this chapter for approval. In addition to the eligibility factors provided in Regulation .03 of this chapter, the Foundation shall also consider the following factors to determine whether the proposed ARES interferes significantly with any agricultural use of the farm.A. The proposed ARES may
15.15.14.06.htm 15.15.14.06. 06 Wind Turbine Restrictions.. An ARES that generates electricity from wind may not be located in an area where the wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station. The following map identifies areas of the State, measured from the Reference Point on the Patuxent River Naval Air Station as defined by Agriculture Article, §2-513(c)1)III) Annotated Code of Maryland, where wind turbines are restricted by height or otherwi
15.15.14.07.htm 15.15.14.07. 07 Modifications to Foundation Approved ARES.. After the Foundation approves an ARES on a farm, the farm owner may need to modify the terms and conditions of the Foundation’s approval to satisfy federal, State, or local requirements. If the farm owner seeks to modify the terms and conditions of the Foundation’s approval for an ARES, the following process shall apply.A. The farm owner shall apply to the Foundation to request the desired modifications to the approved ARES.
15.15.14.08.htm 15.15.14.08. 08 Required Recording Agreement.. If the Foundation approves an ARES on a farm, the farm owner and the Foundation shall execute a recording agreement, to be recorded among the appropriate land records, that states the duties and obligations between the parties, consistent with the requirements of this chapter. The recording agreement shall run with the land and bind all future owners of the farm. An approved ARES may not be constructed on a farm until a recording agreement is rec
15.15.14.09.htm 15.15.14.09. 09 Easement Amendment to Authorize an ARES.. A. The Foundation may amend the terms of an easement approved by the Board of Public Works before June 30, 2014 to authorize an ARES on the farm if:1) The Foundation approves an application for an ARES on a farm in accordance with the requirements of this chapter; and2) The farm owner agrees to pay the cost of all title work, title insurance premiums, surveys, and documents necessary to complete the easement amendment;
15.15.14.10.htm 15.15.14.10. 10 Assessment of Costs and Fees.. A. Easement Amendment Costs. The Foundation shall assess and the farm owner shall agree to pay the costs of amending an agricultural land preservation easement approved for purchase by the Board of Public Works prior to June 30, 2014 in a manner that permits the uses allowed by this chapter. The costs shall be determined on a case-by-case basis.B. Monitoring and Enforcement Fees. If the Foundation approves an ARES for a farm, the Foundation sh
15.15.14.11.htm 15.15.14.11. 11 Required Lease Payments to the Foundation.. A. If an ARES owner enters into a facility agreement with a farm owner, the ARES owner shall annually pay the Foundation 5 percent of any payment made to the farm owner as a result of a facility agreement. The payments required under this regulation shall be pro-rated for any partial year in which payments are made to the farm owner as a result of a facility agreement. Any facility agreement between an ARES owner and a fa
15.15.14.12.htm 15.15.14.12. 12 Required Removal of ARES and Bond Requirement.. A. If an ARES is scheduled to stop operations, the farm owner and the ARES owner or operator shall notify the Foundation, in writing, no less than 30 days prior to the date when the ARES will cease to operate.B. If the ARES owner enters into a facility agreement with the farm owner, the facility agreement shall require the ARES owner to remove all materials related to an ARES within 180 days of the last operation date of the ARES.
15.15.14.13.htm 15.15.14.13. 13. Violations.. A. A farm owner who violates any federal, State, or local laws regarding the operation of an ARES is in violation of the easement and is subject to civil penalties under Agriculture Article, §2-519, Annotated Code of Maryland.B. A farm owner who violates the Foundation’s approval conditions for an ARES is in violation of the easement and is subject to all legal remedies available to the Foundation to enforce the terms of the easement, including ci
15.15.14.9999.htm 15.15.14.9999. Administrative History Effective date: June 6, 2016 (43:11 Md. R. 635).
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