H.B. 812

VETOES

(VII) IF THE PROPERTY IS TRANSFERRED BEFORE THE RIGHT TO
EXCLUDE THE LOT HAS BEEN EXERCISED, THE RIGHT MAY BE TRANSFERRED WITH
THE PROPERTY.

[(3)] (4) 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)] (5) Except as provided in paragraph [(5)] (6) 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, AS
AN OWNER'S, CHILDREN'S, OR UNRESTRICTED LOT TO WHICH THE OWNER IS
ENTITLED UNDER PARAGRAPH (2) OF THIS SUBSECTION, 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)] (6) (i) The restrictions of paragraphs (2) and [4] (5) 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)] (5) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

May 21, 2003

The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis MD 21401

- 3816 -