(a) Permitted uses. The following activities are permitted on land under a State agricultural easement:
(1) any agricultural use of land;
(2) operation at any time of any machinery used in farm production or the primary processing of agricultural products;
(3) any normal agricultural operations performed in accordance with good husbandry practices which does not cause bodily injury or directly endanger human health; and
(4) sale of farm products at a farm market.
(b) Uses not permitted; release.
(1) Land under a State agricultural easement must not be subdivided or used for residential, commercial, or industrial purposes. However, the Foundation may approve, after receiving a written application, the release of any easement restriction for:
(A) the landowner who originally sold the easement, to use 1 acre or less to build one or more dwelling houses for the use only of that landowner or a child of the landowner, up to a maximum of 3 lots, subject to the requirements in Subtitle 5 of Title 2 of the Agriculture Article; and
(B) a landowner to build housing for one or more tenants who are fully engaged in operating the farm if the landowner meets the following requirements:
(i) the use must not exceed 1 tenant house for each 100 acres, unless the Foundation allows an exception in a case of compelling need;
(ii) the land where a tenant house is located must not be subdivided or conveyed to any person;
(iii) the tenant house must not be conveyed separately from the original parcel; and
(iv) any other requirement in Subtitle 5 of Title 2 of the Agriculture Article.
(2) Purchase of an agricultural easement by the Foundation does not grant the public any right of access or right to use the land included under the easement.
(3) Any land under a State agricultural easement must not be condemned for public use unless no other reasonable alternative is available. (2008 L.M.C., ch. 37, § 1.)