HARRY HUGHES, Governor

3269

12-102. AGRICULTURE PRESERVATION ADVISORY BOARD.

(A)  (1) THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT AN
AGRICULTURAL PRESERVATION ADVISORY BOARD CONSISTING OF 5 MEMBERS,
AT LEAST 3 OF WHOM SHALL BE OWNER OPERATORS OF COMMERCIAL FARMS
WHO EARN 51 PERCENT OR MORE OF THEIR INCOME FROM FARMING.

(2) THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT 1
OR MORE ALTERNATE MEMBERS FOR THE AGRICULTURAL PRESERVATION
ADVISORY BOARD WHO MAY BE EMPOWERED TO SIT ON THE BOARD IN THE
ABSENCE OF ANY MEMBER OF THE BOARD. A QUORUM FOR MEETINGS IS 3
MEMBERS OF WHOM NO MORE THAN 1 SHALL BE AN ALTERNATE.

(B)  ONE MEMBER OF THE BOARD SHALL BE A RESIDENT OF EACH
ELECTION DISTRICT.

(C) (1) THE TERM OF A MEMBER IS 5 YEARS.

(2)  THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON JULY 1, 1985.

(3)  AT THE END OF A TERM, A MEMBER CONTINUES TO SERVE
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.

(4)  A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS
APPOINTED AND QUALIFIES.

(5)  A MEMBER MAY NOT SERVE FOR MORE THAN 2
CONSECUTIVE FULL TERMS.

(D)  THE BOARD SHALL ACCEPT AND APPROVE OR REJECT ALL
APPLICATIONS, PROMULGATE REGULATIONS, AND DEVELOP PROCEDURES FOR
THE FORMATION OF AGRICULTURAL PRESERVATION DISTRICTS AND
DESIGNATED AGRICULTURAL AREAS SUBJECT TO THE PROVISIONS OF THIS
SUBTITLE. THE REGULATIONS SHALL INCLUDE THE FOLLOWING:

(1)  THE MINIMUM ACREAGE PERMITTED TO JOIN AN
AGRICULTURAL PRESERVATION DISTRICT IS 10 ACRES THAT ARE ACTIVELY
DEVOTED TO AGRICULTURAL OR FOREST USE. HOWEVER, THE BOARD MAY
ADMIT PARCELS OF LESS THAN 10 ACRES THAT ARE CONTIGUOUS TO AN
AGRICULTURAL PRESERVATION DISTRICT AND ARE IN A DESIGNATED
AGRICULTURAL AREA.

(2)  AGRICULTURAL PRESERVATION DISTRICT BOUNDARIES
SHOULD FOLLOW AS CLOSELY AS POSSIBLE, EXISTING PHYSICAL
SEPARATIONS, SUCH AS STREAMS, VALLEYS, ROADS, ETC.

(3)  THE MINIMUM REQUIREMENT TO FORM AN AGRICULTURAL
PRESERVATION DISTRICT IS 300 ACRES OF CONTIGUOUS LAND OR 500
ACRES OF NONCONTIGUOUS LAND. HOWEVER, AFTER THE FORMATION OF AN
AGRICULTURAL PRESERVATION DISTRICT, THE BOARD SHALL ACCEPT ALL
APPLICATIONS OF 10 OR MORE ACRES DURING THE OPEN ENROLLMENT
PERIOD AND SHALL EXPAND THAT DISTRICT ACCORDINGLY.