Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.14 - Renewable Energy Generation Facilities Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.14.03 - Eligibility Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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. Preexisting 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.