reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.03 - Agricultural Preservation Districts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conditions for Establishment.
(1) To establish a district, a landowner
				shall:
(a) File a petition as provided under
				§B of this regulation; and
(b)
				If the petition is approved as provided under this regulation, execute a
				district agreement in the form prescribed by the Foundation, agreeing, among
				other things, that the following covenants, conditions, and restrictions
				contained in it run with the land covered by the agreement for so long as the
				agreement remains in effect:
(i) The
				landowner agrees to keep the land in agricultural use in a district for, except
				as otherwise permitted by law, a minimum period of 5 years from the date the
				district agreement is recorded in the land records of the county where the
				district is located,
(ii) The
				landowner agrees not to use the land for any commercial, industrial, or
				residential purpose, except as otherwise permitted by Agriculture Article,
				§
												2-513, Annotated Code of
				Maryland,
(iii) The landowner
				agrees not to subdivide the land for any purpose unless the Foundation first
				has approved the proposed subdivision, and
(iv) The landowner agrees not to construct
				buildings or structures on the land that are not designed or intended to be
				used for agricultural purposes unless the Foundation first has approved the
				proposed construction.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.04 - Termination and Alteration of Districts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provisions of this regulation are
				applicable only to land in agricultural preservation districts on which an
				easement is not held by the Foundation.
B. After 5 Years. A landowner may terminate
				his property's inclusion in an agricultural preservation district at any time
				after 5 years from the establishment of the district. Notice of intention to
				terminate may be submitted to the Foundation at the end of the fourth year of
				the district's establishment, or anytime after, with a 1-year notice.
C. Severe Economic Hardship.
(1) Foundation and County Approval Needed. If
				severe economic hardship occurs, the Foundation with the concurrence of the
				county governing body may release the landowner's property from an agricultural
				preservation district at any time.
(2) Petitioning the Foundation.
(a) To obtain the relief available under
				§C(1) of this regulation, the landowner shall petition the Foundation,
				stating succinctly the severe economic hardship that the landowner is
				sustaining, and providing the Foundation with the following information:
(i) A recent financial statement which shows
				the owner's complete assets and liabilities and a statement that the
				information contained in the financial statement is true and
				accurate;
(ii) Other information
				attesting to the severe economic hardship that the landowner is sustaining,
				including by way of example, information from mortgagees, lien holders,
				creditors, attorneys, the Internal Revenue Service, or other third-party
				interests who are qualified to address the economic condition of the
				landowner.
(b) Copy to
				County. The landowner shall send a copy of this petition and the information
				required under §C(2)(a) of this regulation to the appropriate county
				governing body.
(c) Disclosure of
				Information. To the extent permitted by law, the Foundation shall deny public
				access to the information the landowner has supplied the Foundation under
				§C(2)(a) of this regulation. Nothing in this regulation shall preclude the
				Foundation from discussing this information with the appropriate county
				governing body, whose concurrence is required in any property release under
				this section.
(d) If the Foundation
				approves the petition to release the landowner's property from a district, the
				Foundation shall prepare the release.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.05 - Application to Sell Agricultural Land Preservation Easement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner of
				agricultural land located within an agricultural land preservation district may
				offer by written application to sell to the Foundation an easement on the
				entire contiguous acreage of land within that district.
B. The owner shall submit a written
				application to sell an easement to the Foundation not later than July 1 of the
				fiscal year in which the application is to be considered and include with the
				application:
(1) An asking price for which
				the owner is willing to sell an easement;
(2) A complete description of the subject
				land;
(3) A certification from the
				local soil conservation district that it has prepared or revised within the
				last 10 years a soil conservation and water quality plan that:
(a) Identifies the existing erosion and water
				quality problems on the subject land and the means (that is, the practices and
				other conservation measures) necessary to address them, and
(b) Contains a schedule for implementing the
				means to address the problems; and
(4) An acknowledgement of the following by
				the landowner:
(a) That upon the Foundation's
				acquisition of the easement, the landowner agrees to follow the recommended
				schedule to implement the best management practices described in a soil
				conservation and water quality plan applicable to the land; and
(b) For land with 25 acres or more of
				contiguous forest land, the landowner agrees, before the easement is acquired,
				to provide the Foundation with a certification from a forester licensed in this
				State, that:
(i) A forest stewardship plan
				has been prepared or revised for the land within the last 10 years;
				and
(ii) The landowner agrees to
				implement the practices stated in the plan.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.06 - Maximum Number of Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall determine the maximum
				number of applications it may consider in each offer cycle.
B. Applications received after the maximum
				number has been reached may be considered in the next available
				cycle.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.07 - Date on Which the Foundation Shall Receive Applications

Current through Register Vol. 51, No. 14, July 12, 2024
In each offer cycle, the Foundation shall hold all
				  applications to be considered until July 1, when it officially shall receive
				  the applications.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.08 - Notice to Landowner of Receipt and Sufficiency of Application to Sell

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the receipt of an application, the
				  Foundation shall notify the landowner whether the application is sufficient. If
				  the application is insufficient, the Foundation shall specify the reason for
				  insufficiency and grant the owner an additional 30 days to remedy the
				  insufficiency. If the application is made sufficient within 30 days of the
				  notification by the Foundation, the application shall be considered as if it
				  had originally been submitted in a timely and sufficient
				  manner.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.09 - Approval or Disapproval of Application by County Governing Body

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days
				after receiving an owner's application to sell an easement, the Foundation
				shall notify the governing body of the county containing the subject land that
				it has received an application.
B.
				Within 60 days after receiving the notification referenced in §A of this
				regulation, the county governing body shall advise the Foundation as to local
				approval or disapproval of the application.
C. The Foundation shall grant a county
				governing body a 30-day extension of this response period if the county
				governing body applies to the Foundation for an extension and states its
				reasons.
D. In deciding whether to
				approve the application, the county governing body shall receive the
				recommendation of the county agricultural preservation advisory
				board.
E. In making its
				recommendation, the county agricultural preservation advisory board shall take
				into consideration criteria and standards adopted by the Foundation under
				current local regulations, local patterns of land development, and any locally
				established priorities for the preservation of agricultural land.
F. The county agricultural preservation
				advisory board shall provide a public hearing concerning any application to
				sell an easement if a hearing is requested by a majority of the county
				agricultural preservation advisory board, or by a majority of the county
				governing body, or by the applicant.
G. The Board of Trustees of the Foundation
				may not approve an application to sell which has not been approved by the
				governing body of the county containing the subject land.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.10 - Value of Easement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Maximum Value.
(1) Computation. The maximum
				value of any easement to be purchased shall be the asking price, or the
				difference as of the valuation date between the fair market value of the land
				and the agricultural value of the land, whichever is lower.
(2) Valuation date. The valuation date for
				each property within an agricultural land preservation district being appraised
				in a given offer cycle shall be July 1, the last day in each offer cycle that
				an application may be submitted for consideration.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.11 - Rejection of Foundation's Offer

Current through Register Vol. 51, No. 14, July 12, 2024
A. A landowner whose application to sell an
				agricultural land preservation easement has been rejected for a reason other
				than insufficient funds may not reapply to sell an easement on the same land or
				on the same terms until 2 years have passed after the date of the original
				application.
B. However, if the
				landowner's asking price is lower than that indicated in the original
				application, the landowner may apply to sell an easement on that same land in
				the next available offer cycle or any cycle after that.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.12 - Land Subject to Mineral Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless a property owner either releases or
				subordinates its mineral or material extraction rights interest to the
				Foundation's interest under the easement, the Foundation may not acquire an
				easement on a farm that is subject to mineral rights or a right to extract sand
				and gravel, shale, limestone, crude petroleum and natural gas, clay, ceramic,
				and fertilizer minerals and deep-mined minerals, including bituminous
				coal.
B. The Foundation may accept
				subordination of less than 100% of the mineral rights interest if owners of
				fractional shares cannot be located or are unwilling to subordinate, and the
				Foundation determines that the fractional interests are unlikely to be
				exercised.
C. In Garrett County or
				Allegany County only, the Foundation may not require subordination if the
				Foundation determines that exercise of natural gas rights will not interfere
				with an agricultural operation on property subject to an easement.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.13 - Tender of Offer to Buy After Approval of Application

Current through Register Vol. 51, No. 14, July 12, 2024
Upon approval of a majority of the Board members at-large,
				  and upon the recommendation of the State Treasurer and the Secretary, an
				  application to sell shall be approved, and an offer to buy which contains the
				  specific terms of the purchase shall be tendered to the landowner. An offer to
				  buy may specify terms, contingencies, and conditions not contained in the
				  original application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.14 - Time of Tender; Acceptance or Rejection

Current through Register Vol. 51, No. 14, July 12, 2024
A. With respect to allotted purchases, the
				Foundation shall tender any offer to buy containing the specific terms of the
				purchase for the:
(1) First offer cycle, on
				or before January 31; and
(2)
				Second offer cycle, on or before July 31.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.15 - Schedule of Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				time of settlement of the purchase of an easement, the landowner and the
				foundation may agree upon and establish a schedule of payment such that the
				landowner may receive consideration for the easement in a lump sum, or in
				installments over a period of up to 10 years from the date of
				settlement.
B. If a schedule of
				installments is agreed upon, the Comptroller shall retain in the Maryland
				Agricultural Land Preservation Fund an amount of money sufficient to pay the
				landowner according to the schedule.
C. The landowner shall receive annually
				interest on any unpaid balance remaining after the date of settlement. This
				interest shall be at the same rate as any interest earned on the funds retained
				pursuant to §B of this regulation, less 1/4 of 1 percent.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.16 - Maximum Number of Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. On or before June 30, following the first
				offer cycle, or on or before December 31, following the second offer cycle, the
				Foundation shall notify every landowner whose application had been rejected
				during that offer cycle. The Foundation shall specify the reasons for that
				rejection.
B. A landowner whose
				application has been rejected for a reason other than insufficient Foundation
				funds may not reapply to sell an easement on the same land on the same terms
				until 2 years after the date of the original application.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.17 - Use of Land on Which an Easement is Purchased

Current through Register Vol. 51, No. 14, July 12, 2024
A. Provisions to be Included in Easement and
				County Regulations. Agricultural land preservation easements may be purchased
				for land in agricultural use which meets the qualifying criteria established
				under Regulation .03D of this chapter if the easement and county regulations
				governing the use of the land include the following provisions:
(1) Any agricultural use of land is
				permitted;
(2) Operation of
				machinery used in farm production or the processing of agricultural products is
				permitted;
(3) Normal agricultural
				operations performed in accordance with good husbandry practices, which do not
				cause bodily injury or directly endanger human health, are permitted, including
				sale of farm products produced on the farm where the sales are made, and may
				generally include up to 25 percent in gross sales of farm products produced
				locally on other farms.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.19 - Acceptance of Easements by Donation, Gift, Bequest, or Grant

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Foundation
				may accept easements or other rights to restrict the use of agricultural land
				and woodland in accord with the criteria and procedures of this
				regulation.
B. Criteria.
(1) Agricultural land and woodland parcels on
				which easements are accepted shall be:
(a)
				Primarily used for the production of food or fiber;
(b) Of such size, configuration, and natural
				capability to assure continued economically viable agricultural production or
				be located contiguous to other similarly productive land; and
(c) Land within the boundaries of a 10-year
				water and sewerage service district only if the land is outstanding in
				productivity and is of significant size.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.20 - Determination by Foundation of Applications To Be Approved

Current through Register Vol. 51, No. 14, July 12, 2024
A. In determining which applications to
				approve for the purchase of the easements offered, the Foundation shall approve
				only those applications which have received approval of the applicable local
				governing body in which the subject land meets the qualifying criteria of
				Regulation .03D of this chapter on lands which are currently within an
				agricultural preservation district.
B. Approval of Easement Sale Applications.
(1) Ratios of 1.0 or Lower. All applications
				for the sale of easements shall be assigned a rank in ascending order with
				respect to the proportion obtained by dividing the asking price by the State
				appraisal easement value. The resulting rank shall be the sole criterion for
				establishing the priority for approved applications with ratios of 1.0 or
				lower. If between two or more landowners, the proportions obtained are equal,
				the following land characteristics shall affect the priority of acquisition:
(a) Highest productive capability;
(b) Greatest urban pressure; and
(c) Largest parcel.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.21 - Maryland Agricultural Land Preservation Fund and Local Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Total amount to be allotted" means the
				amount, as certified by the Comptroller, which remains in the Maryland
				Agricultural Land Preservation Fund at the beginning of the fiscal year after
				payment of all expenses of the Foundation and the Board of Trustees during the
				previous fiscal year, and after subtraction of funds committed for payment as
				consideration for easements purchased during previous fiscal years, and after
				subtraction of any money remaining in the Fund as a result of a transfer of
				local program open space funds.
(2)
				"General purchases of easements" means purchases of agricultural land
				preservation easements in which the governing body of the county in which the
				land is located is not required to make a contribution to the Maryland
				Agricultural Land Preservation Fund.
(3) "Matching purchases of easements" means
				purchases of agricultural land preservation easements in which the governing
				body of the county in which the land is located is required to make a
				contribution to the Maryland Agricultural Land Preservation Fund of an amount
				equal to at least 40 percent of the value of the easement for each
				purchase.
(4) "Allotted purchases"
				means general or matching purchases made pursuant to offers to buy tendered by
				the Foundation on or before January 31 in the first offer cycle and on or
				before July 31 in the second offer cycle.
(5) "County" means any county containing
				productive agricultural land which is being actively farmed and which meets the
				criteria for land on which easements may be purchased.
(6) "Eligible county" means a county as
				defined in §A(5) of this regulation which has secured approval from the
				Foundation for a local agricultural land preservation program (applicable only
				to local matching programs).
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.01 - Guidelines for the Maryland Agricultural Land Preservation Program › Section 15.15.01.22 - Local Matching Programs of Agricultural Land Preservation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Foundation
				may approve a local matching program of agricultural land preservation,
				provided that:
(1) The county agrees to make
				payments up to a specified and Foundation-approved aggregate amount to the
				Maryland Agricultural Land Preservation Fund to equal at least 40 percent of
				the value of an easement acquired by the Foundation as a result of a matching
				allotted purchase made during the ensuing fiscal year;
(2) The county shows evidence that the local
				matching program for the acquisition of easements for the purposes of
				agricultural land preservation will not result in preservation of land which
				does not meet the qualifying criteria as established in these regulations;
				and
(3) The county request for
				approval of a local matching program is submitted to the Foundation, together
				with any necessary agreements, not later than 90 days before the beginning of
				the fiscal year for which approval is being sought.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.02 - Formula for Determining the Agricultural Value of Land › Section 15.15.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations provide the formula for determining the
				  agricultural value of land under the Maryland Agricultural Land Preservation
				  Program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.02 - Formula for Determining the Agricultural Value of Land › Section 15.15.02.02 - 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) "Agricultural land preservation easement"
				or "easement" means a negative servitude in land which restricts a landowner's
				right to use the land for any commercial, industrial, or residential purpose
				except as otherwise permitted under Agriculture Article, §
										2-513, Annotated Code of
				Maryland.
(2) "Agricultural value"
				means the value of the land determined by a formula adopted by the Department
				that measures the farm productivity of the land.
(3) "Cultivatable land" means the portion of
				the applicant's land that consists of the following soil groups as classified
				under the USDA Soil Conservation Service's Soil Capability System: Class I, II,
				III, IV, V, and VI soils.
(4)
				"Department" means the Maryland Department of Agriculture.
(5) "Fair market value" means the value of
				land as of the valuation date for the highest and best use of the land which a
				vendor, willing but not obligated to sell, would accept for the property, and
				which a purchaser, willing but not obligated to buy, would pay for the property
				if the property was not subject to any easement restriction.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.02 - Formula for Determining the Agricultural Value of Land › Section 15.15.02.03 - Purchase of Easement

Current through Register Vol. 51, No. 14, July 12, 2024
If land has development potential for commercial, industrial,
				  or residential use, the Department may purchase, subject to requirements of
				  COMAR 15. 15.01, an agricultural land preservation easement from a landowner.
				  The maximum value that the Department may pay for an easement is the asking
				  price or the difference between the fair market value of the land and the
				  agricultural value of the land, whichever is lower. The Foundation may not
				  purchase an easement from a landowner whose land is already restricted to
				  agricultural use.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.02 - Formula for Determining the Agricultural Value of Land › Section 15.15.02.04 - Fair Market Value

Current through Register Vol. 51, No. 14, July 12, 2024
The fair market value of the land on which the landowner has
				  applied to sell an easement shall be determined by the Department of General
				  Services based upon one or more appraisals by State appraisers and any
				  appraisals, if any, of the landowner.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.02 - Formula for Determining the Agricultural Value of Land › Section 15.15.02.07 - Soil Productivity Index*

Current through Register Vol. 51, No. 14, July 12, 2024
Soil Class
Soil Productivity Index
Class I
1.00
Class II
.72
Class III
.50
Class IV
.50
Class V
.18
VI
.18
*The figures in this table numerically express the soil
				  productivity for each class of soil. Compiled by the Maryland Agricultural
				  Statistics Services, USDA, and the Agricultural Resource Economics Department,
				  University of Maryland, they are based on the capability each class has of
				  producing crops under average management. Class I soils have a high
				  productivity rating. Class II soils have a medium productivity rating which is
				  28 percent less than Class I. Class III and IV soils have a low productivity
				  rating which is 50 percent less than Class I. Class V and VI soils have the
				  lowest rating which is 82 percent less than Class I.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.02 - Formula for Determining the Agricultural Value of Land › Section 15.15.02.08 - Relationship Between Rent and Soil Productivity Index

Current through Register Vol. 51, No. 14, July 12, 2024
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Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.03 - Tenant House or Replacement Dwelling House Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria and eligibility for the
				  approval of a tenant house or replacement dwelling house, or both, on a farm
				  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 15.15.03 - Tenant House or Replacement Dwelling House Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.03.02 - 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) "Existing dwelling" means a building,
				structure, or mobile home that was designated by the Foundation and a county as
				an existing dwelling at the time of the execution of an agricultural land
				preservation district agreement or agricultural land preservation
				easement.
(2) "Fully engaged in the
				operation of a farm" means the tenant is committed to an average of at least 30
				hours per week over a continuous 12-month period.
(3) "Replacement dwelling house" means a
				residential structure that may be built in lieu of a new tenant house if the
				Foundation has approved the conversion of an existing dwelling house into a
				tenant house.
(4) Tenant.
(a) "Tenant" means an individual fully
				engaged in the operation of a farm.
(b) "Tenant" does not include a landowner or
				a person who has a financial interest in the landowner, including a shareholder
				interest, partnership interest, or membership interest, full, limited, or
				otherwise.
(5) "Tenant
				house" means an accessory structure in service to a farm operation, approved or
				designated by the Foundation to be restricted to residential use by a tenant or
				tenants on the property.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.03 - Tenant House or Replacement Dwelling House Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.03.03 - Tenant House Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The approval for the construction of a tenant house by the Foundation is not an
				absolute right of a landowner, and requests shall be reviewed by the Foundation
				on a case-by-case basis. Each request shall be reviewed to determine if a
				proposed tenant house is necessary based on the nature of the farming
				operation. When applying for approval of a tenant house, a landowner shall
				demonstrate to the Foundation a current and compelling need. To do so, a
				landowner shall show:
(1) The nature of the
				farm operation and the reasons why one or more tenant is necessary to carry out
				farm operations; and
(2) That one
				or more tenants will be fully engaged in the operations of the farm.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.03 - Tenant House or Replacement Dwelling House Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.03.04 - Tenant House Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Before the Foundation may consider a request for a tenant
				  house, a landowner shall submit the following:
A. An application, completed and signed by
				each titled landowner, which addresses the criteria in Regulation
				.03;
B. An unmarked copy of the tax
				map, or boundary survey, which outlines the entire Foundation district or
				easement property;
C. A second copy
				of the tax map, which shall include the following:
(1) Property boundaries of the Foundation
				district or easement property;
(2)
				Location of, and access to, the proposed tenant house; and
(3) Location of, and access to, all
				preexisting dwellings, lot exclusions, tenant houses, and farm
				buildings;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.03 - Tenant House or Replacement Dwelling House Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.03.05 - Replacement Dwelling House Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. The approval for the construction of a
				replacement dwelling house by the Foundation is not an absolute right of a
				landowner. The Foundation shall only approve a request for a replacement
				dwelling house if the Foundation:
(1) Has
				approved the application for a tenant house; and
(2) Has approved an existing dwelling house
				as a tenant house.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.03 - Tenant House or Replacement Dwelling House Approval for a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.03.06 - Replacement Dwelling House Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Before the Foundation may consider a request for the
				  construction of a replacement dwelling house, a landowner must first obtain
				  approval from the Foundation for a new tenant house. A landowner must submit
				  the following information:
A. An
				application for conversion of an existing dwelling to a tenant house and for
				construction of a replacement dwelling house, completed and signed by each
				titled landowner;
B. An unmarked
				copy of the tax map, or boundary survey, which outlines the entire Foundation
				district or easement property;
C. A
				second copy of the tax map, which shall include the following:
(1) Property boundaries of the Foundation
				district or easement property;
(2)
				Location of, and access to, the proposed replacement dwelling house;
(3) Location of, and access to, the existing
				dwelling which will house the tenant or tenants which made it necessary to
				construct a replacement dwelling house; and
(4) Location of, and access to, all
				preexisting dwellings, lot exclusions, tenant houses, and farm
				buildings;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.04 - Relocation of the Site of an Existing Dwelling on a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria and eligibility for the
				  approval of the relocation of the site of an existing dwelling on a farm
				  subject to the Maryland Agricultural Land Preservation
				  Program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.04 - Relocation of the Site of an Existing Dwelling on a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.04.02 - 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) "Existing dwelling" means a building,
				structure, trailer, or mobile home that was designated by the landowner and
				recognized by the Foundation and the county as an existing dwelling at the time
				of the establishment of an agricultural land preservation district or sale of
				the Agricultural Preservation Easement, whether or not the dwelling was
				occupied at the time of the sale.
(2) "Farm" means any land subject to an
				agricultural land preservation easement or district agreement.
(3) "Foundation" means the Maryland
				Agricultural Land Preservation Foundation.
(4) Restoration to Agricultural Use.
(a) "Restoration to agricultural use" means
				to alter the land to open space so that it may produce a crop or be used for
				livestock.
(b) "Restoration to
				agricultural use" does not include altering an existing dwelling to another use
				as an accessory farm building.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.04 - Relocation of the Site of an Existing Dwelling on a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.04.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requests for
				Approval.
(1) The approval to relocate the
				1-acre site of any dwelling by the Foundation is not an absolute right of a
				landowner.
(2) Requests shall be
				reviewed on a case-by-case basis, and approved if consistent with the
				guidelines established by this chapter.
(3) Each request shall be reviewed to
				determine if:
(a) The proposed new site for
				any new dwelling will adversely affect farming operations; and
(b) The site where the dwelling exists at the
				time of the request may be restored to agricultural use.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.04 - Relocation of the Site of an Existing Dwelling on a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.04.04 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Before the Foundation may consider and approve a landowner's
				  request to relocate the site of an existing dwelling, all of the following
				  shall be filed with the Foundation:
A.
				A written application for the relocation of a dwelling which has been completed
				and signed by all titled landowners, which shall include the following:
(1) A map that clearly indicates:
(a) The property boundaries of the easement
				property;
(b) The location of, and
				proposed access to, the new site of the proposed dwelling;
(c) The location of and access to the
				existing dwelling; and
(d) The
				location of Class I, II, and III soils;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.04 - Relocation of the Site of an Existing Dwelling on a Farm Subject to an Agricultural Land Preservation Easement › Section 15.15.04.05 - Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
If the Foundation approves a landowner's request to relocate
				  a dwelling, the landowner shall enter into a written agreement with the
				  Foundation, to be recorded among the county land records, describing the terms
				  and conditions of the Foundation's approval for the site for the relocation of
				  the dwelling.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.05 - Easement Termination Requests › Section 15.15.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				provides the process for an eligible landowner to request that the Maryland
				Agricultural Land Preservation Foundation terminate an agricultural land
				preservation easement. Each easement granted to the Foundation is of perpetual
				duration and may be terminated only under extraordinary circumstances. The
				easement's broad purpose is to:
(1) Provide a
				present and future source of agricultural products within the State for the
				citizens of the State;
(2) Control
				urban expansion, which is consuming the agricultural land and woodland of the
				State;
(3) Curb the spread of urban
				blight and deterioration; and
(4)
				Protect agricultural land and woodland as open-space land.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.05 - Easement Termination Requests › Section 15.15.05.02 - 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) 'Agricultural product" includes, but is
				not limited to, livestock and crops.
(2) "County governing body" means the board
				of county commissioners or, in a charter county, the county executive and the
				county council of a county.
(3)
				"Easement" means an agricultural land preservation easement held by the
				Maryland Agricultural Land Preservation Foundation, solely or jointly with any
				other entity or local government, and approved for purchase by the Board of
				Public Works prior to October 1, 2004.
(4) "Foundation" means the Maryland
				Agricultural Land Preservation Foundation.
(5) "Landowner" means the fee simple owner of
				the land that is subject to easement restrictions.
(6) "Profitable farming is feasible on the
				land" means that an agricultural product can be produced on the land that can
				be sold to realize an excess of return over expenditures, excluding any
				expenditures or costs to construct farm structures, to acquire the land itself,
				or to service any debt or financing incurred to acquire the land.
(7) "Secretary " means the Secretary of
				Agriculture.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.05 - Easement Termination Requests › Section 15.15.05.03 - Landowner's Request for Easement Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request. A landowner, whose farm is
				subject to an easement, may submit a written request to the Foundation to
				review the easement for possible termination.
B. Form. A landowner's written request shall
				be submitted on a form provided by the Foundation that explains, as defined by
				this chapter, why profitable farming is not feasible on the land under the
				easement.
C. Restriction. A
				landowner's request for termination review may not be considered by the
				Foundation unless 25 years have passed from the date that the Foundation
				purchased the easement.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.05 - Easement Termination Requests › Section 15.15.05.04 - County Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice to
				County of Landowner's Request. Upon receipt of a landowner's request for review
				to terminate an easement on the form provided by the Foundation, the Foundation
				shall notify the governing body of the county where the land is located of the
				landowner's request.
B. County
				Agricultural Advisory Board Recommendation. Upon receipt from the Foundation of
				a landowner's request for review to terminate an easement, the county governing
				body shall notify and ask for the recommendation of the county agricultural
				preservation advisory board, established under Agriculture Article, §
									2-504.1, Annotated Code
				of Maryland, or any other appropriate county agency or board. The advisory
				board or other county agency shall recommend to the county governing body the
				approval or disapproval of the termination of the easement based on current
				land use regulations, local comprehensive planning, and any local priorities
				for the preservation of agricultural land.
C. County Public Hearing. Upon receipt of the
				recommendation of the county agricultural preservation advisory board and, as
				determined by the county, any other appropriate county agency or board, the
				county governing body shall conduct a public hearing, after adequate public
				notice, to consider approving or disapproving the termination of the easement
				based on the following criteria:
(1) The
				county agricultural preservation advisory board's recommendation regarding the
				termination request;
(2) Local
				comprehensive planning and zoning considerations;
(3) Local priorities to preserve agricultural
				land;
(4) Local patterns of
				development; and
(5) Other land use
				considerations.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.05 - Easement Termination Requests › Section 15.15.05.05 - Foundation Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Foundation shall review a landowner's termination request only if the county
				governing body approves a landowner's termination request in writing
B. The Foundation's review of a landowner's
				termination request requires the Foundation Board of Trustees members at large
				to determine, in writing, whether profitable farming is feasible on the land,
				which determination may be based on the following:
(1) An expert opinion as to whether
				profitable farming on the land is feasible;
(2) The effect of any nonagricultural
				development adjacent to the land;
(3) Whether markets exist for any
				agricultural products that can be produced on the land;
(4) The profitability of nearby farms, if
				such information is readily available to the Board of Trustees members at
				large;
(5) Any information the
				landowner asks the Board of Trustees members at large to consider; or
(6) Any additional information the Board of
				Trustees members at large deem relevant to determine if it is feasible to farm
				the land in a profitable manner.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.05 - Easement Termination Requests › Section 15.15.05.06 - Secretary and State Treasurer Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary and State Treasurer shall
				consider a landowner's termination request only if the county governing body
				and the Foundation Board of Trustees members at large approve a landowner's
				termination request in writing.
B.
				An easement may only be terminated if both the Secretary and the State
				Treasurer approve the request for termination, which approval or denial may be
				provided by the Secretary and the State Treasurer's designees serving on the
				Foundation's Board of Trustees.