Ch. 624                                    1996 LAWS OF MARYLAND

(iv) After certifying that the landowner or child of the landowner has
met the conditions provided in subparagraphs (i), (ii), and (iii) of this paragraph, the
Foundation shall issue a preliminary release which shall:

1.       Become final when the Foundation receives and certifies a
nontransferable building permit in the name of the landowner or child of the landowner
for construction of a dwelling house; or

2.       Become void upon the death of the person for whose benefit
the release was intended if the Foundation has not yet received a building permit as
provided in this subparagraph.

(v) Any release or preliminary release issued, under this paragraph
shall include a statement of the conditions under which it was issued, a certification by
the Foundation that all necessary conditions for release or preliminary release have been
met, and copies of any pertinent documents.

(vi) Any release, preliminary release, building permit, or other
document issued or submitted in accordance with this paragraph shall be recorded among
the land records where the land is located and shall bind all future owners.

(vii) The Foundation may not restrict the ability of a landowner who
originally sold an easement to acquire a release under this paragraph beyond the
requirements provided in this section.

[(3) 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 child of the landowner so that the maximum lot size is 2 acres if:

(i) 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 and 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; or

(ii) Regulations adopted by the jurisdiction in which the land is
situated require that the lot be larger than 1 acre.]

[(4)] (3) 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)](4) [On] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS
SECTION, 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] FURTHER FOR RESIDENTIAL PURPOSES ANY
ACREAGE ALLOWED TO BE RELEASED. This agreement shall be recorded among the
land records where the land is located and shall bind all future owners.

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