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Session Laws, 1986
Volume 768, Page 2120   View pdf image
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2120                                          LAWS OF MARYLAND                                      Ch. 603

(3) "IMMEDIATE FAMILY" MEANS A FATHER, MOTHER, SON,
DAUGHTER, GRANDFATHER, GRANDMOTHER, GRANDSON, OR GRANDDAUGHTER.

(B) NOTWITHSTANDING DENSITY LIMITATIONS ESTABLISHED IN
CRITERIA OF THE COMMISSION, AS PART OF ITS LOCAL PROGRAM, A LOCAL
JURISDICTION MAY SUBMIT PROVISIONS BY WHICH AN OWNER OF A PARCEL
OF LAND IN THE RESOURCE CONSERVATION AREA IS MAY BE PERMITTED TO
MAKE BONA FIDE INTRAFAMILY TRANSFERS.

(C) IF A LOCAL JURISDICTION INCLUDES PROVISIONS FOR BONA
FIDE INTRAFAMILY TRANSFERS AS PART OF ITS LOCAL PROGRAM, THE
LOCAL JURISDICTION SHALL PERMIT A BONA FIDE INTRAFAMILY TRANSFER
TO BE MADE ONLY FROM PARCELS OF LAND THAT:

(1) WERE OF RECORD ON MARCH 1, 1986; AND

(2) ARE 7 ACRES OR MORE AND LESS THAN 60 ACRES IN
SIZE.

(D) A BONA FIDE INTRAFAMILY TRANSFER FROM A PARCEL OF LAND
SHALL BE A SUBDIVISION OF THE PARCEL OF LAND THAT IS SUBJECT TO
LOCAL APPROVAL UNDER "THE SUBDIVISION CONTROL" SUBTITLE OF
ARTICLE 66B, UNDER TITLE 7 OF ARTICLE 28 OF THE CODE, OR UNDER
ANY SUBDIVISION CONTROL PROVISIONS OF A CHARTER COUNTY.

(E) (1) A LOCAL JURISDICTION MAY APPROVE THE SUBDIVISION OF
A PARCEL OF LAND INTO THE NUMBER OF LOTS INDICATED IN THIS
SUBSECTION BY MEANS OF A BONA FIDE INTRAFAMILY TRANSFER, AND MAY
NOT APPROVE ANY GREATER SUBDIVISION OF THE PARCEL OF LAND OR ANY
PORTION OF IT.

(2) A PARCEL THAT IS 7 ACRES OR MORE AND LESS THAN 12
ACRES IN SIZE MAY BE SUBDIVIDED INTO 2 LOTS.

(3) A PARCEL THAT IS 12 ACRES OR MORE AND LESS THAN
60 ACRES IN SIZE MAY BE SUBDIVIDED INTO 3 LOTS. THE LOTS MAY BE
CREATED AT DIFFERENT TIMES.

(F) (1) AS A CONDITION OF APPROVAL, A LOCAL JURISDICTION
SHALL REQUIRE THAT:

(I) ANY DEED FOR A LOT THAT IS CREATED BY A
BONA FIDE INTRAFAMILY TRANSFER SHALL CONTAIN A COVENANT STATING
THAT THE LOT IS CREATED SUBJECT TO THE PROVISIONS OF THIS
SECTION; AND

(II) A LOT CREATED BY A BONA FIDE INTRAFAMILY
TRANSFER MAY NOT BE CONVEYED SUBSEQUENTLY TO ANY PERSON OTHER
THAN A MEMBER OF THE OWNER'S IMMEDIATE FAMILY, EXCEPT UNDER
PROCEDURES ESTABLISHED PURSUANT TO SUBSECTION (G) OF THIS
SECTION.

(2) THIS SUBSECTION DOES NOT PREVENT THE CONVEYANCE
OF THE LOT TO A THIRD PARTY AS SECURITY FOR A MORTGAGE OR DEED OF

TRUST.

 

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Session Laws, 1986
Volume 768, Page 2120   View pdf image
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