PARRIS N. GLENDENING, Governor

Ch. 467

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)] (VI) 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)] (VII) 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)] (VIII) 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) 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) Except as provided in paragraph (5) of this [section] SUBSECTION, 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 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.

(5) (i) The restrictions of paragraphs (2) and (4) of this [section ]
SUBSECTION concerning maximum lot sizes are altered so that the maximum lot size is 2
acres if:

1. Regulations adopted by the Department of the Environment
require a minimum lot size for a dwelling house 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

2. Regulations adopted by the jurisdiction in which the land is
situated require that a lot for a dwelling house be larger than 1 acre.

(ii) For exclusions provided under paragraph (4) of this subsection, the
landowner shall pay the State for any acre or portion released in excess of the 1 acre per
single dwelling that existed at the time of easement.

(c) Purchase of an easement by the Foundation does not grant the public any
right of access or right of use of the subject property.

- 2781 -