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ROBERT L. EHRLICH, JR., Governor
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Ch. 174
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(vi) The lot can be subdivided at any time and the location of the lot
to be subdivided is subject to the approval of the local agricultural advisory board and
the Foundation; and
(vii) If the property is transferred before the right to exclude the lot
has been exercised, the right may be transferred with the property.
(4) (i) Subject to the approval of the Foundation, a landowner may
construct housing for tenants fully engaged in operation of the farm.
(ii) Construction may not exceed 1 tenant house per 100 acres,
unless the Foundation grants an exception based on a showing of compelling need.
(iii) The land on which a tenant house is constructed may not be
subdivided or conveyed to any person. In addition, the tenant house may not be
conveyed separately from the original parcel.
(iv) The Foundation shall adopt regulations for the size and location
of tenant houses.
(5) Except as provided in paragraph (6) of this subsection, on request to
the Foundation, an owner may exclude from the easement restrictions 1 acre per each
single dwelling, which existed at the time of the sale of the easement, as an owner's,
children's, or unrestricted lot to which the owner is entitled under paragraph (2) of
this subsection, by a land survey and recordation provided at the expense of the
owner. However, before any exclusion is granted, an owner shall agree with the
Foundation not to subdivide further for residential purposes any acreage allowed to
be released. This agreement shall be recorded among the land records where the land
is located and shall bind all future owners.
(6) (i) The restrictions of paragraphs (2) and (5) of this subsection
concerning maximum lot sizes are altered so that the maximum lot size is 2 acres if:
1. Regulations adopted by the Department of the
Environment require THAT a minimum lot size for a dwelling house BE LARGER THAN
1-ACRE [of not less than 2 acres in areas where there is less than 4 feet of unsaturated
and unconsolidated soil material below the bottom of an on—site sewage disposal
system or in areas located within 2,500 feet of the normal water level of an existing or
proposed water supply reservoir]; or
2. Regulations adopted by the jurisdiction in which the land
is situated require that a lot for a dwelling house be larger than 1 acre.
(ii) For exclusions provided under paragraph (5) of this subsection,
the landowner shall pay the State for any acre or portion released in excess of the 1
acre per single dwelling that existed at the time of easement.
(7) THE RESTRICTIONS OF PARAGRAPHS (2) AND (5) OF THIS
SUBSECTION CONCERNING MAXIMUM LOT SIZES MAY BE WAIVED BY THE
FOUNDATION SO THAT THE MAXIMUM LOT SIZE IS 2 ACRES IF RECOMMENDED BY :
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- 873 -
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