WILLIAM DONALD SCHAEFER, Governor Ch. 507

(i) The total number of lots allowed to be
released under this section, EXCEPT AS PROVIDED IN PARAGRAPH (3)
OF THIS SUBSECTION, may not exceed 10 lots of 1 acre or less at a
maximum of not more than 1 lot for each 20 acres or portion
thereof.

(ii) The landowner shall pay the State for any
acre or portion released at the price per acre that the State
paid the owner for the easement.

(iii) Before any conveyance or release, the
landowner and the child, if there is a conveyance to a child,
shall agree not to subdivide further any acreage allowed to be
released. The agreement shall be recorded among the land records
where the land is located and shall bind all future owners.

(3) IF REGULATIONS ADOPTED BY THE DEPARTMENT OF THE
ENVIRONMENT ADOPTS A REGULATION THAT PROVIDES FOR REQUIRE A
MINIMUM LOT SIZE OF NOT LESS THAN 2 ACRES IN AREAS WHERE THERE IS
LESS THAN 4 FEET OF UNCOMPACTED UNSATURATED, UNCONSOLIDATED SOIL
MATERIAL BELOW THE BOTTOM OF AN ON-SITE SEWAGE DISPOSAL SYSTEM,
THEN THE RESTRICTION OF PARAGRAPH (2) OF THIS SECTION SUBSECTION
CONCERNING MINIMUM MAXIMUM LOT SIZES FOR A LANDOWNER'S CHILDREN
IS ALTERED FOR THE CONSTRUCTION OF A DWELLING HOUSE FOR THE USE
ONLY OF THAT LANDOWNER OR LANDOWNER'S CHILD SO THAT THE MINIMUM
MAXIMUM LOT SIZE IN THOSE AREAS IS 2 ACRES.

[(3)] (4) A landowner may construct housing for
tenants fully engaged in operation of the farm, but this
construction may not exceed 1 tenant house per 100 acres. The
land on which a tenant house is constructed may not be subdivided
or conveyed to any person. In addition, the tenant house may not
be conveyed separately from the original parcel.

[(4)] (5) On request to the foundation, an owner may
exclude from the easement restrictions 1 acre per each single
dwelling, which existed at the time of the sale of the easement,
by a land survey and recordation provided at the expense of the
owner. However, before any exclusion is granted, an owner shall
agree with the foundation not to subdivide each acre excluded.
This agreement shall be recorded among the land records where the
land is located and shall bind all future owners.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 17, 1988.

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