Ch. 41

1995 LAWS OF MARYLAND

(2)     PROVIDE THAT A PRIVATE ACTION MAY NOT BE SUSTAINED WITH
RESPECT TO AN AGRICULTURAL OR FORESTRY OPERATION ON THE GROUNDS
THAT THE OPERATION INTERFERES OR HAS INTERFERED WITH THE USE OR
ENJOYMENT OF PROPERTY, WHETHER PUBLIC OR PRIVATE, IF, AT THE TIME THE
INTERFERENCE IS ALLEGED TO ARISE:

(I)      THE AGRICULTURAL OR FORESTRY OPERATION, INCLUDING
ANY CHANGE IN THE OPERATION, HAS BEEN UNDER WAY FOR A PERIOD OF 1 YEAR
OR MORE AND IF THE OPERATION OR THE CHANGE DID NOT CONSTITUTE A
NUISANCE FROM THE DATE THE OPERATION BEGAN OR THE DATE THE CHANGE IN
THE OPERATION BEGAN; AND

(II)     THE AGRICULTURAL OR FORESTRY OPERATION IS
CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH GENERALLY ACCEPTED
AGRICULTURAL OR FORESTRY PRACTICES;

(3)      ESTABLISH A GRIEVANCE COMMITTEE TO ARBITRATE DISPUTES
INVOLVING AGRICULTURAL OR FORESTRY OPERATIONS AND WHETHER
AGRICULTURAL OR FORESTRY OPERATIONS ARE CONDUCTED IN A MANNER
CONSISTENT WITH GENERALLY ACCEPTABLE AGRICULTURAL OR FORESTRY
PRACTICES;

(4)      REQUIRE A PERSON CLAIMING A NUISANCE AS A RESULT OF
AGRICULTURAL OR FORESTRY OPERATIONS TO ARBITRATE THE CLAIM BEFORE
THE GRIEVANCE COMMITTEE BEFORE MAINTAINING A PRIVATE ACTION IN COURT;

(5)      PROVIDE THAT IF THE GRIEVANCE COMMITTEE FINDS THAT THE
CONDUCT OF A PERSON CLAIMING A NUISANCE AS A RESULT OF AGRICULTURAL OR
FORESTRY OPERATIONS WAS IN BAD FAITH OR WITHOUT SUBSTANTIAL
JUSTIFICATION, THE GRIEVANCE COMMITTEE SHALL REQUIRE. THE PERSON
CLAIMING THE NUISANCE TO PAY THE PERSON AGAINST WHOM THE COMPLAINT
WAS MADE THE COSTS OF THE ARBITRATION PROCEEDING AND THE REASONABLE
EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, INCURRED BY THE PERSON
AGAINST WHOM THE COMPLAINT WAS MADE IN DEFENDING AGAINST THE CLAIM;

(6)      REQUIRE A TRANSFEROR OF REAL PROPERTY TO PROVIDE TO THE
TRANSFEREE NOTICE ADVISING THE TRANSFEREE OF THE CALVERT COUNTY
RIGHT TO FARM ORDINANCE; AND

(7)      INCLUDE ANY OTHER MEASURE THE COUNTY COMMISSIONERS
FIND NECESSARY TO PROTECT AGRICULTURAL OR FORESTRY OPERATIONS IN
CALVERT COUNTY.

(C) BEFORE ADOPTING AN ORDINANCE UNDER THIS SECTION, THE COUNTY
COMMISSIONERS SHALL HOLD A PUBLIC HEARING AND SHALL PROVIDE NOTICE OF
THE HEARING IN ACCORDANCE WITH THE PROCEDURES IN ARTICLE 25, § 3(R) OF
THE ANNOTATED CODE OF MARYLAND.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

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