(A) Conditions for establishment.
(1) To establish a district, a landowner shall:
(a) File a petition as provided under division (B) of this section; and
(b) If the petition is approved as provided under this regulation, execute a district agreement in the form prescribed by the county, 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:
1. The landowner agrees to keep the land in agricultural use in a district for, except as otherwise permitted by law, a minimum period of 3 years from the date the district agreement is recorded in the land records of the county;
2. The landowner agrees not to use the land for any commercial, industrial, or residential purpose, except as otherwise permitted by Md. Code, § 2-513;
3. The landowner agrees not to subdivide the land for any purpose unless the county first has approved the proposed subdivision and the subdivision is consistent with the policies and requirements of the Maryland Agricultural Land Preservation Foundation easement program; and
4. 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 county first has approved the proposed construction.
(2) The Maryland Agricultural Land Preservation Foundation will continue to process applications for the sale of easements on agricultural land under Md. Code, Title 15, Subtitle 15 and may only purchase an easement on land in a district.
(B) Petition for establishment.
(1) One or more owners of land actively devoted to agricultural use within the county may voluntarily file a petition with the county governing body requesting the establishment of an agricultural preservation district composed of the land owned by the petitioners.
(2) The petition shall include a general description of each land parcel including acreage and the current use of the land and shall be accompanied by a map or plat of each subject parcel at a scale no smaller than 1 inch equals 600 feet (copy of tax map will meet requirement).
(3) The petition also shall be accompanied by a district agreement for each subject parcel signed by the landowner or landowners.
(4) The petition and district agreement shall be submitted to the county governing body.
(C) Agricultural preservation district establishment - procedures.
(1) Referral of petition.
(a) Upon receipt of a petition to establish an agricultural preservation district, the county governing body shall refer the petition and accompanying materials to both the Agricultural Preservation Advisory Board and to the County Planning Commission.
(b) Within 60 days of the referral of a petition, the Agricultural Preservation Advisory Board shall inform the county governing body whether the land in the proposed district meets the qualifications established by the county under division (D) of this section, and whether the advisory board recommends establishment of the district.
(c) Within 60 days of the referral of a petition, the County Planning Commission shall inform the county governing body whether establishment of the district is compatible with existing and approved county plans, programs, and overall county policy, and whether the Planning Commission recommends establishment of the district. In the process of review, the County Planning Commission shall consider compatibility of district establishment with state and local plans and programs.
(2) If either the Agricultural Preservation Advisory Board or the Planning Commission recommends approval, the county governing body shall hold a public hearing on the petition. Adequate notice of the hearing shall be given to all landowners in the proposed district and to landowners adjacent to the proposed district. If neither body recommends approval of the petition, the local governing body shall deny the petition and notify the landowner or landowners stating the reasons for the denial.
(3) Approval of petition.
(a) Within 120 days after the receipt of the petition, the county governing body shall render a decision on whether the petition is approved.
(b) If the county governing body decides to approve the petition, this body shall so notify the Foundation.
(4) If the county governing body approves the petition, the agricultural preservation district shall be established by the county governing body. However, the establishment may not take effect until all parties have executed agricultural preservation district agreements and until these agreements have been recorded in the land records of the county. The county shall record the agreements.
(5) The establishment of a district does not grant the public any right of access or right of use of subject properties.
(D) Agricultural preservation districts - qualifying criteria.
(1) Productive capability criteria.
(a) Agricultural preservation districts shall consist of land that is either used primarily for the production of food or fiber or is of such open space character and productive capability that continued agricultural production is feasible.
(b) Soils criteria:
1. The majority of the land area of any district shall consist of U.S.D.A. Soil Capability Classes I, II and III;
2. The majority of the land area of any district shall consist of U.S.D.A. Woodland Groups 1 and 2 which are applied to wooded areas only;
3. The majority of the land area of any district less the acreage contained within the 100-year floodplain as delineated on Flood Hazard Boundary Maps produced by the Federal Emergency Management Administration and state or federal designated wetlands shall consist of U.S.D.A. Soil Capability Classes I, II and III on cropland and pasture or Woodland Groups 1 and 2 on wooded areas only;
4. A minimum of 60% of the land area of any district shall consist of U.S.D.A. Soil Capability Classes I, II and III on cropland and pasture and Woodland Groups 1 and 2 on woodland areas; or
5. A minimum of 60% of the land area of any district less the acreage contained within the 100-year floodplain and state or federal wetlands shall consist of U.S.D.A. Soil Capability Classes I, II, and III on cropland and pasture and Woodland Groups 1 and 2 on wooded areas.
(c) Exceptions to division (D)(l)(b)1. - 5. of this section may include land areas of lower soil capabilities, but with a rating similar to Classes I, II and III on cropland and pasture and Woodland Groups I and II on woodland areas. Land with lower soil capabilities may qualify to be in a district if the soils on the applicant's farm otherwise comply with all the requirements of this section and the applicant submits to the county a letter from the appropriate U.S. Department of Agriculture district conservationist that states that the soils on the applicant's farm have a cropland or pasture rating similar to Classes I, II and III, or Woodland Groups I and II. Farm areas with extensive specialized production, including but not limited to dairying livestock, poultry, fruit or berry production may also be considered by the county to be included in a district.
(2) District size criteria. An agricultural preservation district shall be 50 contiguous acres. However, a parcel of less than 50 acres may qualify as a district if:
(a) It adjoins a 50 acre parcel which has been approved by the county as an agricultural preservation district;
(b) It is added to 1 or more adjoining parcels which together have been approved by the county as agricultural preservation districts;
(c) The land has extraordinary agricultural capability as provided by division (D)(5) of this section and is of significant size; or
(d) It adjoins land subject to a recorded instrument which permits agricultural activities and contains restrictions that are the same as or more stringent than those found in the Foundation's deed of easement and the collective mass of these lands total at least 50 acres.
(3) Location criteria. Land within the boundaries of a 10-year water and sewerage service district may be included in an agricultural preservation district only if that land is outstanding in productivity and is of significant size. Note: Refer to County Water and Sewerage Plan.
(4) Agricultural land which is otherwise qualified for district establishment and is comprised predominantly of land of lower general capability also may meet minimum qualifying criteria if the following conditions are met to the satisfaction of the county.
(a) The Agricultural Preservation Advisory Board of the county shall obtain general information from the Agricultural Extension Agent and specific written information from the soil conservation district in the county, and such other sources as might be applicable, addressing the long-term productivity of the land and farm management practices, and shall forward this documentation to the local governing body; and
(b) The Agricultural Preservation Advisory Board shall state in its recommendations, with the advice of the applicable soil conservation district, that an approved soil conservation plan is being implemented.
(5) For the purpose of this chapter, land has "extraordinary agricultural capability" if it:
(a) Has a soil conservation plan approved by a local soil conservation district, fully implemented according to a schedule in the plan;
(b) Is located in an area designated by the county for agricultural preservation;
(c) Is recommended by the majority of the local advisory board after an on-site inspection is conducted by 1 or more members; and
(d) Meets either of the following:
1. Has at least 60% of the land area consisting of U.S.D.A. Soil Capability Classes I, II and III, or U.S.D.A. Woodland Groups 1 and 2 which are applied to wooded areas only; or
2. Has a minimum of 72% of the land area less any acreage included within the 100-year floodplain and less any acreage included in state or federal wetlands consisting of a combination of U.S.D.A. Soils, Class I, II and III on cropland and pasture and Woodland Groups 1 and 2 on wooded areas.
(E) Additions to existing districts. The procedures for adding land to existing districts shall be the same as for the initial establishment of districts. There are no minimum size criteria for the addition of land parcels contiguous to an agricultural preservation district.
(F) Exclusion of lots in districts.
(1) A landowner may request to have excluded from a district certain portions of the owner's property, constituting lots of either 1 acre or less, or when permitted, 2 acres or less if the purpose for excluding the property is to construct a dwelling house for the owner or the owner's children.
(2) A landowner may request to have up to 3 building lots excluded from a district. The number of lots allowed to be excluded shall be computed based upon the total farm acres at the rate of 1 lot for 20 to 69.99 acres; 2 lots for 70 to 119.99 acres; and 3 lots for over 120 acres.
(3) In reviewing the landowner's request, the county shall examine the:
(a) Location of the lot to be excluded; and
(b) Potential impact the lot's exclusion may have on the agricultural use of the remaining property.
(G) Continuation of districts. Agricultural districts shall continue in effect indefinitely unless terminated in accord with any of the procedures provided in § 163.04.
(H) Access. In determining questions about easements, rights-of-way, licenses, and other similar servitudes in land subject to a district agreement, the county shall follow the same rules that are applicable to the establishment of these servitudes in land subject to a preservation easement set forth under Regulation 17F of COMAR, Title 15, Department of Agriculture, Subtitle 15, Chapter 01.
(Res. 2009-1, passed 1-13-2009)