.01-2 Definitions.

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adjoining" means having a common border.

(2) "Agricultural land preservation easement" or "easement" means a negative servitude which restricts a landowner's right to use the land for any commercial, industrial, or residential purpose except as otherwise permitted by Agriculture Article, §2-513, Annotated Code of Maryland.

(3) "Agricultural use" means any use of land which directly contributes to the production, processing, or storage of agricultural products.

(4) "Contiguous" means having a common border.

(5) "Profitable farming feasibility" means the:

(a) Potential for yielding an excess of returns over expenditures through agricultural production and transactions as influenced and determined by productive capability of the subject land;

(b) Existence and proximity of markets for agricultural products; and

(c) Relative profitability of agricultural pursuits on adjacent and nearby lands.

(6) "Severe economic hardship" means:

(a) A state of financial peril of a landowner as evidenced by bankruptcy proceedings;

(b) The results of natural disaster or farm owner/operator disability; or

(c) As determined by the Board of Trustees on a case-by-case basis.