ROBERT L. EHRLICH, JR., Governor                             Ch. 498

(iv) The landowner shall agree not to subdivide further for
residential purposes any acreage allowed to be released, and the agreement shall be
recorded among the land records where the land is located and shall bind all future
owners;

(v) The right to the lot is taken into consideration in the appraisal
of fair market value and determination of easement value;

(vi) The lot can be subdivided at any time and the location of the lot
to be subdivided is subject to the approval of the local agricultural advisory board and
the Foundation; and

(vii) If the property is transferred before the right to exclude the lot
has been exercised, the right may be transferred with the property.

(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.

(5)     Except as provided in paragraph (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.

(6)     (i) The restrictions of paragraphs (2) and (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 (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.

(7)     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:

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