PARRIS N. GLENDENING, Governor

Ch. 624

Article - Agriculture

Section 2-513

Annotated Code of Maryland

(1985 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article — Agriculture

2-502.

There is a Maryland Agricultural Land Preservation Foundation in the Department.
The foundation has the powers and duties provided in this subtitle.

2-513.

(a)     Agricultural land preservation easements may be purchased under this
subtitle for any land in agricultural use which meets the minimum criteria established
under § 2-509 if the easement and county regulations governing the use of the land
include the following provisions:

(1)     Any farm use of land is permitted.

(2)     Operation at any time of any machinery used in farm production or the
primary processing of agricultural products is permitted.

(3)     All normal agricultural operations performed in accordance with good
husbandry practices which do not cause bodily injury or directly endanger human health
are permitted including, but not limited to, sale of farm products produced on the farm
where such sales are made.

(b)     (1) Except as otherwise provided in this section, a landowner, whose land is
subject to an easement, may not use the land for any commercial, industrial, or residential
purpose.

(2) Except as provided in paragraph [ (3)] (5) 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 child of the landowner subject to
the following conditions:

(i) The total number of lots allowed to be released under this section,
except as provided in paragraph [(3)] (5) 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 FOR RESIDENTIAL
PURPOSES 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.

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