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3409
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MARVIN MANDEL, Governor
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THE COUNTY.
(D) LOCAL PROGRAMS SHALL BE APPROVED UPON THE
AFFIRMATIVE VOTE OF A MAJORITY OF THE BOARD MEMBERS
AT-LARGE, AND UPON APPROVAL OF THE SECRETARY AND THE
STATE TREASURER.
2-513.
(A) AGRICULTURAL LAND PRESERVATION EASEMENTS MAY
BE PURCHASED UNDER THIS SUBTITLE FOR ANY LAND IN
AGRICULTURAL USE WHICH MEETS THE MINIMUM CRITERIA
ESTABLISHED UNDER SECTION 2-509 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 OF ANY MACHINERY
USED IN FARM PRODUCTION OR THE PRIMARY PROCESSING OF
AGRICULTURAL PRODUCTS IS PERMITTED.
(3) ALL NORMAL AGRICULTURAL OPERATIONS
PERFORMED IN ACCORDANCE WITH GOOD HUSBANDRY PRACTICES
WHICH DO NOT CAUSE BODILY INJURY OR DIRECTLY ENDANGER
HUMAN HEALTH ARE PERMITTED INCLUDING, BUT NOT LIMITED
TO, SALE OF FARM PRODUCTS PRODUCED ON THE FARM WHERE SUCH
SALES ARE MADE.
(B) THE EASEMENT SHALL PROVIDE THAT RESIDENTIAL
SUBDIVISION FOR COMMERCIAL PURPOSES IS NOT PERMITTED.
HOWEVER, UPON WRITTEN APPLICATION TO THE FOUNDATION
CONVEYANCE OF ONE ACRE OR LESS FOR THE OWNER WHO
ORIGINALLY SOLD AN EASEMENT TO THE FOUNDATION AND FOR
EACH OF HIS CHILDREN FOR THE PURPOSE OF CONSTRUCTION OF
ONE DWELLING HOUSE INTENDED FOR HIS OR THEIR USE SHALL BE
PERMITTED ONE TIME ONLY FOR THE THAT OWNER AND EACH
CHILD, AND DOES NOT CONSTITUTE A RESIDENTIAL SUBDIVISION
FOR COMMERCIAL PURPOSES. THE OWNER ALSO MAY CONSTRUCT
HOUSING FOR TENANTS FULLY ENGAGED IN OPERATION OF THE
FARM, BUT THIS CONSTRUCTION MAY NOT EXCEED ONE TENANT
HOUSE PER 100 ACRES.
(C) PURCHASE OF AN EASEMENT BY THE FOUNDATION DOES
NOT GRANT THE PUBLIC ANY RIGHT OF ACCESS OR RIGHT OF USE
OF THE SUBJECT PROPERTY.
(D) ANY EASEMENT PURCHASED UNDER THIS SUBTITLE
SHALL BE HELD IN PERPETUITY BY THE FOUNDATION.
2-514.
(A) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT
THE EASEMENT PURCHASED UNDER THIS SUBTITLE BE HELD BY THE
FOUNDATION FOR AS LONG AS PROFITABLE FARMING IS FEASIBLE
ON THE LAND UNDER EASEMENT, AND AN EASEMENT MAY BE
TERMINATED ONLY IN THE MANNER AND AT THE TIME SPECIFIED
IN THIS SECTION.
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