reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.13 - Guidelines for Forest Easement Overlays › Section 15.15.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Afforestation" means the establishment
				of tree cover on an area from which it has always or very long been absent, or
				the planting of open areas which are not presently in forest cover, as defined
				by Natural Resources Article, §
										5-1601, Annotated
				Code of Maryland.
(2) Forest.
(a) "Forest", as defined by Natural Resources
				Article, §
											5-1601, Annotated
				Code of Maryland, means a biological community dominated by trees and other
				woody plants covering a land area of 10,000 square feet or greater.
(b) "Forest" includes:
(i) Areas that have at least 100 trees per
				acre with at least 50 percent of those trees having a 2-inch or greater
				diameter at 4.5 feet above the ground and larger; and
(ii) Forest areas that have been cut but not
				cleared.
(c) "Forest"
				does not include orchards.
(3) "Forest easement overlay" means a
				perpetual restriction placed on an existing Foundation easement property to
				create, restore, or preserve forest, whether for current tax or other
				incentives, to bank credits under a forest mitigation banking plan, or to meet
				requirements prescribed by the State or local authority to mitigate activities
				elsewhere on the property consistent with the agricultural land preservation
				easement held by the Foundation.
(4) "Forest mitigation" means the process by
				which the environmental impact of various development activities, from road
				construction to residential housing, is mitigated or offset by the restoration,
				enhancement, creation, or retention of forested land elsewhere, as required by
				the Maryland Forest Conservation Act of 1991, Natural Resources Article,
				§§
										5-1601"5-1613,
				Annotated Code of Maryland.
(5)
				"Forest mitigation banking" means the intentional restoration or creation of
				forests undertaken expressly for the purpose of providing credits for
				afforestation or reforestation requirements with enhanced environmental
				benefits from future activities, as defined by Natural Resources Article,
				§
										5-1601, Annotated
				Code of Maryland.
(6) "Forest
				stewardship plan" or "forest management plan" means a plan prepared by a
				Maryland-licensed professional forester designed to manage land for productive,
				sustainable woodland purposes.
(7)
				"Resource conservation purpose" means to preserve soil and natural resources,
				reduce sediment and nutrient runoff, or improve air and water quality through
				the implementation of one or more best management practices.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.13 - Guidelines for Forest Easement Overlays › Section 15.15.13.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible
				for consideration by the Foundation, a proposal for a forest easement overlay
				shall meet the requirements of a State or local forest conservation program, be
				approved by the applicable county's planning authority, and be recommended by
				the county's agricultural land preservation advisory board.
B. To be eligible for consideration by the
				Foundation, a proposal for a forest easement overlay shall be limited to 10
				acres, or 10 percent of the total easement acreage, whichever is smaller,
				unless the Foundation determines otherwise. To be eligible, a forest easement
				overlay shall allow prescribed harvests.
C. A forest easement overlay for mitigation
				purposes shall offset development inside a priority funding area only, with the
				exception of mitigation required by a Foundation-approved lot release on the
				same easement property as described in §E of this regulation. Proposals
				for forest mitigation banking shall establish a reporting mechanism to the
				county and the Foundation for ensuring that credits, when taken, offset
				development in a priority funding area.
D. Resource Conservation.
(1) A forest easement overlay shall serve a
				legitimate resource conservation purpose under a soil conservation and water
				quality plan or forest stewardship plan.
(2) The proposed forest easement overlay
				shall:
(a) Contribute substantially to good
				land and environmental resource stewardship on the farm;
(b) Be an appropriate best management
				practice (BMP) to achieve the resource conservation objectives for the farm,
				based on Natural Resources Conservation Service (NRCS) standards and
				estimates;
(c) Be included in the
				soil conservation and water quality plan and a forest stewardship or management
				plan for the farm; and
(d) Permit
				sustainable forest stewardship practices, including prescribed
				harvests.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.13 - Guidelines for Forest Easement Overlays › Section 15.15.13.04 - County Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the Foundation may consider a
				proposal for a forest easement overlay, applicants shall first submit the
				following information to their county program administrator:
(1) A current soil conservation and water
				quality plan, developed by the local soil conservation district, that describes
				the resource conservation purpose served;
(2) For properties with 25 acres or more in
				contiguous woodland or where required by an underlying easement, a forest
				stewardship plan or forest management plan, developed within the past 10 years
				by a Maryland-licensed forester, which provides for sustainable forest
				stewardship and management practices, including prescribed harvests;
(3) If a soil conservation and water quality
				plan is not required because the property is 100 percent woodland, proof of a
				forest stewardship plan or forest management plan, developed within the last 10
				years by a Maryland-licensed professional forester, describing the resource
				conservation purpose served; and
(4) A completed Foundation application,
				including an assessment of the following criteria:
(a) The restrictions that would be imposed on
				the current and future production options for the land;
(b) The potential effect of the forest
				easement on the ability of subsequent owners of the land to conduct profitable
				activities on the land;
(c) The
				amount of land proposed for forest easement;
(d) The productivity of the soil or soils;
				and
(e) The resource conservation
				purpose being served.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.13 - Guidelines for Forest Easement Overlays › Section 15.15.13.05 - Foundation Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receiving a completed proposal from
				the county program administrator, the Foundation staff shall:
(1) Review the proposal for
				completeness;
(2) Submit the
				proposal to the Maryland Department of Agriculture's Office of Resource
				Conservation for a written opinion on the appropriateness of the forest
				easement overlay proposal;
(3)
				Submit the proposal, if it involves mitigation, to the Maryland Department of
				Planning for a written statement indicating whether the development to be
				facilitated by the forest mitigation is in a priority funding area, is
				consistent with the local comprehensive plan and State planning policy, and is
				not likely to encourage or support substantial further development in areas the
				Foundation is attempting to preserve; and
(4) Submit the complete proposal and staff
				recommendation to the Foundation's Board of Trustees.
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 15.15.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter explains the Foundation's criteria to approve an
				  authorized renewable energy source (ARES) for commercial profit on a farm
				  subject to an agricultural land preservation easement. The Foundation may only
				  accept applications to approve an ARES on a farm subject to an agricultural
				  land preservation easement before June 30, 2018. The Foundation may not approve
				  any ARES on a farm subject to an agricultural land preservation easement after
				  June 30, 2019.
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 15.15.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Authorized renewable energy source," or
				"ARES" means the following energy sources to generate electricity for
				commercial profit:
(a) Solar;
(b) Wind;
(c) Anaerobic digestion of poultry litter so
				long as the facility is placed on fallow land; and
(d) Anaerobic digestion of livestock manure
				so long as the facility is placed on fallow land.
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 15.15.14.04 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A farm owner shall submit a complete request to approve an
				  ARES on a form approved by the Foundation no later than June 30, 2018. Each
				  application submitted to the Foundation shall be complete and shall be signed
				  by all farm owners and include all of the following:
A. A written statement providing:
(1) The nature of the proposed
				ARES;
(2) The name and contact
				information of the owner or operator of the proposed ARES, if owned or operated
				by any person or entity other than the farm owner;
(3) The basis for determining that the
				proposed ARES will not interfere significantly with any agricultural use of the
				farm;
(4) The method the farm owner
				or ARES owner will use to satisfy the bond requirement provided in Regulation
				.12 of this chapter;
(5) The method
				the farm owner or ARES owner will use to comply with existing soil and water
				conservation plans and forest stewardship plans while the ARES is being
				constructed, installed or operated;
(6) An acknowledgment that the farm owner and
				ARES owner agree to comply with all licensing and regulatory requirements to
				operate any proposed ARES; and
(7)
				An acknowledgment that the farm owner and ARES owner agree to allow the
				Foundation's representatives to inspect the ARES and any related records during
				normal business hours (9 a.m. to 5 p.m., Monday through Friday, except federal
				and State holidays);
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 15.15.14.05 - Application Evaluation Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
The Foundation shall review each ARES application on a
				  case-by-case basis to determine whether the proposed ARES complies with the
				  requirements of this chapter for approval. In addition to the eligibility
				  factors provided in Regulation .03 of this chapter, the Foundation shall also
				  consider the following factors to determine whether the proposed ARES
				  interferes significantly with any agricultural use of the farm.
A. The proposed ARES may not conflict with
				the terms of the deed of easement applicable to the farm, including but not
				limited to the following:
(1) The area
				approved for any ARES may not be subdivided from the farm, unless such area is
				part of an agricultural subdivision approved by the Foundation pursuant to
				COMAR 15.15.12; and
(2) The ARES
				may not have a detrimental impact on drainage, flood control, erosion control,
				forest stewardship, water conservation or soil conservation on the
				farm.
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 15.15.14.06 - Wind Turbine Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
An ARES that generates electricity from wind may not be
				  located in an area where the wind turbines could create Doppler radar
				  interference for missions at the Patuxent River Naval Air Station. The
				  following map identifies areas of the State, measured from the Reference Point
				  on the Patuxent River Naval Air Station as defined by Agriculture Article,
				  §
									2-513(c)(1)
				  (III), Annotated Code of Maryland, where wind turbines are restricted by height
				  or otherwise prohibited on a farm. A wind turbine located on a farm shall not
				  exceed the specified height above ground level in the areas specifically
				  described in Agriculture Article, §
									2-513(c)(5),
				  Annotated Code of Maryland.
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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 15.15.14.07 - Modifications to Foundation Approved ARES

Current through Register Vol. 51, No. 14, July 12, 2024
After the Foundation approves an ARES on a farm, the farm
				  owner may need to modify the terms and conditions of the Foundation's approval
				  to satisfy federal, State, or local requirements. If the farm owner seeks to
				  modify the terms and conditions of the Foundation's approval for an ARES, the
				  following process shall apply.
A. The
				farm owner shall apply to the Foundation to request the desired modifications
				to the approved ARES.
B. Foundation
				staff shall review the proposed modifications to the approved ARES and may
				either approve or deny the proposed modifications administratively. Foundation
				staff may recommend that the Foundation Board of Trustees consider and decide
				upon any proposed modification to an approved ARES.
C. If the farm owner disagrees with a staff
				administrative decision regarding desired modifications to the approved ARES,
				the farm owner may petition the Foundation Board of Trustees to consider the
				desired modifications. The Foundation Board of Trustees may grant or deny such
				petition.
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 15.15.14.08 - Required Recording Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
If the Foundation approves an ARES on a farm, the farm owner
				  and the Foundation shall execute a recording agreement, to be recorded among
				  the appropriate land records, that states the duties and obligations between
				  the parties, consistent with the requirements of this chapter. The recording
				  agreement shall run with the land and bind all future owners of the farm. An
				  approved ARES may not be constructed on a farm until a recording agreement is
				  recorded in the appropriate land records. The recording agreement shall, at a
				  minimum, include the following terms and conditions:
A. The construction, installation, and
				operation of the ARES shall take place only within the area approved by the
				Foundation and shall be conducted to ensure that the land can readily be
				returned to active agriculture use after the ARES is removed;
B. Site disturbance, land clearing, grading,
				top soil removal, subsoil removal, and soil compactions are allowed only if
				necessary to construct, install, operate, or maintain the ARES;
C. Topsoil from the approved ARES site may
				not be removed from the farm but shall be spread or stockpiled elsewhere on the
				farm as approved by the Foundation and consistent with a farm's approved
				conservation plan;
D. The use of
				concrete, asphalt, or other impervious surface material on the farm is
				prohibited within the approved ARES area except to mount wind turbines, solar
				panels, and any necessary associated equipment, or to construct and operate an
				anaerobic digestion facility or any system components;
E. The use of existing roadways to provide
				access to the ARES shall be maximized to avoid constructing new onsite
				roadways;
F. New permanent roadways
				on the farm to serve the ARES shall use gravel or other pervious material to
				minimize soil disturbance, water runoff, and soil compaction on the farm, and
				shall meet the following conditions:
(1) Such
				roadways shall be the minimum width necessary to accommodate construction
				traffic;
(2) Such roadways shall be
				no greater than 16 feet wide;
(3)
				If such roadways cross agricultural fields, they shall be located along ridge
				tops, hedgerows or field boundaries to the maximum extent possible;
(4) Such roadways shall be constructed so
				they are level with adjacent fields to facilitate crossing by farm equipment to
				the maximum extent possible; and
(5) To protect agricultural soils from
				damage, such roadways may not be constructed during wet conditions.
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 15.15.14.09 - Easement Amendment to Authorize an ARES

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Foundation may amend the terms of an
				easement approved by the Board of Public Works before June 30, 2014 to
				authorize an ARES on the farm if:
(1) The
				Foundation approves an application for an ARES on a farm in accordance with the
				requirements of this chapter; and
(2) The farm owner agrees to pay the cost of
				all title work, title insurance premiums, surveys, and documents necessary to
				complete the easement amendment;
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 15.15.14.10 - Assessment of Costs and Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Easement Amendment Costs. The Foundation shall assess and the farm owner shall
				agree to pay the costs of amending an agricultural land preservation easement
				approved for purchase by the Board of Public Works prior to June 30, 2014 in a
				manner that permits the uses allowed by this chapter. The costs shall be
				determined on a case-by-case basis.
B. Monitoring and Enforcement Fees. If the
				Foundation approves an ARES for a farm, the Foundation shall assess the farm
				owner an annual fee to reimburse the Foundation for monitoring and enforcement
				costs associated with the uses provided by this chapter. This fee is payable to
				the Foundation on January 1st of each year following
				the approval of the ARES, and may be modified from time to time. The fee shall
				continue to be assessed each year until the facility agreement is terminated,
				the ARES is dismantled and the land reclaimed for agricultural use, as
				determined by the Foundation.
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 15.15.14.11 - Required Lease Payments to the Foundation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an ARES owner enters into a facility
				agreement with a farm owner, the ARES owner shall annually pay the Foundation 5
				percent of any payment made to the farm owner as a result of a facility
				agreement. The payments required under this regulation shall be prorated for
				any partial year in which payments are made to the farm owner as a result of a
				facility agreement. Any facility agreement between an ARES owner and a farm
				owner must include an express term to require this mandatory payment to the
				Foundation.
B. Both the ARES owner
				and the farm owner shall provide the Foundation with a copy of all facility
				agreements concerning the ARES facility on the farm.
C. Both the ARES owner and the farm owner
				shall notify the Foundation, in writing, of any amendments, modifications,
				renewals or terminations to facility agreements concerning the ARES on the
				farm.
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 15.15.14.12 - Required Removal of ARES and Bond Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an ARES is scheduled to stop
				operations, the farm owner and the ARES owner or operator shall notify the
				Foundation, in writing, no less than 30 days prior to the date when the ARES
				will cease to operate.
B. If the
				ARES owner enters into a facility agreement with the farm owner, the facility
				agreement shall require the ARES owner to remove all materials related to an
				ARES within 180 days of the last operation date of the ARES.
C. If an ARES is not subject to a facility
				agreement, the farm owner shall remove all materials related to the ARES within
				180 days of the last operation date of the ARES.
D. The ARES, along with any related
				structures or equipment, shall be removed in a manner to ensure that the
				agricultural productivity of the soil is restored to the greatest extent
				possible, including but not limited to, the following:
(1) Removal shall be done in accordance with
				an approved conservation plan that addresses soil and water resource
				concerns;
(2) All facilities,
				structures and equipment shall be removed from the farm, including underground
				foundations and cables; and
(3)
				Excavated areas shall be backfilled with clean sub-grade material covered by a
				layer of topsoil, with the depth of restored topsoil consistent with the depth
				of topsoil of the surrounding land.
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 15.15.14.13 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. A farm owner who
				violates any federal, State, or local laws regarding the operation of an ARES
				is in violation of the easement and is subject to civil penalties under
				Agriculture Article, §
									2-519, Annotated Code of
				Maryland.
B. A farm owner who
				violates the Foundation's approval conditions for an ARES is in violation of
				the easement and is subject to all legal remedies available to the Foundation
				to enforce the terms of the easement, including civil penalties under
				Agriculture Article, §
									2-519, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.16 - Guidelines for Granting Overlay Easements and Rights-of-Way › Section 15.15.16.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria and eligibility
				  standards for the approval of overlay easements and rights-of-way on land
				  subject to an agricultural land preservation easement held by the Maryland
				  Agricultural Land Preservation Foundation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.16 - Guidelines for Granting Overlay Easements and Rights-of-Way › Section 15.15.16.02 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.16 - Guidelines for Granting Overlay Easements and Rights-of-Way › Section 15.15.16.03 - Conditions of Approval

Current through Register Vol. 51, No. 14, July 12, 2024
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 the legislative 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.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.16 - Guidelines for Granting Overlay Easements and Rights-of-Way › Section 15.15.16.04 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
An application to the Foundation for overlay easement
				  approval shall provide the following information:
A. A location map outlining the entire
				property, the overlay easement area, and access to the overlay easement
				area;
B. A draft of the proposed
				overlay deed of easement (not a generic copy) that shall clearly list all
				activities that may or may not be permitted;
C. If the Foundation requires, the proposed
				overlay easement form shall include language that would make the proposed
				overlay easement subordinate to the agricultural preservation
				easement;
D. If the application is
				for a right-of-way easement, information shall be provided regarding the
				State's or county's minimum width requirements;
E. A statement of the purpose of the request,
				including alternatives available to the proposed overlay easement;
F. Confirmation from the county planning and
				zoning office that the proposed overlay easement complies with local zoning
				requirements;
G. A recommendation
				from the local Agricultural Land Preservation Advisory Board; and
H. Any other information the Foundation
				considers necessary to consider the application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.16 - Guidelines for Granting Overlay Easements and Rights-of-Way › Section 15.15.16.05 - Survey Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
If the Foundation approves the proposed overlay easement, a
				  survey of the overlay easement area, including access, shall be provided to the
				  Foundation for approval before the overlay easement is signed and
				  recorded.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary of Agriculture, under Agriculture Article,
				  Title 2, Subtitles 1 and 7, Annotated Code of Maryland, adopts the following
				  regulations to insure the humane treatment of horses and the safety of horse
				  riders.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Horse Industry
				Board.
(2) "Horse Establishment"
				means an establishment that solicits or offers the public any of the following
				activities:
(a) A boarding stable;
(b) A lesson or rental stable; or
(c) A rescue or sanctuary stable.
(3) "Operator's license" means
				that license that the Board has issued entitling a person to operate and
				maintain a horse establishment.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.03 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Horse Racing and
				Standardbred Stables.
(1) Horse racing and
				standardbred stables are exempt from the regulations of this chapter.
(2) For purposes of this regulation, "horse
				racing and standardbred stables" means stables or farms where horses are bred,
				trained, and rested, for purposes relating to either or both of the following
				types of racing:
(a) The racing of
				thoroughbreds, whether it be on a flat course or over hurdles; and
(b) The racing of standardbreds, whether they
				be trotters or pacers.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.04 - Operator's License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required to
				Conduct Business. Except as provided under §I of this regulation, a person
				may not operate or maintain a horse establishment without first obtaining an
				operator's license in at least one of the three different licensing
				classifications developed by the Board.
B. Determination by Board. Before the Board
				may issue an operator's license in a particular class to a person, the Board
				shall first determine whether that person's horse establishment meets the
				requirements of that class. The requirements for each licensing class are
				stated in Regulation .07.
C.
				Licensing Classifications. The licensing classifications developed by the Board
				are based on the three different activities that may be offered at a horse
				establishment and which, because any one of them is offered, requires that the
				establishment's operator be licensed. The licensing classifications and their
				respective activities are the:
(1) Boarding
				stable class, for establishments that solicit or offer to the public to stable
				horses;
(2) Rescue or sanctuary
				stable class, for establishments that offer to the public to shelter or keep
				one or more horses for humane purposes with or without compensation and with or
				without tax-exempt status; and
(3)
				Lesson or rental stable class, for establishments in which one or more horses
				are offered to the public to be let for hire, to be ridden or driven, either
				with or without the furnishing of riding or driving instructions.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.05 - Board Inspection of Horse Establishments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspection Requirement. The Board shall
				inspect the horse establishments of the following persons:
(1) Those who have applied for an operator's
				license; and
(2) Those who have
				obtained an operator's license.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.06 - Establishment's Failure to Pass Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Failure of Applicant's Establishment to
				Pass Initial Inspection.
(1) Initial
				Inspection. The Board may not issue a license to a person to operate a horse
				establishment if the establishment fails to pass inspection.
(2) Subsequent Inspection. If an
				establishment fails to pass its initial inspection, the Board may:
(a) Conduct a subsequent inspection after
				giving the person sufficient time to correct the deficiencies; and
(b) Issue a license if it finds during the
				subsequent inspection that the deficiencies have been corrected.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.07 - Licensing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Compliance with General and Special Requirements. Each person issued an
				operator's license shall comply with the:
(1)
				General requirements under §B; and
(2) Special requirements under §C for
				the particular class for which that person is licensed.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.01 - General Regulations › Section 15.16.01.08 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may
				appeal a decision by the Board:
(1) Not to
				renew an operator's license in a particular class or classes;
(2) To suspend or revoke an operator's
				license in a particular class or classes; or
(3) To impose a civil penalty as provided
				under COMAR 15.16.03.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations provide qualifications and guidelines for
				  the allocation of Maryland Horse Industry Board funds for equine-related
				  activities.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Maryland Horse Industry Grant Program is
				  to provide funding for equine-related activities. This program will:
A. Help the Maryland horse industry support
				research related to equine health and related issues;
B. Promote the development and use of horses
				in the State;
C. Create public
				awareness of the value of equine activities as they relate to the preservation
				of green space and agricultural land; and
D. Develop and disseminate information
				concerning the equine industry, including the history and tradition of
				breeding, and the role of horses in recreational activities.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Activity" means economic development,
				education, marketing, research, or promotion.
(2) "Board" means the Maryland Horse Industry
				Board.
(3) "Equine" means relating
				to the horse family, and includes horses, mules, donkeys, and ponies.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.04 - Who May Apply

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				shall only provide financial assistance to an individual, group, association,
				organization, or institution for an equine-related activity that meets the
				program's objectives, as established in this chapter.
B. Applicants shall demonstrate knowledge,
				experience, and the capacity of initiating and implementing all aspects of the
				proposed project.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.05 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application
				shall contain the following:
(1) The project
				title;
(2) The applicant's name,
				address, and telephone number;
(3)
				A brief biography and qualifications of the project leader;
(4) Brief biographies and qualifications of
				additional personnel who will work on the project, if applicable;
(5) The amount of the grant
				requested;
(6) A project
				description, which shall include:
(a) The
				project's objective;
(b) A general
				summary of the proposed project;
(c) The value of the project to Maryland's
				horse industry;
(d) The proposed
				start date of the project; and
(e)
				The schedule for completion of the project; and
(7) Any additional information the applicant
				wants the Board to consider during its review of the proposed
				project.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.06 - Board Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board shall decide whether to approve a qualified applicant's application for
				funding based upon the following criteria of the proposed activity:
(1) Value to the industry;
(2) Degree of industry promotion;
(3) Size and scope of activity;
(4) Financial need; and
(5) Quality of the written
				presentation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.07 - Funding Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				approval of an application by the Board, the applicant shall execute an
				agreement that, among other things, shall require the applicant to:
(1) Establish and operate the project
				according to the project description;
(2) Bind any successor in title for the life
				of the project;
(3) Maintain
				records as required by the Board;
(4) Allow the Board access to monitor the
				project to assure that the project is operated in accordance with this
				agreement; and
(5) Use the funds
				received from the Board for only those activities described in the project
				application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.02 - Maryland Horse Industry Grant Program › Section 15.16.02.08 - Noncompliance

Current through Register Vol. 51, No. 14, July 12, 2024
If a person fails to establish or operate a project in
				  accordance with any agreement executed with the Board, that person shall be
				  liable for the full amount of State funds paid for any project that was not
				  implemented or properly executed. If a person violates any regulation contained
				  in this chapter, the Board may deny any current or future fund
				  allocations.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.03 - Administrative Penalty Standards › Section 15.16.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter determines the administrative penalty amount for
				  any person who operates an unlicensed horse establishment or has violated any
				  provision of Agriculture Article, §
									2-715, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.03 - Administrative Penalty Standards › Section 15.16.03.02 - Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Terms Defined.
				In this chapter, the following terms have the meanings indicated.
(1) "Licensee" means a person who is licensed
				to operate a Horse Establishment.
(2) "Member of the Board" means a member of
				the Horse Industry Board including a Board inspector.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.03 - Administrative Penalty Standards › Section 15.16.03.03 - Violations for the Purpose of Determining Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this
				regulation, the Board may impose an administrative penalty up to $2,000 for
				each violation of this chapter taking into consideration the gravity of the
				offense as it relates to:
(1) The risk of
				injury to member of the public who may let for hire, to be ridden or driven, a
				horse at that establishment; or
(2)
				The fitness or welfare of a horse under the control of the licensee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.03 - Administrative Penalty Standards › Section 15.16.03.04 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person
				subject to the Board's jurisdiction may appeal, according to Agriculture
				Article, §2-405, Annotated Code of Maryland, the Board's decision to
				impose an administrative penalty.
B. An operator shall be notified of this
				right to appeal.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 16 - MARYLAND HORSE INDUSTRY BOARD › Chapter 15.16.03 - Administrative Penalty Standards › Section 15.16.03.05 - Penalty Payment

Current through Register Vol. 51, No. 14, July 12, 2024
Unless a person appeals, the amount of a penalty shall be
				  paid promptly to the Board.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 17 - CERTIFICATION OF FRUIT › Chapter 15.17.01 - Controlled Atmosphere Storage of Fruit › Section 15.17.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In these
				regulations, the following terms have the meanings indicated:
B. Terms Defined.
(1) "Department" means the Maryland
				Department of Agriculture.
(2)
				"Secretary" means the Secretary of Agriculture or his designee.
(3) "Person" means any individual,
				corporation, partnership, association, firm, or other business
				entity.
(4) "MD-CA" or "Maryland
				Controlled Atmosphere Storage" is a mark or grade of quality certified by the
				Department which indicates that fresh fruit has been stored in a facility where
				atmospheric gasses have been controlled in volume and in temperature for the
				purpose of preserving the condition and maturity of fruit.
(5) "Facility" means a storage warehouse
				approved by the Department for storing of MD-CA certified fruit.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 17 - CERTIFICATION OF FRUIT › Chapter 15.17.01 - Controlled Atmosphere Storage of Fruit › Section 15.17.01.02 - Application for "MD-CA" Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Upon request, the Secretary may mark fruit as "MD-CA"
				  certified. Requests for certification shall be made on a form as provided by
				  the Department. Before certification, the Department shall inspect and approve
				  each storage facility to insure its fitness to store "MD-CA" fruit. An
				  applicant shall agree to pay to the Department a reasonable fee for any service
				  as provided in this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 17 - CERTIFICATION OF FRUIT › Chapter 15.17.01 - Controlled Atmosphere Storage of Fruit › Section 15.17.01.03 - Prohibition

Current through Register Vol. 51, No. 14, July 12, 2024
Unless approved by the Secretary, a person may not mark a
				  container as "MD-CA" in any manner that indicates that it conforms to the grade
				  or quality standards as provided in this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 17 - CERTIFICATION OF FRUIT › Chapter 15.17.01 - Controlled Atmosphere Storage of Fruit › Section 15.17.01.04 - Standards for "MD-CA" Certified Fruits

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall certify and mark fruit as "MD-CA"
				  certified if it conforms to all of the following standards:
A. Fruit shall be refrigerated immediately
				after harvesting and shall be sealed in a controlled atmosphere storage
				facility within 30 days after harvesting.
B. The oxygen content of a facility shall be
				reduced to 5 percent of the facility's volume within 20 cumulative calendar
				days after the facility's initial sealing.
C. The maximum amount of oxygen retained in a
				sealed "MD-CA" facility may not exceed 5 percent by volume.
D. While fruit is stored in a facility, the
				temperature shall be maintained within a range normal for each variety without
				significant deviation.
E. Fruit
				shall be stored for a minimum of 90 days in a facility, except 60 days for
				Jonathan variety apples. However, fruit may not be stored for more than 10
				months or later than August 1 following harvest. All fruit shall be sealed in a
				facility with not more than 5 percent oxygen content.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 17 - CERTIFICATION OF FRUIT › Chapter 15.17.01 - Controlled Atmosphere Storage of Fruit › Section 15.17.01.05 - Storage Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall approve each facility for the storage of
				  fruit. Upon approval, the Secretary shall assign a facility number which shall
				  be preceded by the letters "MD-CA". The "MD-CA" number and the facility number
				  shall be in letters and figures not less than 1/4 inch high and shall appear on
				  all master cartons or shipping containers.