Md. Code Regs. 15.15.05.04

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

Section 15.15.05.04 - County Review

A. Notice to County of Landowner's Request. Upon receipt of a landowner's request for review to terminate an easement on the form provided by the Foundation, the Foundation shall notify the governing body of the county where the land is located of the landowner's request.

B. County Agricultural Advisory Board Recommendation. Upon receipt from the Foundation of a landowner's request for review to terminate an easement, the county governing body shall notify and ask for the recommendation of the county agricultural preservation advisory board, established under Agriculture Article, § 2-504.1, Annotated Code of Maryland, or any other appropriate county agency or board. The advisory board or other county agency shall recommend to the county governing body the approval or disapproval of the termination of the easement based on current land use regulations, local comprehensive planning, and any local priorities for the preservation of agricultural land.

C. County Public Hearing. Upon receipt of the recommendation of the county agricultural preservation advisory board and, as determined by the county, any other appropriate county agency or board, the county governing body shall conduct a public hearing, after adequate public notice, to consider approving or disapproving the termination of the easement based on the following criteria:

(1) The county agricultural preservation advisory board's recommendation regarding the termination request;

(2) Local comprehensive planning and zoning considerations;

(3) Local priorities to preserve agricultural land;

(4) Local patterns of development; and

(5) Other land use considerations.

D. County Decision. After conducting the public hearing required in §C of this regulation, the county governing body shall prepare a written decision on the landowner's termination request, which decision shall either:

(1) Deny the termination request and end the termination review process; or

(2) Approve the termination request for additional review by the Foundation.

Md. Code Regs. 15.15.05.04

Regulation .04 adopted effective 45:20 Md. R. 919, eff. 10/8/2018