§ 13-605. Agricultural preservation districts -- Garrett County

   (a) "Advisory Board" defined. -- In this section, "Advisory Board" means the Garrett County Agricultural Preservation Advisory Board.

(b) Establishment of rules, regulations, and procedures. -- The County Commissioners of Garrett County shall adopt rules, regulations, and procedures for:

   (1) the establishment and monitoring of agricultural districts; and

   (2) the evaluation of land to be included in agricultural districts.

(c) Content of rules, regulations, and procedures. --

   (1) The rules, regulations, and procedures adopted by the County Commissioners of Garrett County shall contain the provisions set forth in this subsection.

   (2) (i) One or more landowners actively devoted to agricultural use may file a petition with the county commissioners requesting the establishment of an agricultural district on the land owned by the petitioners.

      (ii) The petition filed in accordance with subparagraph (i) of this paragraph shall include maps and descriptions of the current use of land in the proposed district.

   (3) On receipt of a petition to establish an agricultural district, the county commissioners shall refer the petition and accompanying materials to the Advisory Board and the county planning commission.

   (4) Within 60 days after the referral of a petition:

      (i) the Advisory Board shall advise the county commissioners:

         1. whether the land in the proposed district meets the requirements established by the county under subsection (e) of this section; and

         2. whether the Advisory Board recommends establishment of the district; and

      (ii) the county planning commission shall advise the county commissioners:

         1. whether establishment of the district is compatible with existing or approved county plans and policy; and

         2. whether the county planning commission recommends establishment of the district.

   (5) (i) If either the Advisory Board or the county planning commission recommends approval, the county commissioners shall hold a public hearing on the petition.

      (ii) Adequate notice of a hearing under subparagraph (i) of this paragraph shall be made to:

         1. all landowners in the proposed district; and

         2. the Maryland Agricultural Land Preservation Foundation.

   (6) Within 120 days after the receipt of the petition or application, the county commissioners shall decide whether the proposed agricultural district will be established.

   (7) (i) The establishment of an agricultural district does not take effect until all landowners in the proposed district have executed an agreement with the county commissioners that:

         1. is recorded in the county land records;

         2. requires a landowner to keep the landowner's land in agricultural use for a minimum of 3 years from the establishment of the agricultural district; and

         3. maintains the right of a landowner to sell an easement for development rights on the land to the Maryland Agricultural Land Preservation Foundation.

      (ii) In the event of severe economic hardship, the county commissioners may release the landowner's property from the agricultural district.

      (iii) After meeting the minimum 3-year requirement in the agricultural district agreement under subparagraph (i)2 of this paragraph, a landowner may terminate the property's designation as an agricultural district by notifying the county commissioners in writing 1 year before the desired date of termination.

   (8) After the establishment of an agricultural district, the county commissioners may review the use of the land within the agricultural district.

   (9) The county commissioners may approve the alteration or termination of an agricultural district only if the use of the land within the agricultural district has changed so that the land within the district fails to meet the county requirements under subsection (e) of this section.

(d) Natural gas rights. -- Rules, regulations, or procedures adopted by the County Commissioners of Garrett County under this section may not require a natural gas rights owner or lessee to subordinate its interest to the interest of the county commissioners if the county commissioners determine that the exercise of the natural gas rights will not interfere with an agricultural operation conducted on land in the agricultural district or on land subject to an easement.

(e) Productivity, acreage, and location criteria. -- Rules, regulations, or procedures adopted by the County Commissioners of Garrett County relating to land that may be included in an agricultural district shall provide that:

   (1) the land shall meet productivity, acreage, and locational criteria determined by the county commissioners to be necessary for the continuation of farming;

   (2) the county commissioners shall attempt to preserve the minimum number of acres in a given agricultural district that may reasonably be expected to promote the continued availability of agricultural suppliers and markets for agricultural goods; and

   (3) land within the boundaries of a 10-year water and sewer service district may be included in an agricultural district only if, in the discretion of the county commissioners, that land is outstanding in productivity and is of significant size.

(f) Limitations on inclusion in agricultural district. --

   (1) Land may be included in an agricultural district only if the rules, regulations, and procedures of the County Commissioners of Garrett County that govern the land allow the activities listed under § 2-513 of the Agriculture Article.

   (2) Agricultural districts may be established on any land in agricultural use, but only if the landowner agrees to the conditions, restrictions, and limitations under § 2-513 of the Agriculture Article.

(g) Purchase of easement prohibited. -- The Maryland Agricultural Land Preservation Foundation may not purchase an easement on land that is located in Garrett County but that is outside of an agricultural district established under this section.

(h) Construction of section. -- This section does not preclude a landowner from selling the landowner's property.

HISTORY: An. Code 1957, art. 25, § 237(a)(1), (2), (c)-(i); 2013, ch. 119, § 2.