HARRY HUGHES, Governor 1899
(d) The board shall accept and approve or reject all
applications, promulgate rules and regulations, and develop
procedures for the formation of agricultural preservation
districts and designated agricultural areas subject to the
provisions of this subtitle. The rules and regulations
shall include the following:
(1) The minimum acreage permitted to join an
agricultural preservation district is [ten] 10 acres that
are actively devoted to agricultural or forest use.
However, the board may admit parcels of less than [ten] 10
acres that are contiguous to an agricultural preservation
district and are in a designated agricultural area.
(2) Agricultural preservation district
boundaries should follow as closely as possible, existing
physical separations, such as streams, valleys, roads, etc.
(3) The minimum requirement to form an
agricultural preservation district is 300 acres of
contiguous land or 500 acres of noncontiguous land.
However, after the formation of an agricultural preservation
district, the board shall accept all applications of [ten]
10 or more acres during the open enrollment period and shall
expand that district accordingly.
(4) An agricultural preservation district shall
remain in force for a minimum of [eight] 8 years. Members
of the district who have not conveyed any development
options may withdraw their land by giving the board a [one]
1—year notice, providing the parcel to be withdrawn has been
in the district a minimum of [eight] 8 years. In the event
of withdrawals from an agricultural preservation district,
the remaining property owners may retain the district
regardless of acreage.
(5) The board shall promote an open enrollment
program annually to attract new landowners to join existing
or new agricultural preservation districts.
276.
(a) Local ordinances inconsistent with normal
efficient agricultural or forestry practices may not be
enacted or enforced in the agricultural preservation
district.
(b) Within an agricultural preservation district, the
right of eminent domain is limited to those rare instances
where no other viable alternative exists.
(c) Within an agricultural preservation district,
special assessments may not be permitted for the support of
any public service including, BUT NOT LIMITED TO, water and
sewer service.
277.
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