reglab/statecodes huggingface dataset:
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 15.15.05.07 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
The landowner seeking the termination request may appeal any
				  decision of the county governing body, the Foundation Board of Trustees members
				  at large, the Secretary or the State Treasurer to the circuit court of the
				  county where the land is located.
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 15.15.05.08 - Landowner Repurchase of Easement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Order of Two Appraisals at Landowner's
				Expense. Within 10 days after both the Secretary and the State Treasurer
				approve the termination request, the landowner shall remit good funds as
				instructed by the Foundation to pay for the cost of two appraisals to determine
				the fair market value of the easement land, which appraisals shall be ordered
				by the Department of General Services. The date of valuation shall be the date
				that the Foundation Board of Trustees members at large approved the landowner's
				termination request. If the Department of General Services must also determine
				the agricultural value of the land as provided by §C(1) of this
				regulation, it shall order two appraisals of the agricultural value of the land
				at the same time it orders the two appraisals to determine the fair market
				value of the easement land. The landowner shall pay the costs to acquire all
				such appraisals.
B. Determining
				Fair Market Value. After review of the two appraisals of the subject property,
				the Department of General Services shall determine the land's fair market value
				and promptly notify the Foundation in writing of its determination. For
				purposes of this regulation, the fair market value of land is the price as of
				the valuation date for the highest and best use of the property 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 it
				were not subject to an agricultural land preservation easement.
C. Determining Agricultural Value.
(1) Based on the Ordered Appraisals. If, at
				the time the Foundation acquired the easement, the land's agricultural value
				was determined by an appraisal, the Department of General Services shall
				determine the land's agricultural value and promptly notify the Foundation of
				its determination. For purposes of this regulation, the agricultural value of
				land, as determined by an appraisal, is the price as of the valuation date
				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 as a farm unit, to be used for agricultural
				purposes.
(2) Based on the
				Agricultural Formula. If, at the time the Foundation acquired the easement, the
				land's agricultural value was determined by the agricultural formula, the
				Foundation shall use the formula in effect at the time for determining the
				land's agricultural value.
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 15.15.05.09 - Subsequent Request for Termination After Denial or Failure to Repurchase

Current through Register Vol. 51, No. 14, July 12, 2024
If a request for termination is denied, or if the landowner
				  fails to elect to repurchase the easement within 30 days of the notification
				  required under Regulation .08D of this chapter, or fails to repurchase the
				  easement within 180 days of the same notification, the landowner may not again
				  request termination of the easement until 5 years after the last request for
				  termination.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to any lot released by the Foundation to an eligible landowner or
				landowner's child for the landowner's or landowner's child's use and occupancy
				on a farm. This chapter describes release procedures and explains when the lot
				may be conveyed.
B. The lots
				permitted to be released from the deed of easement under this chapter are:
(1) Restricted under the terms of each
				agricultural land preservation easement; and
(2) Intended only for the limited purpose of
				constructing a dwelling for the eligible landowner who sold or transferred an
				easement to the Foundation or for the child of a landowner or landowners,
				thereby allowing immediate family members to live on the farm.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms has the meanings indicated.
B. Terms Defined.
(1) "Child" means the child of an eligible
				landowner who sold or transferred an agricultural land preservation easement to
				the Foundation.
(2) "Dwelling"
				means the dwelling house, including lot acreage, allowed to be released under
				Agriculture Article, §
										2-513, Annotated Code of
				Maryland, and under the terms of an agricultural land preservation easement,
				for the use and occupancy of an eligible landowner or landowner's child on the
				farm.
(3) "Farm" means the land
				encumbered by the agricultural land preservation easement.
(4) "Landowner" means the landowner or
				landowners who sold or transferred an agricultural land preservation easement
				to the Foundation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.03 - Lot Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
Upon approval and release by the Foundation, only a landowner
				  who sold or transferred an easement to the Foundation or a landowner's child is
				  eligible to construct a dwelling on a lot on the farm for the bona fide use and
				  occupancy of the landowner or the child.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.04 - Lot Approval and Release

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Before a lot may be released from an easement's restrictions for the
				construction of a dwelling house, the landowner shall submit a signed
				application to the Foundation. The application shall include:
(1) A declaration that the lot and dwelling
				are for the use only of the landowner or the landowner's child, whichever is
				the case;
(2) If the application is
				for an owner's lot and there is more than one landowner, a statement
				acknowledging that the right to request release of the eligible owner's lot is
				being exercised;
(3) If the
				application is for a child's lot, a copy of the birth certificate of the
				landowner's child to prove that the landowner's child is a minimum of 18 years
				old at the date of the issuance of the preliminary release;
(4) A description of the land where the
				dwelling is to be located, along with proposed access to the
				dwelling;
(5) A survey plat or tax
				map that shows the precise location of the proposed lot; and
(6) Signed statements indicating approval of
				the lot from both the local agricultural land preservation advisory board and
				the county planning and zoning department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.05 - Lot Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. Two-Part
				Release.
(1) After Foundation approval, the
				release of the lot shall consist of two parts, a preliminary release and a
				final release, as specified in Agriculture Article, §
										2-513, Annotated Code of
				Maryland.
(2) After receiving
				payment for the lot, the Foundation will issue a preliminary release which
				conditionally releases the lot from the terms of the easement.
(3) The Foundation will issue a final release
				when the Foundation receives and certifies a nontransferable building permit in
				the name of the landowner or child for the construction of a dwelling
				house.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.06 - Lot Transfer Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A landowner or child who has a lot
				released under the terms of the easement shall occupy the dwelling constructed
				on the lot and may not convey or lease the improved lot to any person until 5
				years after the effective date of the final release. The Foundation may require
				evidence that the person for whom the lot was released occupies the dwelling
				for the 5-year period.
B. Before
				the expiration of the 5-year period, the Foundation may only approve a
				landowner's or child's request to convey a lot improved with a dwelling upon
				the occurrence of the following events:
(1)
				Notice to the Foundation of a transfer pursuant to:
(a) A bona fide foreclosure of a mortgage or
				deed of trust; or
(b) A deed in
				lieu of foreclosure;
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.06 - Lot Released from Easement for Landowner or Child › Section 15.15.06.07 - Easement Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A person who conveys, or receives, a lot in violation of this
				  chapter is in violation of Agriculture Article, Title 2, Subtitle 5, Annotated
				  Code of Maryland, the terms of the agricultural land preservation easement
				  applicable to the farm, and the terms of the applicable
				  release.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.07 - Approval for Uses of or Activities on Farmland Subject to an Agricultural Land Preservation District or Easement › Section 15.15.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria and eligibility for the
				  approval of allowable uses or activities 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 15.15.07 - Approval for Uses of or Activities on Farmland Subject to an Agricultural Land Preservation District or Easement › Section 15.15.07.02 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Agricultural Land Preservation Foundation may
				  approve farm, forest, or home occupation related uses or activities of eligible
				  landowners on a farm subject to easement restrictions even though the use or
				  activity does not strictly fall within the definition of traditional
				  agricultural use. Each request shall be reviewed by the Foundation based on the
				  criteria provided by this chapter to determine if a landowner's requested use
				  or activity conflicts with the overall purpose of the easement to preserve the
				  farm for agricultural use and as open-space land.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.07 - Approval for Uses of or Activities on Farmland Subject to an Agricultural Land Preservation District or Easement › Section 15.15.07.03 - Criteria to be Considered

Current through Register Vol. 51, No. 14, July 12, 2024
The Foundation shall consider the following criteria in
				  determining whether to approve or disapprove any use or activity:
A. Proportion of size of use or activity to
				total farm operation;
B.
				Compatibility with farm or forest production;
C. Potential damage to soil
				productivity;
D. Extent of use of
				existing farm structures or buildings, and impact on the value of the existing
				structure for farm or forestry use;
E. Whether any new structure or parking to
				support the use meets Foundation guidelines for location, scale, and impervious
				surfaces;
F. Compatibility with the
				rural character of the farm and the surrounding area;
G. County advisory board
				recommendation;
H. Compatibility
				with the implementation or maintenance of a best management practice provided
				in a soil conservation and water quality plan for the farm and, if applicable,
				a Forest Stewardship Plan or a nutrient management plan; and
I. Impact on sensitive natural resources on
				the farm, such as steep slopes, highly erodible soils, wetlands, or stream
				buffers.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.07 - Approval for Uses of or Activities on Farmland Subject to an Agricultural Land Preservation District or Easement › Section 15.15.07.04 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Before the Foundation may consider a request for approval of
				  any use or activity provided by this chapter, all of the following information
				  shall be submitted by the county on behalf of the landowner:
A. An application for approval that has been
				completed and signed by all titled landowners that fully and completely
				describes the proposed use or activity on the farm;
B. A letter of recommendation from the local
				agricultural land preservation advisory board or program
				administrator;
C. A written
				statement from the local planning and zoning office, or the county program
				administrator, indicating that the proposed use or activity is permitted as of
				right or by special exception under local zoning; and
D. A written statement from the local soil
				conservation district that the use or activity does not:
(1) Interfere in the implementation or
				maintenance of a best management practice for the farm provided in its soil
				conservation and water quality plan; or
(2) Adversely impact sensitive natural
				resources on the farm, if this statement is requested by the
				Foundation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.07 - Approval for Uses of or Activities on Farmland Subject to an Agricultural Land Preservation District or Easement › Section 15.15.07.05 - Violation

Current through Register Vol. 51, No. 14, July 12, 2024
Any landowner who violates an approval by the Foundation for
				  any use or activity may also be in violation of that landowner's district
				  agreement or agricultural land preservation easement. This violation may result
				  in the rejection of the landowner's offer to sell an easement or in the
				  enforcement of easement restrictions.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.08 - Installment Purchase Agreement Grant Program › Section 15.15.08.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria for a program
				  administered by the Maryland Agricultural Land Preservation Foundation to
				  purchase easements under an installment purchase agreement for farmland
				  selected by the Foundation, in cooperation with:
A. An eligible county, if a landowner chooses
				an eligible county's installment purchase agreement program; or
B. The Maryland Agricultural and
				Resource-Based Industry Development Corporation, if a landowner chooses the
				Foundation's installment purchase agreement program.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.08 - Installment Purchase Agreement Grant Program › Section 15.15.08.02 - 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) "County" means any county containing
				productive agricultural land that is actively farmed and that meets the
				criteria for land for easement purchase by the Maryland Agricultural Land
				Preservation Foundation.
(2)
				"Easement" means an agricultural land preservation easement as defined by COMAR
				15.15.01.01C
				-2.
(3) "Eligible county" means a county as
				provided in this chapter that has been approved by the Maryland Agricultural
				Land Preservation Foundation for a county IPA program, pursuant to Regulation
				.04A of this chapter.
(4) "Escrow
				closing" means the date when all documents have been executed in connection
				with the sale of an easement.
(5)
				"Foundation" means the Maryland Agricultural Land Preservation
				Foundation.
(6) "IPA" means an
				installment purchase agreement between a landowner and an eligible county or
				the Maryland Agricultural and Resource-Based Industry Development Corporation
				to purchase an easement by:
(a) Payment of
				semiannual interest at a fixed interest rate on the outstanding balance of the
				easement purchase price; and
(b)
				Payment of the outstanding balance of the easement purchase price in one or
				more installments over a stated term of years.
(7) "Landowner" means the fee simple owner of
				land that is subject to easement restrictions.
(8) "MARBIDCO" means the Maryland
				Agricultural and Resource-Based Industry Development Corporation.
(9) "MOU" means a memorandum of understanding
				that states the duties and responsibilities between the Foundation and an
				eligible county as to grants to purchase an easement through an IPA
				program.
(10) "Settlement" means
				the date established at escrow closing, when interest on any installment
				purchase agreement begins to accrue.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.08 - Installment Purchase Agreement Grant Program › Section 15.15.08.03 - Landowner's Option for Installment Purchase Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Foundation may offer to buy an
				easement from a landowner through an IPA either:
(1) In an eligible county where the land will
				be subjected to easement restrictions; or
(2) Through MARBIDCO, if the offer is not for
				less than $100,000.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.08 - Installment Purchase Agreement Grant Program › Section 15.15.08.04 - Grant to Eligible County

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				county is an eligible county for purposes of this chapter upon the Foundation's
				approval and after submission by the county to the Foundation of:
(1) The IPA form to be used by the county to
				purchase easements pursuant to a Foundation offer, which installment purchase
				agreement shall meet the requirements of Agriculture Article, §
										2-510.1(b),
				Annotated Code of Maryland, and otherwise be acceptable to the
				Foundation;
(2) The opinion of bond
				counsel form that states that the IPA is legal, valid and binding, and that
				interest paid under the IPA is exempt from federal and Maryland state and local
				income taxes, in form and substance satisfactory to the Foundation;
				and
(3) An ordinance, resolution,
				or other evidence of approval acceptable to the Foundation authorizing the
				issuance of the IPA by the county.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.08 - Installment Purchase Agreement Grant Program › Section 15.15.08.05 - Foundation IPA

Current through Register Vol. 51, No. 14, July 12, 2024
If a landowner elects to participate in the Foundation IPA
				  program, and a county is paying a portion of the easement purchase price, the
				  county shall provide its portion to the Foundation within 30 days of the
				  Foundation's notice.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.01 - Penalty in Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Foundation may impose a civil penalty on an owner of a property whose farm is
				subject to the terms of an easement granted under Agriculture Article, Title 2,
				Subtitle 5, Annotated Code of Maryland, who violates that subtitle, any
				regulations adopted in accordance with the subtitle, or the terms of the
				easement.
B. A civil penalty may be
				imposed by the Foundation instead of, or in addition to, any remedies at law or
				in equity.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.02 - Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Property Use.
				Except as otherwise permitted by Agriculture Article, §
									2-513, Annotated Code of
				Maryland, the deed of easement, or Foundation approval, the Foundation may
				impose a civil penalty on a property owner subject to this chapter who:
(1) Uses easement property for commercial,
				industrial, or residential use;
(2)
				Grants an easement, right-of-way, oil, gas, or mineral lease, or similar
				servitude on land to any person or government agency;
(3) Erects a sign, billboard, or outdoor
				advertising on easement property;
(4) Dumps ashes, sawdust, bark, trash, or
				rubbish on easement property, except when used in normal agricultural
				practices; or
(5) Violates an
				approval by the Foundation for any use or activity under the deed of
				easement.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.03 - Violation Classification and Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Foundation may impose a penalty for:
(1) Up to $2,500 for each
				violation;
(2) Each day a violation
				occurs; and
(3) Up to $50,000 in
				penalties during one administrative hearing.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.04 - Civil Penalty Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Foundation shall issue a written notice of violation to the property owner
				upon finding that a violation has occurred or is ongoing.
B. A written notice of violation shall
				include:
(1) A statement of the statute,
				regulation, or deed of easement violated by the landowner;
(2) A description of the evidence of a
				violation;
(3) A statement
				informing the property owner of the right to an informal meeting with the
				Foundation;
(4) The amount of the
				proposed civil penalty;
(5) A
				statement of the remedial action necessary to bring the property owner into
				compliance; and
(6) A reasonable
				amount of time, as determined by the Foundation, to correct a
				violation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.05 - Contested Case Hearing; Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A property owner may petition the Foundation for a contested
				  case hearing on the violation and penalty within 30 calendar days of the
				  issuance of the notice of violation by the Foundation. The Office of
				  Administrative Hearings shall conduct a hearing and issue proposed findings of
				  fact and conclusions of law pursuant to State Government Article, Title 10,
				  Subtitle 2, Annotated Code of Maryland. The Foundation shall adopt or reject
				  the proposed findings of fact and conclusions of law and issue a final
				  decision. An owner may then appeal the Foundation's decision as provided by
				  Agriculture Article, §2-405, Annotated Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.06 - Penalty Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless a
				property owner requests a contested case hearing, the property owner shall
				promptly pay the penalty.
B.
				Payment of a penalty is not a substitute for compliance. If the property owner
				continues to violate this chapter, the Foundation may impose additional civil
				penalties or pursue other remedies at law or in equity.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.09 - Civil Penalty Standards › Section 15.15.09.07 - Violation Date

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to any violation that occurs on or after
				  October 1, 2009.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.10 - Confidential Records › Section 15.15.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter explains the confidentiality requirement and its
				  duration for records relating to the sale of an easement to the Maryland
				  Agricultural Land Preservation Foundation. Confidentiality of records is
				  maintained during an offer cycle to ensure the integrity of the offer and sale
				  process for all participants. An offer cycle begins upon submission of a
				  property owner's application and ends as provided by this
				  chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.10 - Confidential Records › Section 15.15.10.02 - Record Custodian

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to a custodian of public records as
				  defined by the State Government Article, §
									10-611, Annotated
				  Code of Maryland. For purposes of this chapter, a public record is defined by
				  State Government Article, §
									10-611, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.10 - Confidential Records › Section 15.15.10.03 - Confidentiality Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A public record subject to the Maryland Public Information
				  Act relating to a property owner's ranking, asking price, or offer by the
				  Maryland Agricultural Land Preservation Foundation under Agriculture Article,
				  §§
									2-501 -2-519, Annotated
				  Code of Maryland, is confidential. A custodian may not disclose the record
				  until the end of the Foundation's offer cycle as provided by this
				  chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.10 - Confidential Records › Section 15.15.10.04 - End of Offer Cycle; Duration of Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A public record subject to this chapter is available for
				  public inspection and disclosure at the end of an offer cycle. An offer cycle
				  for an individual applicant ends on the earlier of the following:
A. When an offer from the Maryland
				Agricultural Land Preservation Foundation is scheduled for review by the Board
				of Public Works; or
B. November 1
				of the year when offers are being made for an applicant pool.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.11 - Corrective Agricultural Land Preservation Easements › Section 15.15.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria and procedure for
				  entering into a corrective easement 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 15.15.11 - Corrective Agricultural Land Preservation Easements › Section 15.15.11.02 - 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 Subdivision.
(a) "Agricultural subdivision" means a
				division of land for an agricultural purpose.
(b) "Agricultural subdivision" includes the
				lease of any part or parts less than 100 percent of the total parts of the land
				for a term in excess of 20 years.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.11 - Corrective Agricultural Land Preservation Easements › Section 15.15.11.03 - Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval. The
				approval for a corrective easement 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. A request shall be reviewed to determine if the proposed
				corrective easement will either enhance or have no effect upon any agricultural
				operation being conducted upon the land. A corrective easement may be used to
				adjust boundary lines, resolve easement violations, or accommodate a plan that
				the Foundation has determined will benefit the agricultural operations on the
				land encumbered by an easement, and may include such other additional terms,
				conditions, waivers, or restrictions that the Foundation deems appropriate to
				protect the agricultural viability of the farm.
B. Form of Corrective Easement. A corrective
				easement may be titled "Amendment to Easement", "Amendment and Grant to
				Easement", or "Corrective Easement." A corrective easement may also take the
				form of an "Overlay Easement" when, in the opinion of the Foundation, the
				existing easement may not be amended because all necessary parties cannot be
				joined.
C. Boundary Line
				Adjustment.
(1) If the proposed corrective
				easement involves the adjustment of boundary lines and part of the land
				encumbered by the easement is to be released, then:
(a) An equal or greater amount of land of
				equal or better soil types shall be added to the land under easement;
(b) The value of the easement will not be
				diminished by the proposed exchange;
(c) The proposed exchange shall be approved
				by the Board of Public Works; and
(d) The landowner shall pay for the cost of
				all title work, title insurance premiums, surveys, and documentation necessary
				on both the land under easement and the land to be added by corrective
				easement.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.11 - Corrective Agricultural Land Preservation Easements › Section 15.15.11.04 - Easement Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the Foundation may consider a
				request for a corrective easement, a landowner shall submit the following:
(1) An application, completed and signed by
				each titled landowner to all of the land encumbered by the easement, which
				addresses the criteria in Regulation .03 of this chapter;
(2) An unmarked copy of the tax map or
				boundary survey which outlines the entire easement land;
(3) A second copy of the tax map which shall include
				the following:
(a) Boundaries of the easement
				land;
(b) If applicable, the
				location of the proposed change in boundary lines, and the amount of acreage
				involved; and
(c) Location of, and
				access to, all preexisting dwellings, lot exclusions, tenant houses, and farm
				buildings;
(4) A written
				statement from the landowner indicating:
(a)
				The reason for the request and an explanation of how the corrective easement
				will enhance or have no effect upon the agricultural operations;
(b) The name, address, email address, and
				telephone number of all landowners whose lands are involved in the request;
				and
(c) Who will pay for the costs
				of the transaction;
(5)
				A written statement from the county programadministrator describing:
(a) The current overall farm operation and
				whether the proposed corrective easement will enhance or will have no effect
				upon the agricultural operations; and
(b) If applicable, whether an exchange of
				land is permissible under county subdivision regulations;
				and
(6) A letter of
				recommendation from the local agricultural land preservation advisory
				board.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.11 - Corrective Agricultural Land Preservation Easements › Section 15.15.11.05 - Requirements upon Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				landowner may not proceed with plans pursuant to the approval until the
				corrective easement has been recorded among the land records in the county in
				which the land is located, unless the Foundation issues a letter permitting the
				landowner to proceed.
B. Boundary
				Line Adjustment.
(1) If the Foundation
				approves the request for corrective easement for boundary line adjustment, the
				landowner shall submit to the Foundation a survey plat, signed and sealed by a
				surveyor registered in the State of Maryland depicting the land area to be
				released from the easement, if any, and the land area to be encumbered by the
				easement, along with separate written metes and bounds descriptions of those
				areas. The Foundation has discretion to alter these survey and land description
				requirements on a case-by-case basis to suit the purposes of the proposed
				boundary line adjustment.
(2) If
				the Board of Public Works approves the request, the landowner shall remit funds
				in the amount and manner directed by the Foundation to cover the costs of the
				transaction as specified in Regulation .03 of this chapter and shall furnish
				such other documentation as directed by the Foundation.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.11 - Corrective Agricultural Land Preservation Easements › Section 15.15.11.06 - Administrative Approvals for Corrective Easements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following types of applications for
				corrective easements may be approved administratively because they are
				considered an accommodation of a plan to benefit the agricultural operation,
				and they either enhance or have no effect upon agricultural operations:
(1) Correction of Error. The proposed
				corrective easement involves the correction of an error in the legal
				description or some other clerical error contained in the easement.
(2) Waiver of Right to Request Termination. A
				landowner's application to waive the right to request termination under
				Agriculture Article, §
										2-514, Annotated Code of
				Maryland, and to amend the easement to so specify.
(3) Adoption of Current Easement Terms. A
				landowner's application to amend an existing easement to conform to the terms
				of the Foundation's current easement template.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.12 - Agricultural Subdivision › Section 15.15.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter explains the policy of the Maryland Agricultural
				  Land Preservation Foundation to regulate the subdivision of land encumbered by
				  an agricultural land preservation easement, including the criteria,
				  eligibility, and procedure for the approval of an agricultural subdivision of a
				  farm.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.12 - Agricultural Subdivision › Section 15.15.12.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
All of the land subject to an agricultural land preservation
				  easement acquired by the Foundation is considered to be one parcel of land even
				  if the total acreage comprises separately described parcels or
				  government-assigned tax parcels or accounts. Common ownership of parcels
				  constituting the farm fulfills the legislative intent to protect the future
				  productivity and profitability of Maryland farms. To preserve the integrity of
				  easement land, agricultural land preservation easements generally preclude a
				  landowner from dividing the farm into smaller parcels or conveying less than
				  the whole farm subject to easement without Foundation
				  approval.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.12 - Agricultural Subdivision › Section 15.15.12.03 - 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) "Agricultural purpose" means the use of
				land to:
(a) Provide sources of food and
				fiber; or
(b) Produce, process, or
				store agricultural products.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.12 - Agricultural Subdivision › Section 15.15.12.04 - Subdivision Prohibition

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Prohibition. Except as approved by the Foundation as provided by this chapter
				and in COMAR
				15.15.01.17C. and
				15.15.06.01".06, a landowner may
				not subdivide land encumbered by an easement, including the movement of
				interior boundary lines, or transfer or cause to be transferred, any part or
				parts separately from the total acreage of the land, voluntarily,
				involuntarily, by testamentary disposition, or by reason of foreclosure or
				bankruptcy.
B. Exception for
				Agricultural Subdivision. The Foundation may give written approval to a
				landowner's request for an agricultural subdivision of the land and separate
				ownership of the resulting divided parcels for reasons the Foundation considers
				sufficiently extraordinary to justify an exception to the prohibition against
				subdivision. The approval for an agricultural subdivision is not an absolute
				right of a landowner, and requests shall be reviewed by the Foundation on a
				case-by-case basis to determine if, in the Foundation's opinion:
(1) The proposed agricultural subdivision
				serves an agricultural purpose;
(2)
				The proposed agricultural subdivision will enhance or have no effect upon the
				agricultural operations being conducted upon the land; and
(3) The resulting divided parcels from the
				agricultural subdivision are able to sustain long-term agricultural production,
				independent of each other.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.12 - Agricultural Subdivision › Section 15.15.12.05 - Previously Unapproved Subdivision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Violation. The subdivision of land without
				Foundation approval is an easement violation.
B. Procedure. Upon discovery of an unapproved
				subdivision, the Foundation may either require that the land be restored to its
				original configuration or it may consider accepting a subdivision request from
				the owners of all of the resulting divided parcels. In its consideration of
				whether to accept a request for agricultural subdivision, the Foundation may
				rely on the recommendation of Foundation staff and the county program
				administrator. If the Foundation decides to accept a request for an
				agricultural subdivision, the owners of all of the resulting divided parcels
				shall submit an application with the documentation required by this chapter.
				The Foundation shall then determine if the subdivision qualifies for the
				exception to the subdivision prohibition as provided in this chapter. If the
				Foundation does not approve the agricultural subdivision, the land shall be
				restored to its original configuration under the easement.
C. Requirements. An approval of the
				agricultural subdivision shall require that the owners comply with all of the
				requirements of this chapter, but, if any of the resulting divided parcels of
				the subdivision are less than 50 acres, the Foundation may waive the 50-acre
				requirement if:
(1) At the time of the
				subdivision:
(a) The Foundation's regulations
				permitted the resulting divided parcels to be less than 50 acres; or
(b) The subdivision met the requirements of
				Regulation .04F of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 15 - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION › Chapter 15.15.12 - Agricultural Subdivision › Section 15.15.12.06 - Agricultural Subdivision Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Before the Foundation may consider a request for an
				  agricultural subdivision, a landowner shall submit the following:
A. An application, completed and signed by
				each titled landowner to all of the land encumbered by the easement, which
				addresses the criteria in Regulation .04 of this chapter;
B. An unmarked copy of the tax map or
				boundary survey which outlines the entire easement land;
C. A second copy of the tax map which shall
				include the following:
(1) Boundaries of the
				easement land;
(2) The location of
				the proposed line or lines of subdivision, and the amount of acreage each
				resulting divided parcel is proposed to contain; and
(3) The 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 15.15.12 - Agricultural Subdivision › Section 15.15.12.07 - Requirements upon Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				landowner may not proceed with plans pursuant to the approval until the
				corrective easements have been recorded among the land records in the county in
				which the land is situated, unless the Foundation issues a letter permitting
				the landowner to proceed.
B. If the
				Foundation approves the request, then the landowner:
(1) Shall submit to the Foundation, 10 copies
				of a survey plat, signed and sealed by a surveyor registered in the State of
				Maryland depicting the resulting divided parcels of the land, along with
				separate written metes and bounds descriptions of those resulting divided
				parcels; and
(2) Shall remit funds
				in the amount and manner directed by the Foundation to cover the costs of the
				transaction as specified in Regulation .04C and shall furnish such other
				documentation as directed by the Foundation.
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 15.15.13.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the criteria and eligibility
				  standards for the approval of a forest easement overlay on land subject to an
				  agricultural land preservation easement held by the Maryland Agricultural Land
				  Preservation Foundation (the Foundation).