Md. Code Regs. 15.15.03.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 15.15.03.03 - Tenant House Eligibility

A. The approval for the construction of a tenant house by the Foundation is not an absolute right of a landowner, and requests shall be reviewed by the Foundation on a case-by-case basis. Each request shall be reviewed to determine if a proposed tenant house is necessary based on the nature of the farming operation. When applying for approval of a tenant house, a landowner shall demonstrate to the Foundation a current and compelling need. To do so, a landowner shall show:

(1) The nature of the farm operation and the reasons why one or more tenant is necessary to carry out farm operations; and

(2) That one or more tenants will be fully engaged in the operations of the farm.

B. Farm Size.

(1) A request for a tenant house may not be considered by the Foundation for any farm of less than 100 acres, unless the Foundation grants an exception based on a showing of compelling need.

(2) Not more than one tenant house per full 100 acres may be considered by the Foundation for a farm, for example, one house for 100"199.99 acres, two houses for 200"299.99 acres, etc.

C. A tenant house may be approved for and occupied only by tenants of whom one or more is fully engaged in the operation of the farm.

D. The Foundation shall approve the location and size of a tenant house as an accessory structure. Unless the Foundation approves otherwise, a tenant house:

(1) Shall be located in the vicinity of other farm buildings;

(2) May not be located on a farm field;

(3) May not be larger in size than at least one nontenant dwelling house on the property, if any exist; and

(4) May not be more than 2,000 square feet in size, calculated by first multiplying the exterior footprint of the portions of the structure with multiple stories by the number of stories with windows, and then adding the exterior footprint of any portions of the structure with one story, but excluding basements, attics, and porches not used as living space, garages, or unenclosed decks.

E. A tenant house, including its size and location, may not be approved by the Foundation unless it conforms to local planning and zoning regulations.

F. A tenant house and the land where it is constructed may not be subdivided and separately conveyed from the farm subject to the easement.

G. The Foundation may not approve the construction of a tenant house solely for the purpose of producing rental income.

Md. Code Regs. 15.15.03.03

Regulations .03 adopted as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); adopted permanently effective February 3, 2003 (30:2 Md. R. 76)
Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
Regulations .03 adopted effective March 7, 2011 (38:5 Md. R. 319)