3270

LAWS OF MARYLAND

Ch. 715

(4)  AN AGRICULTURAL PRESERVATION DISTRICT SHALL
REMAIN IN FORCE FOR A MINIMUM OF 8 YEARS. MEMBERS OF THE
DISTRICT WHO HAVE NOT CONVEYED ANY DEVELOPMENT OPTIONS MAY
WITHDRAW THEIR LAND BY GIVING THE BOARD A 1-YEAR NOTICE,
PROVIDING THE PARCEL TO BE WITHDRAWN HAS BEEN IN THE DISTRICT A
MINIMUM OF 8 YEARS. IN THE EVENT OF WITHDRAWALS FROM AN
AGRICULTURAL PRESERVATION DISTRICT, THE REMAINING PROPERTY OWNERS
MAY RETAIN THE DISTRICT REGARDLESS OF ACREAGE.

(5)  THE BOARD SHALL PROMOTE AN OPEN ENROLLMENT
PROGRAM ANNUALLY TO ATTRACT NEW LANDOWNERS TO JOIN EXISTING OR
NEW AGRICULTURAL PRESERVATION DISTRICTS.

(E)  THE BOARD MAY ACCEPT AND USE GIFTS AND PUBLIC OR
PRIVATE GRANTS FOR THE EXERCISE OF ITS FUNCTIONS. THE BOARD MAY
EXPEND THE COUNTY SHARE OF DEVELOPMENT TAX REVENUES AND ANY OTHER
FUNDS WHICH MAY BE PROVIDED BY THE COUNTY COMMISSIONERS, WITH THE
APPROVAL OF THE COUNTY COMMISSIONERS, FOR FURTHERANCE OF THE
PROGRAM TO INCLUDE:

(1)  THE PURCHASE OF DEVELOPMENT OPTIONS UNDER
PROVISIONS OF THE COUNTY AGRICULTURAL LAND PRESERVATION PROGRAM;

(2)  USE AS MATCHING FUNDS FOR COUNTY PARTICIPATION IN
THE STATE AGRICULTURAL LAND PRESERVATION PROGRAM;

(3)  USE FOR PURCHASE OF EASEMENTS TO PROTECT
SPECIFICALLY DESIGNATED PRIME AGRICULTURAL AREAS AND. AGRICULTURAL
PRESERVATION DISTRICTS; AND

(4)  USE FOR PURCHASE OF FARMLAND STRATEGICALLY
LOCATED WITH REFERENCE TO ESTABLISHED AGRICULTURAL PRESERVATION
DISTRICTS. THE LAND PURCHASED SHALL BE PLACED IN THE
AGRICULTURAL PRESERVATION DISTRICT AND THE COUNTY COMMISSIONERS,
WITH THE ADVICE OF THE BOARD, MAY SELL THE LAND AND THE
DEVELOPMENT OPTIONS.

(F)  THE COUNTY COMMISSIONERS MAY APPROPRIATE, FROM THE
COUNTY GENERAL FUNDS, MONEY FOR USE BY THE AGRICULTURAL
PRESERVATION ADVISORY BOARD FOR IMPLEMENTATION AND FURTHERANCE OF
THE COUNTY AND STATE AGRICULTURAL LAND PRESERVATION PROGRAMS.

(G)  THE FINANCIAL ACCOUNTS OF THE BOARD SHALL BE AUDITED
ANNUALLY AND ALL AUDIT EXPENSES SHALL BE PAID BY THE COUNTY
COMMISSIONERS.

12-103. LOCAL ORDINANCES; EMINENT DOMAIN; SPECIAL ASSESSMENTS.

(A)  LOCAL ORDINANCES INCONSISTENT WITH NORMAL EFFICIENT
AGRICULTURAL OR FORESTRY PRACTICES MAY NOT BE ENACTED OR ENFORCED
IN THE AGRICULTURAL PRESERVATION DISTRICT.

(B)  WITHIN AN AGRICULTURAL PRESERVATION DISTRICT, THE RIGHT
OF EMINENT DOMAIN IS LIMITED TO THOSE RARE INSTANCES WHERE NO
OTHER VIABLE ALTERNATIVE EXISTS.