MD. Agriculture Code Ann. §  2-509 (2021)
2021 Maryland Statutes|Agriculture|Title 2 - Department of Agriculture|Subtitle 5 - Maryland Agricultural Land Preservation Foundation|Section 2-509 - Foundation Regulations and Procedures for Sale of Easements

    (a)    (1)    The Foundation shall follow the provisions under this section for the easement application process.        (2)    The Foundation shall adopt regulations and procedures for:            (i)    Evaluation of land for which application is made to sell an easement; and            (ii)    Purchase of easements, including the purchase of easements under an installment purchase agreement.    (b)    Regulations and procedures adopted by the Foundation for the purchase of easements shall provide that:        (1)    One or more owners of land actively devoted to agricultural use may file an application with the county governing body requesting the purchase of an easement by the Foundation on the land owned by the applicants. The application shall include maps and descriptions of the current use of land for the proposed easement, and any other information required by the Foundation to evaluate the land for purchase of an easement.        (2)    Upon receipt of an application to purchase an easement the local governing body shall refer the application and accompanying materials both to the agricultural preservation advisory board and to the county planning and zoning body.            (i)    After the referral of an application, the agricultural preservation advisory board shall advise the county governing body as to whether or not the land for the proposed easement meets the qualifications established by the Foundation under subsection (d) of this section, and whether or not the advisory board recommends the purchase of the easement.            (ii)    In making its recommendation, the county agricultural preservation advisory board shall:                1.    Take into consideration criteria and standards established by the Foundation under this subtitle, current local regulations, local patterns of land development, the kinds of development pressures currently existing on the land for the proposed easement, State smart growth goals, and any locally established priorities for the preservation of agricultural land; and                2.    Recommend for ranking any application that qualifies and meets the priorities established by the county governing body for the preservation of agricultural land.            (iii)    After the referral of an application, the county planning and zoning body shall advise the local governing body as to whether or not the purchase of the easement is compatible with existing and approved county plans and overall county policy, and whether or not the planning and zoning body recommends the purchase of the easement.        (3)    If either the agricultural preservation advisory board or the planning and zoning body recommends approval, the county governing body shall hold a public hearing on the application for the proposed easement. Adequate notice of the hearing shall be given to all owners whose land would be encumbered by the proposed easement and all owners whose land is contiguous to the land for the proposed easement.        (4)    In deciding whether to approve the application, the county governing body shall receive the recommendation of the county agricultural preservation advisory board established under § 2–504.1 of this subtitle.        (5)    (i)    After the receipt of the application and the recommendations of the agricultural preservation advisory board and the county planning and zoning body, the county governing body shall render a decision as to whether or not the application shall be recommended to the Foundation for approval.            (ii)    If the county governing body decides to recommend approval of the application, it shall notify the Foundation and forward to the Foundation:                1.    The application and all accompanying materials, including the recommendations of the advisory board and county planning and zoning body;                2.    A ranking of all applications based on:                A.    The county governing body’s locally established priorities as approved by the Foundation, which for purposes of enhancing competitive bidding may include a system that ranks properties in ascending order with respect to the proportion obtained by dividing the asking price by the value of the easement; and                B.    Guidelines adopted by the Foundation under subsection (d) of this section; and                3.    A statement of the total current development rights on the land for the proposed easement, which shall include the total number of development rights that have been subdivided or transferred.            (iii)    If the county governing body recommends denial of the application, it shall inform the Foundation and the applicants.    (c)    Regulations and procedures adopted by the Foundation for the purchase and monitoring of easements may not require, in Garrett County or Allegany County, a natural gas rights owner or lessee to subordinate its interest to the Foundation’s interest if the Foundation determines that exercise of the natural gas rights will not interfere with an agricultural operation conducted on land subject to an easement.    (d)    Regulations and criteria developed by the Foundation relating to land which may be considered for purchase of an easement shall provide that:        (1)    Subject to item (2) of this subsection, land shall meet productivity, acreage, and locational criteria determined by the Foundation to be necessary for the continuation of farming;        (2)    As long as all other criteria are met, land that is at least 50 acres in size or is contiguous to other permanently preserved land shall qualify for purchase of an easement;        (3)    The Foundation shall attempt to preserve the minimum number of acres which may reasonably be expected to promote the continued availability of agricultural suppliers and markets for agricultural goods;        (4)    Land within the boundaries of a 10–year water and sewer service district may be considered for purchase of an easement only if that land is outstanding in productivity and is of significant size;        (5)    Land may be considered for purchase of an easement only if the county regulations governing the land permit the activities listed under § 2–513(a) of this subtitle; and        (6)    Land be evaluated for:            (i)    Location in a priority preservation area of the county;            (ii)    Soil and other land characteristics associated with agricultural and silvicultural productivity;            (iii)    Agricultural and silvicultural production and contribution to the agricultural and silvicultural economy; and            (iv)    Any other unique county considerations that support the goals of the program.