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 Foundation may rely on the recommendation of Foundation staff and the county program administrator. If the Foundation decides to accept a request for an agricultural subdivision, the owners of all of the resulting divided parcels shall submit an application with the documentation required by this chapter. The Foundation shall then determine if the subdivision qualifies for the exception to the subdivision prohibition as provided in this chapter. If the Foundation does not approve the agricultural subdivision, the land shall be restored to its original configuration under the easement.

C. Requirements. An approval of the agricultural subdivision shall require that the owners comply with all of the requirements of this chapter, but, if any of the resulting divided parcels of the subdivision are less than 50 acres, the Foundation may waive the 50-acre requirement if:

(1) At the time of the subdivision:

(a) The Foundationís regulations permitted the resulting divided parcels to be less than 50 acres; or

(b) The subdivision met the requirements of Regulation .04F of this chapter.

(2) The subdivision served an agricultural purpose;

(3) The subdivision enhanced or had no effect upon the agricultural operations being conducted upon the land;

(4) The resulting divided parcels have sustained agricultural production independent of each other from the time of the subdivision;

(5) The resulting divided parcels still meet minimum soils requirements, as provided by COMAR 15.15.01.03D; and

(6) The landowners present evidence satisfactory to the Foundation to make a determination that the resulting divided parcels have sufficient potential to sustain agricultural production independent of each other in the future.