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H.B. 1334 VETOES
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in
Section 3 of this Act, this Act shall take effect July 1, 2005.
Article—Agriculture
2-517.
(A) (1) THE MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION
AND THE DEPARTMENT OF PLANNING SHALL ESTABLISH A CRITICAL FARMS
PROGRAM.
(2) THE PURPOSE OF THE PROGRAM IS TO PROVIDE INTERIM OR
EMERGENCY FINANCING FOR THE ACQUISITION OF AGRICULTURAL PRESERVATION
EASEMENTS ON CRITICAL FARMS THAT WOULD OTHERWISE BE SOLD FOR
NONAGRICULTURAL USES.
(B) (1) A COUNTY SHALL DETERMINE IF A PROPERTY QUALIFIES FOR THE
CRITICAL FARMS PROGRAM IN ACCORDANCE WITH THE CRITERIA DEVELOPED
UNDER PARAGRAPH (2) OF THIS SUBSECTION.
(2) (I) THE FOUNDATION AND THE DEPARTMENT SHALL DEVELOP
CRITERIA FOR COUNTIES TO CONSIDER WHEN DETERMINING WHETHER A PROPERTY
QUALIFIES FOR THE PROGRAM.
(II) THE CRITERIA SHALL INCLUDE:
1. THE QUALIFYING STRATEGIC CHARACTERISTICS OF THE
PROPERTY, INCLUDING LOCATION AND PRODUCTIVITY;
2. THE CIRCUMSTANCES CREATING THE RISK OF THE
PROPERTY BEING SOLD FOR NONAGRICULTURAL PURPOSES;
3. WHEN APPLICABLE, THE CHARACTERISTICS OF THE
PURCHASER OF STRATEGIC FARMLAND SEEKING ASSISTANCE FROM THE PROGRAM;
4. THE CONSISTENCY OF THE PROPOSED ACQUISITION WITH
COUNTY GOALS AND PRIORITIES AND THE COUNTY'S PRIORITY PRESERVATION AREA;
AND
5. EVALUATION OF THE PROPERTY AS A PRIORITY
EASEMENT ACQUISITION.
(C) THE MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION AND
THE DEPARTMENT OF PLANNING MAY JOINTLY ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland
Agricultural Land Preservation Foundation shall conduct a thorough study of the
options available for funding the Critical Farms Program established in accordance
with § 2-517 of the Agriculture Article, as enacted by Section 1 of this Act, and submit
a report to the Governor and General Assembly, in accordance with § 2-1246 of the
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