The following conditions apply to any overlay easement approved by the Foundation:
A. The proposed overlay easement may not prohibit any agricultural operation within the proposed overlay easement area, unless otherwise approved by the Board;
B. The proposed overlay easement shall have minimal interference on the overall farm operation;
C. If the proposed overlay easement is a right-of-way, its width shall be the minimum required by law;
D. When considering an overlay easement request, the Foundation shall consider thelegislative intent as provided in Agriculture Article, §2-501, Annotated Code of Maryland; and
E. The Foundation may require any other conditions it considers appropriate on a case-by-case basis when approving any particular overlay easement proposal, including other conditions required by law or regulation.