ROBERT L. EHRLICH, JR., Governor

Ch. 278

Annotated Code of Maryland

(1999 Replacement Volume and 2002 Supplement)

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

Article - Agriculture

2-513.

(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 (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
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.

(v) After certifying that the landowner or child of the landowner
has met the conditions provided in subparagraphs (i) through (iv) 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.

(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.

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