Ch. 374

2004 LAWS OF MARYLAND

(2) Except as provided in paragraphs (3) and (6) 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, up to a maximum of three lots, subject to the following conditions:

(i) The number of lots allowed to be released under this section,
except as provided in paragraph (6) of this subsection, may not exceed:

1.       1 lot if the size of the easement property is 20 acres or
more but fewer than 70 acres;

2.       2 lots if the size of the easement property is 70 acres or
more but fewer than 120 acres; or

3.       3 lots if the size of the easement property is 120 acres or
more.

(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.

(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.

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