BY repealing and reenacting, with amendments,
Article - Agriculture
Section 2-513 2-504
Annotated Code of Maryland

(1985 Replacement Volume and 1998 Supplement)

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

Article - Agriculture

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 of this subtitle 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, of
residential purpose.

(2) Except as provided in paragraph (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 (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 resulting density on the property may not exceed the
density allowed under zoning of the property before the Foundation purchased the
easement.

(iii) 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.

(iv) 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