15.15.16.02

.02 Eligibility.

A. Definition.

(1) In this regulation, the following term has the meaning indicated.

(2) Term Defined. “Conservation values” means natural habitat for native plant and wildlife species, including, but not limited to, forests, riparian forested areas, wetlands, and greenways to buffer the Chesapeake Bay and its tributaries from pollution runoff.

B. 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 necessary to protect and maintain the agricultural integrity of the farm under the following circumstances:

(1) If it is to service a lot released from the preservation easement restrictions under Agriculture Article, §2-513, Annotated Code of Maryland;

(2) If it is to service a lot or land permitted to be withheld from the agricultural preservation easement at the time of sale of the agricultural preservation easement to the Foundation;

(3) If it is to service an adjacent farm, provided, however, that its use is restricted to the movement of farm equipment or other items associated with farming;

(4) If it is a forest overlay easement that meets the criteria described in COMAR 15.15.13.01 et seq.;

(5) If the overlay easement documents a use existing at the time the agricultural preservation easement was sold to the Foundation;

(6) If the overlay easement serves telephone, television, gas, or other similar utility lines (but not access) to service the easement property or lots created under §A or B in this regulation;

(7) If the overlay easement enhances a public road or bridge for the public health, safety, or welfare, where a minimal amount of land is required for such project, and the grantee of the proposed overlay easement has condemning authority;

(8) If the overlay easement is used to install a utility easement for electricity, telephone, cable, oil, gas, or similar utility and the grantee of the proposed overlay easement has condemning authority;

(9) If the overlay easement is used to create a septic area for an adjoining property which has a failed septic system and there is no other reasonable alternative site or method available;

(10) If failure to grant the overlay easement would result in significant detrimental impact to the conservation values on an adjacent property as determined by the Foundation; or

(11) For any other lawful purpose not listed above, subject to any such further conditions or requirements deemed appropriate by the Foundation’s Board.