574

LAWS OF MARYLAND

Ch. 157

(a) In this subtitle the following words have the meanings
indicated.

(f) "Project" means a project to prevent or control
agriculturally related nonpoint source water pollution by
establishing best management practices on a farm.

8-704.

(a) (1) State cost sharing in any project may be made
available for up to 87 1/2 percent of eligible costs, not to
exceed $5,000 in any one project or $10,000 for best management
practices carried out under a pooling agreement.

(2)   State cost sharing funds may be made available
for any project if:

(i) The Department of Agriculture, the soil
conservation district, and a person have executed an agreement
which, among other things, obligates the person to establish,
construct, or install the best management practice in accordance
with technical specifications, to maintain the best management
practice for its expected life span and to so bind any successor
in title, and to provide the required matching funds for the
project;

(ii) The Board of Public Works has given
approval to the project when the proceeds of State bonds are to
be used to finance the State share; and

(iii) The soil conservation district has
certified to the Department that the project meets all applicable
technical standards, and that all submitted invoices properly
represent eligible costs.

(3)  Before the Department of Agriculture executes a
cost sharing agreement with a farm tenant, it shall obtain the
consent of the landlord to the terms and conditions of the
agreement. The Department may also require the granting to the
State of an appropriate security interest in any equipment,
structures or similar items purchased with State moneys.

(4)  A cost sharing agreement executed as required
under this subtitle may be assigned and transferred to a
successor in title of all or part of a tract of land subject to a
best management practice.

(5)   [A memorandum of the cost sharing agreement shall
be recorded in each county where the land is located under §§
3-102 and 3-103 of the Real Property Article of the Code.

(6)] State general funds may not be used as cost
sharing funds under this subtitle.