Section 2-501 – “Child” Defined
In this subtitle, “child”: (1) Means a biological child, an adopted child, or a stepchild; and (2) Does not include a foster child, a grandchild, or a descendant more remote than a grandchild.
Section 2-501.1 – Legislative Intent
(a) It is the intent of the Maryland General Assembly to preserve agricultural land and woodland in order to: (1) Provide sources of agricultural products within the State for the citizens of the State; (2) Control the urban expansion which is consuming the agricultural land and woodland of the State; (3) Curb the spread of urban blight and deterioration; […]
Section 2-502 – Maryland Agricultural Land Preservation Foundation Established
There is a Maryland Agricultural Land Preservation Foundation in the Department. The Foundation has the powers and duties provided in this subtitle.
Section 2-503 – Board of Trustees
(a) (1) The Maryland Agricultural Land Preservation Foundation shall be governed and administered by a board of trustees composed of: (i) The State Treasurer, the Comptroller, the Secretary of Planning, and the Secretary, all of whom shall serve as ex officio members; (ii) Nine members from the State at–large to be appointed by the Governor, at least six of […]
Section 2-504 – General Powers of Foundation
The Maryland Agricultural Land Preservation Foundation has the following general powers: (1) To sue and be sued in contractual matters in its own name; (2) To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes; (3) To acquire, by gift, purchase, devise, bequest or grant, easements in gross or other […]
Section 2-504.1 – Agricultural Preservation Advisory Boards
(a) In each county containing productive agricultural land, the county governing body shall appoint an agricultural preservation advisory board. (b) (1) Except as provided in paragraphs (2) and (3) of this subsection, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be owner–operators of commercial farms who earn 50 percent or […]
Section 2-505 – Maryland Agricultural Land Preservation Fund
(a) The Maryland Agricultural Land Preservation Fund is created and continued for the purposes specified in this subtitle. (b) The Maryland Agricultural Land Preservation Fund shall comprise: (1) Any money made available to the Fund by general or special fund appropriations; (2) Any money made available to the Fund by grants or transfers from governmental or private sources; and […]
Section 2-506 – Annual Report to Governor and General Assembly
The Foundation on or before January 15 of each year, shall transmit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a report of the Foundation’s proceedings and activity for the preceding fiscal year, including an inventory of all easements or other interests in agricultural land and […]
Section 2-507 – Executive Director and Staff
The Maryland Agricultural Land Preservation Foundation shall employ an executive director and staff sufficient to carry out the purposes of this subtitle. The executive director shall be appointed by the Secretary upon recommendation of the board of trustees at-large. The salaries of the executive director and staff shall be as provided in the State budget.
Section 2-508 – Purchases of Agricultural Land Preservation Easements
(a) (1) For purposes of this subtitle the following words have the meanings indicated. (2) “Allotted purchases” means general or matching purchases made pursuant to offers to buy tendered by the Foundation on or before January 31 of any fiscal year. (3) “County” means any county containing productive agricultural land which is being actively farmed and which meets the […]
Section 2-508.1 – Disbursements to County Agricultural Land Preservation Programs
(a) If a county is certified by the Department of Planning under § 5–408 of the State Finance and Procurement Article as having established an effective county agricultural land preservation program, and if there is money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year, the county may apply to […]
Section 2-509 – Foundation Regulations and Procedures for Sale of Easements
(a) (1) The Foundation shall follow the provisions under this section for the easement application process. (2) The Foundation shall adopt regulations and procedures for: (i) Evaluation of land for which application is made to sell an easement; and (ii) Purchase of easements, including the purchase of easements under an installment purchase agreement. (b) Regulations and procedures adopted by the Foundation […]
Section 2-509.1 – Elimination of Districts as a Requirement for Easement Application Process
(a) Effective July 1, 2007, districts may not be a requirement for the easement application process to the Foundation. (b) (1) Except as provided in paragraph (2) of this subsection, as of June 30, 2012, all districts held by the Foundation shall be terminated and a landowner may not be bound to the terms of any Foundation district […]
Section 2-510 – Sale of Easement in Agricultural Land
(a) An owner of agricultural land whose application to sell an easement has been approved by the county under this subtitle may sell an easement to the Foundation on the contiguous acreage of the agricultural land, subject to the requirements of this subtitle and regulations of the Foundation. (b) In order to be considered by the Foundation, […]
Section 2-510.1 – Grant to Purchase Easement Under Certain Conditions
(a) The Foundation may make a grant to purchase an easement on a property selected by the Foundation to a county with a program, approved by the Foundation, to purchase easements using installment purchase agreements. (b) The Foundation may only approve a county’s installment purchase program if the program is used to purchase easements using installment purchase […]
Section 2-511 – Value of Easement
(a) Except as provided in subsection (e) of this section, the maximum value of any easement to be purchased shall be the asking price or the difference between the fair market value of the land and the agricultural value of the land, whichever is lower. (b) The fair market value of the land is the price as […]
Section 2-512 – Approval of Local Programs of Agricultural Land Preservation
(a) The Foundation may not approve matching allotted purchases of easements for land located in any county which has not secured approval from the Foundation for a local program of agricultural land preservation. (b) The Foundation may approve a local program of agricultural land preservation upon request of a county, provided that: (1) The county shall agree to […]
Section 2-513 – Use of Land for Which Easement Purchased
(a) Agricultural land preservation easements may be purchased under this subtitle for any land in agricultural use which meets the minimum criteria established under § 2–509 of this subtitle if the easement and county regulations governing the use of the land include the following provisions: (1) Any farm use of land is permitted. (2) Operation at any time […]
Section 2-513.1 – Authority of County to Deny Applications Under Local Land Use Regulations
(a) This section applies only to applications affecting land encumbered by a deed of easement created under this subtitle. (b) If the Foundation has not authorized approval of the application, a county may deny an application for: (1) A subdivision plat or plan; (2) A building permit, except for: (i) Improvements or accessories to an existing residence; or (ii) A farm […]
Section 2-514 – Termination of Easement
(a) (1) This section applies only to easements approved for purchase by the Board of Public Works on or before September 30, 2004. (2) All easements approved for purchase by the Board of Public Works on or after October 1, 2004, are perpetual and not eligible for termination. (b) An easement approved by the Board of Public Works on […]