Ch. 278

2003 LAWS OF MARYLAND

(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.

(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 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 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.

(6)     UNTIL ON OR BEFORE SEPTEMBER 30, 2004, A LANDOWNER WHO
ORIGINALLY SOLD AN EASEMENT MAY, UPON WRITTEN APPLICATION TO THE
FOUNDATION, APPLY FOR A RELEASE OF 1 ACRE FREE OF EASEMENT RESTRICTIONS
FOR THE CONSTRUCTION OF A DWELLING FOR ONE SUBSEQUENT LANDOWNER
WHICH MAY NOT BE SEPARATELY SUBDIVIDED FROM THE PROPERTY IF:

(I)      A DWELLING HOUSE DID NOT EXIST ON THE PROPERTY
COVERED BY THE EASEMENT AT THE TIME OF THE SALE OF THE EASEMENT;

(II)     THE EASEMENT WAS PURCHASED BY THE FOUNDATION PRIOR
TO JANUARY 1, 1990;

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