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 Maryland, has provided a favorable recommendation to have the proposed ARES placed on the farm.
C. Any ARES that will create electricity from wind must satisfy the location and height restrictions provided in Regulation .06 of this chapter.
D. An ARES may not occupy more land than is necessary for its operation and maintenance, but in any case, the ARES may not occupy more than 5 percent or 5 acres, whichever is less, of the easement area. Permanent roads or structures necessary to operate and maintain the ARES are subject to the area restriction provided in this subsection. For any ARES conducting anaerobic digestion, the area restriction provided in this subsection shall also apply to effluent storage areas that are created to serve the ARES. Pre-existing effluent storage areas are not subject to the area restriction provided in this subsection.
E. The area designated for an approved ARES on a farm shall constitute one contiguous area and may not constitute multiple areas on the farm, unless the Foundation approves otherwise based on sufficient justification provided by the applicant.
F. An ARES may not interfere significantly with any agricultural use of the farm as determined by the Foundation in Regulation .05 of this chapter.
G. An ARES may not violate any federal, State, or local restrictions applicable to the funds used by the Foundation to purchase the easement.
H. If an ARES generates electricity by anaerobic digestion, a majority of the raw materials used to generate electricity from the ARES shall originate from the farm subject to the easement.
I. If an ARES generates electricity by anaerobic digestion, the ARES shall use only poultry litter or livestock manure.
J. If an ARES generates electricity by anaerobic digestion, the ARES shall be located on fallow land.
K. The farm owner and the ARES owner shall agree to make any ARES available for inspection by the Foundation during normal business hours (9 a.m. to 5 p.m., Monday through Friday, except federal and State holidays).
L. The Foundation may approve no more than one type of ARES for any farm, unless the Foundation approves otherwise based on sufficient justification provided by the applicant. If the Foundation approves more than one type of ARES for any farm, the area restriction of Regulation .03D of this chapter shall not be increased to account for multiple ARES.