Ch. 465

LAWS OF MARYLAND

(2)  Except as provided in paragraph (3) of this
subsection, on written application, the foundation shall release
free of easement restrictions only for the landowner who
originally sold an easement, 1 acre or less for the purpose of
constructing a dwelling house for the use only of that landowner
or landowner's child subject to the following conditions:

(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 require a minimum lot size of not less than 2 acres
in areas where there is less than 4 feet of unsaturated,
unconsolidated soil material below the bottom of an on-site
sewage disposal system, OR IN AREAS LOCATED WITHIN 2,500 FEET OF
THE NORMAL WATER LEVEL OF AN EXISTING OR PROPOSED WATER SUPPLY
RESERVOIR, then the restriction of paragraph (2) of this
subsection concerning maximum lot sizes is altered for the
construction of a dwelling house for the use only of that
landowner or landowner's child so that the maximum lot size in
those areas is 2 acres.

(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.

(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.

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