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34.03.03.00.htm 34.03.03.00. Title 34 DEPARTMENT OF PLANNING Subtitle 03 LAND USE Chapter 03 Certification of County Agricultural Land Preservation Programs Authority: Agriculture Article, §2-103(b) and 2-518; State Finance and Procurement Article, §5-203(b)2) and 5-408; Tax-Property Article, §3-306; Annotated Code of Maryland
34.03.03.01.htm 34.03.03.01. 01 Purpose.. This chapter describes the procedures and requirements of the Maryland Department of Planning and the Maryland Agricultural Land Preservation Foundation for certifying county agricultural land preservation programs to use State and local funds.
34.03.03.02.htm 34.03.03.02. 02 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) "Certification period" means the period of time during which a county is certified to retain and receive additional agricultural land transfer tax revenues as a result of certification of the county program.2) "County" means a county of the State or Baltimore City.. 3) "County agricultural preservation advisory board" means a board established by a county under Agr
34.03.03.03.htm 34.03.03.03. 03 Goals.. The goals of certification of county programs are to:. A. Maintain the positive economic contribution of agriculture and the important role of farming in creating a high quality environment in Maryland;B. Encourage the development of county agricultural land preservation programs which:. 1) Complement the ability of the Maryland Agricultural Land Preservation Foundation to preserve viable agricultural land; and2) Make agricultural land preservation part of an
34.03.03.04.htm 34.03.03.04. 04 Eligible Applicants.. A county may apply to the Department and the Foundation for certification of a county program..
34.03.03.05.htm 34.03.03.05. 05 Eligible Programs.. A county program is eligible for certification by the Department and the Foundation if:. A. The county agricultural preservation advisory board, the county office of planning, or the county planning commission, as designated by the county, and the governing body of the county have approved:1) The county program as an effective approach to agricultural land preservation; and. 2) The application for certification of the county program;. B. The county has establi
34.03.03.06.htm 34.03.03.06. 06 Priority Preservation Area Certification.. To certify a priority preservation area under Regulation .05 of this chapter, the Department and the Foundation shall determine that:A. The priority preservation area element of the county's local plan includes a priority preservation area element as prescribed under Regulation .05H of this chapter;B. The area meets the requirements of Regulation .05H(1)a)c) of this chapter;. C. The size of the area is appropriate in relation
34.03.03.07.htm 34.03.03.07. 07 Application Process.. A. An application shall be submitted to both the Department and the Foundation on a form prescribed by the Department and the Foundation.B. The Department and the Foundation shall review a complete application, and each determine whether the application should be approved, approved with conditions, or disapproved.C. Within 45 days after receipt of an application, the Foundation shall notify the Department whether the Foundation has appr
34.03.03.08.htm 34.03.03.08. 08 Certification Period.. Certification of a county program is effective for 3 years from the date the Department notifies the county that the county application has been approved, or from the date the county notifies the Department, and the Department confirms to the county in writing, that all conditions for approval have been met. If a county has submitted the second annual report which serves as the county's application for recertification of the county program requir
34.03.03.09.htm 34.03.03.09. 09 Effect of Certification.. A. If a county program is certified, the county is eligible for:. 1) Funds that are available to counties as additional funds under Agriculture Article, §2-508.1, Annotated Code of Maryland, and Tax-Property Article, §13-306, Annotated Code of Maryland, solely because the county program is certified under Regulation .07, or recertified under Regulation .11 of this chapter; and2) As of July 1, 2008, funds provided for the Foundation over and above the
34.03.03.10.htm 34.03.03.10. 10 Reporting Requirements.. A. Annual Reports.. 1) During the certification period, the county shall submit two written annual reports to the Department and the Foundation.2) The first report is due on October 1 following completion of the first full fiscal year of the certification period, except as extended by the Department for reasonable cause.3) The second report is due on October 1 following completion of the second full fiscal year of the certification period, exc
34.03.03.11.htm 34.03.03.11. 11 Recertification.. A. A county that has received certification of a county program may apply for recertification of the county program. The second annual report submitted in compliance with Regulation .10 of this chapter shall serve as the county's application for recertification.B. A county program may be recertified only if:. 1) During the period of certification, the county:. a) Has maintained a successful program of purchase of development rights or financial enhancements r
34.03.03.12.htm 34.03.03.12. 12 Counties Certified Before July 1, 2008.. A. A county certified or recertified before July 1, 2008, may apply for recertification under this chapter.B. The Department and the Foundation may conditionally recertify a county under this regulation if they do not meet the requirements of Regulations .05H and .06 of this chapter, if the Department and Foundation determine that the county's program development strategy is likely to result in a priority preservation area and a
34.03.03.9999.htm 34.03.03.9999. Administrative History Effective date:. Regulations .01―10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421) emergency status expired February 1, 1991Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452). Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452). Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452). Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452).
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