(A) Generally.
(1) Short title. This section shall be known and may be cited as the Garrett County Right to Farm Ordinance.
(2) Applicability. This section shall apply to all land lying within the county which is assessed by the Department of Assessment and Taxation as agricultural land or forest land. This section is not intended to and shall not be construed as in any way modifying or abridging local, state and federal laws, including, but not limited to, laws relating to nuisance, health, safety, trespass onto agricultural property, zoning, licensing requirements, environmental standards (including those standards which relate to air and water quality and pesticide use), and the like.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL LAND. All real property within the boundaries of the county that is carried on the tax rolls of the State Department of Assessments and Taxation as agricultural or forestry or all other land that is currently used for agricultural operations and been used as an agricultural operations continuously for at least 1 year
AGRICULTURAL OPERATION. Includes, but is not limited to, all matters set forth in the definition of “operation” in Md. Code, § 5-403(c), Courts and Judicial Proceedings Article, as amended from time to time; the production of all matters encompassed within the definition of “farm product” at Md. Code, § 10-601(c), Agriculture Article, as amended from time to time; the cultivation and tillage of the soil; dairying, the spreading of manure, lime, fertilizer and the like; composting; spraying; producing; irrigating, protecting from frost, cultivating, growing, harvesting and processing of any agricultural crops or commodities; including viticulture, horticulture, timber or apiculture, raising fish or poultry and other fowl; production of eggs; production of milk and dairy products; production of livestock, including pasturage; fur bearing animals, production of bees and their products; production of fruit, vegetables and other horticultural crops; production of aquatic plants; aquaculture; production of timber; and any commercial agricultural practices or procedure performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market; usage of land in furtherance of educational and social goals (including, but not limited to 4-H clubs and Future Farmers of America), agro-tourism and alternative agricultural enterprises; and the like.
FARM USE. Any use of land which directly contributes to the production, processing or storage of agricultural products.
GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES. Those methods used in connection with agricultural operations which do not violate applicable federal, state or local laws or public health, safety and welfare and which are generally accepted practices in the agricultural industry. GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES include practices which are recognized as generally accepted management practices and those methods which are authorized by various governmental agencies, bureaus, and departments, such as the Cooperative Extension Service of the University of Maryland, the Garrett Soil Conservation Districts, and the like. If no GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICE exists or there is no method authorized by those agencies mentioned herein which governs a practice, the practice is presumed to be a generally accepted agricultural management practice.
(C) Protection of agricultural uses.
(1) Permitted uses. The following land use provisions shall apply to all agricultural land in the county:
(a) Any farm use of land is permitted.
(b) Operation at any time of machinery used in farm production or the primary processing of agricultural products is permitted.
(c) Normal agricultural operations performed in accordance with good husbandry practices and generally accepted agricultural management practices which do not cause bodily injury or directly endanger human health, are permitted and preferred activities including activities which may produce normal agriculturally-related noise and odors.
(d) The sale of farm products produced on the farm where the sales are made is permitted.
(2) Precedence over zoning. In the event of conflict, regarding permitted types of land use, between this section and any zoning ordinance adopted by the county, the provisions in division (A) shall take precedence.
(Ord. —, passed 10-2-2001)