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15.15.16.00.htm 15.15.16.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Chapter 16 Guidelines for Granting Overlay Easements and Rights-of-Way Authority: Agriculture Article, §2-504 and 2-513, Annotated Code of Maryland
15.15.16.01.htm 15.15.16.01. 01 Purpose.. This chapter establishes the criteria and eligibility standards for the approval of overlay easements and rights-of-way on land subject to an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.
15.15.16.02.htm 15.15.16.02. 02 Eligibility.. After a landowner has sold an agricultural preservation easement to the Foundation, the landowner and subsequent landowners 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. The Foundation may permit an easement, right-of-way, or other servitude to be granted in land encumbered by an agricultural preservation easement, subject to conditions it deems
15.15.16.03.htm 15.15.16.03. 03 Conditions of Approval.. The following conditions apply to any overlay easement approved by the Foundation:. A. The proposed overlay easement may not prohibit any agricultural operation within the proposed overlay easement area, unless otherwise approved by the Board;B. The proposed overlay easement shall have minimal interference on the overall farm operation;. C. If the proposed overlay easement is a right-of-way, its width shall be the minimum required by law;
15.15.16.04.htm 15.15.16.04. 04 Application Requirements.. An application to the Foundation for overlay easement approval shall provide the following information:A. A location map outlining the entire property, the overlay easement area, and access to the overlay easement area;B. A draft of the proposed overlay deed of easement (not a generic copy) that shall clearly list all activities that may or may not be permitted;C. If the Foundation requires, the proposed overlay easement form shall inc
15.15.16.05.htm 15.15.16.05. 05 Survey Requirement.. If the Foundation approves the proposed overlay easement, a survey of the overlay easement area, including access, shall be provided to the Foundation for approval before the overlay easement is signed and recorded.
15.15.16.9999.htm 15.15.16.9999. Administrative History Effective date: June 4, 2018 (45:11 Md. R. 580).
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