4160

VETOES

TO MAKE APPLICATION ON A STANDARD FORM PROVIDED BY THE DEPARTMENT
UNDER OATH OR AFFIRMATION THAT THE MATTERS AND FACTS STATED IN
THE APPLICATION ARE TRUE TO THE BEST OF THE APPLICANT'S
KNOWLEDGE, INFORMATION, AND BELIEF. THE APPLICANT MAY BE
REQUIRED TO PROVIDE COPIES OF SALES RECEIPTS OR INVOICES, LEASE
AGREEMENTS, OR OTHER DOCUMENTS AS REQUIRED BY THE DEPARTMENT TO
CERTIFY THE NATURE OR TYPE OF AGRICULTURAL ACTIVITY AND THAT THE
AVERAGE ANNUAL GROSS INCOME IS OR WOULD BE $2,500 OR MORE. THE
APPLICATIONS SHALL BE FILED ON OR BEFORE THE FOLLOWING DATES:

1.  FOR LAND RECEIVING THE AGRICULTURAL
USE ASSESSMENT, THE JANUARY 1 OF THE FIRST YEAR OF THE TRIENNIAL
ASSESSMENT CYCLE AS DEFINED IN § 14(B)(1) OF THIS ARTICLE.

2.  FOR LAND NOT RECEIVING THE
AGRICULTURAL USE ASSESSMENT, THE JANUARY 1 IMMEDIATELY PRECEDING
THE TAXABLE YEAR IN WHICH THE USE ASSESSMENT IS SOUGHT.

(VI)  IN DETERMINING WHETHER LANDS WHICH APPEAR
TO BE ACTIVELY DEVOTED TO FARM OR AGRICULTURAL USE ARE IN FACT
BONA FIDE FARMS AND IN ADMINISTERING THE PROVISIONS OF
SUBPARAGRAPH (D) THIS SUBSECTION (B) OF THIS SECTION, THE
DIRECTOR SHALL, FROM TIME TO TIME, CONSULT WITH THE SECRETARY OF

THE DEPARTMENT OF AGRICULTURAL FOR THE STATE OF MARYLAND

AGRICULTURE, OTHER OFFICIALS OF THIS STATE KNOWLEDGEABLE IN
PERTINENT AREAS RELATED TO AGRICULTURE, REPRESENTATIVES OF THE
AGRICULTURAL COMMUNITY, OFFICIALS OF COUNTY OR MUNICIPAL
GOVERNMENTS IN THIS STATE, AND OTHER PERSONS AS DETERMINED BY THE
DIRECTOR.

(VII)  THE GROSS INCOME PROVISIONS OF THIS
PARAGRAPH (B)(1) DO NOT APPLY IN THE FOLLOWING INSTANCES:

1.  LAND WHICH RECEIVED THE AGRICULTURAL
USE ASSESSMENT ON JULY 1, 1984 PURSUANT TO THE PROVISIONS OF THIS
§ 19(B) IN EFFECT PRIOR TO THIS ACT OR RULES OR REGULATIONS OF
THE DEPARTMENT; PROVIDED THE LANDOWNER IS 70 YEARS OF AGE OR
OLDER AND MAKES APPLICATION TO THE DEPARTMENT PRIOR TO JULY 1,
1985. HOWEVER, THIS EXEMPTION FROM THE GROSS INCOME REQUIREMENT
SHALL BE ALLOWED FOR ONLY 2 CONSECUTIVE 3-YEAR PERIODS.

2.  LAND WHICH RECEIVES THE AGRICULTURAL
USE ASSESSMENT AND THE LANDOWNER BECOMES DISABLED PREVENTING THE
CONTINUATION OF THE AGRICULTURAL ACTIVITY OR USE FOR WHICH THE
LAND HAD QUALIFIED FOR THE USE ASSESSMENT; PROVIDED THAT THE
LANDOWNER SHALL APPLY TO THE DEPARTMENT FOR THIS EXEMPTION FROM
THE GROSS INCOME REQUIREMENT AND THAT THE EXEMPTION SHALL BE
ALLOWED FOR ONLY 2 CONSECUTIVE 3-YEAR PERIODS.

3. FAMILY FARM UNITS WHEN THE LAND IS
ACTIVELY DEVOTED TO AGRICULTURAL USE.

(2) The following lands are not [subject to the
provisions of] ELIGIBLE TO RECEIVE THE AGRICULTURAL USE