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PARRIS N. GLENDENING, Governor
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Ch. 433
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(i) Any deed for a lot that is created by a bona fide intrafamily
transfer shall contain a covenant stating that the lot is created subject to the
provisions of this section; and
(ii) A lot created by a bona fide intrafamily transfer may not be
conveyed subsequently to any person other than a member of the owner's immediate
family, except under procedures established pursuant to subsection (g) of this section.
(2) This subsection does not prevent the conveyance of the lot to a third
party as security for a mortgage or deed of trust.
(g) If a local jurisdiction includes provisions for bona fide intrafamily transfers
as part of the local jurisdiction's local program, the local jurisdiction shall establish
standards and procedures, subject to the approval of the Commission, by which the
local jurisdiction will permit the subsequent conveyance of lots to persons other than
immediate family members. The standards and procedures shall assure that:
(1) The lot was created as part of a bona fide intrafamily transfer and
not with the intent of subdividing the original parcel of land for purposes of ultimate
commercial sale; and
(2) (i) A change in circumstances has occurred since the original
transfer was made that is not inconsistent with this subtitle and that warrants an
exception; or
(ii) Other circumstances that are consistent with this subtitle and
with the Commission's criteria to maintain land areas necessary to support the
protective uses of agriculture, forestry, open space, and natural habitats in resource
conservation areas warrant an exception.
8-1808.3.
(a) This section applies notwithstanding:
(1) Any other provision of this subtitle; or
(2) Any criteria or guideline of the Commission adopted under this
subtitle.
(b) This section controls over any other requirement concerning impervious
surfaces limitations in limited development areas and resource conservation areas in
the critical area.
(c) On or before December 31, 1996, a local jurisdiction shall amend its local
critical area protection program to meet the provisions of this section.
(d) (1) Except as otherwise provided in this subsection for stormwater
runoff, man-made impervious surfaces are limited to 15% of a parcel or lot.
(2) If a parcel or lot one-half acre or less in size existed on or before
December 1, 1985 IN THE CHESAPEAKE BAY CRITICAL AREA OR ON OR BEFORE APRIL
17, 2001 JUNE 1, 2002 IN THE ATLANTIC COASTAL BAYS CRITICAL AREA, then
man-made impervious surfaces are limited to 25% of the parcel or lot.
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- 3263 -
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