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ROBERT L. EHRLICH, JR., Governor Ch. 289
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(1) the proposed county program for the purchase of development rights
or financial enhancements related to the purchase of development rights is likely to
be successful; [and]
(2) [either:
(i) local expenditures prior to July 1, 1990, for the purchase of
development rights or financial enhancements related to the purchase of development
rights have equaled or exceeded the additional funds that will be available to the
county as a result of certification; or
(ii)] the county has committed to spend additional local funds for the
purchase of development rights or enhancements related to the purchase of
development rights in an amount equal to or exceeding the amount of the additional
funds that will be available as a result of certification; AND
(3) BEGINNING IN FISCAL YEAR 2009:
(I) THE COUNTY'S PRIORITY PRESERVATION AREA HAS BEEN
ESTABLISHED IN ACCORDANCE WITH § 2-518 OF THE AGRICULTURE ARTICLE; AND
(II) THE COUNTY'S PRIORITY PRESERVATION AREA ELEMENT IN
THE COMPREHENSIVE PLAN MEETS THE REQUIREMENTS SET FORTH IN SUBSECTION
(F) OF THIS SECTION.
(D) (F) THE DEPARTMENT AND THE FOUNDATION MAY NOT CERTIFY A
PRIORITY PRESERVATION AREA OF A COUNTY UNDER THIS SECTION UNLESS THE
DEPARTMENT AND THE FOUNDATION AGREE THAT THE COUNTY'S COMPREHENSIVE
PLAN:
(1) ESTABLISHES APPROPRIATE GOALS FOR THE AMOUNT AND TYPES
OF AGRICULTURAL RESOURCE LAND TO BE PRESERVED IN THE PRIORITY
PRESERVATION AREA;
(2) DESCRIBES THE KINDS OF AGRICULTURAL PRODUCTION THE
COUNTY INTENDS TO SUPPORT AND THE AMOUNT OF DEVELOPMENT THE COUNTY
INTENDS TO ALLOW;
(3) INCLUDES MAPS SHOWING THE COUNTY'S PRIORITY PRESERVATION
AREA;
(4) DESCRIBES THE PRIORITY PRESERVATION AREA IN THE CONTEXT OF
THE COUNTY'S GROWTH MANAGEMENT PLANS;
(5) DESCRIBES THE WAY IN WHICH PRESERVATION GOALS WILL BE
ACCOMPLISHED IN THE PRIORITY PRESERVATION AREA, INCLUDING THE COUNTY'S
STRATEGY TO:
(I) PROTECT LAND FROM DEVELOPMENT THROUGH ZONING;
(II) PRESERVE THE DESIRED AMOUNT OF LAND WITH PERMANENT
EASEMENTS; AND
- 1627 -
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