ROBERT L. EHRLICH, JR., Governor

S.B. 367

(iii) The size of an unrestricted lot shall be 1 acre or less, except as
provided in paragraph (6) of this subsection;

(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)     (I) [A] SUBJECT TO THE APPROVAL OF THE FOUNDATION, 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].

(II)     CONSTRUCTION MAY NOT EXCEED 1 TENANT HOUSE PER 100
ACRES, UNLESS THE FOUNDATION GRANTS AN EXCEPTION BASED ON A SHOWING OF
COMPELLING NEED.

(III)   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.

(IV)  THE FOUNDATION SHALL ADOPT REGULATIONS FOR THE SIZE
AND LOCATION OF TENANT HOUSES.

(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

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