Md. Code Regs. 15.15.05.05

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

Section 15.15.05.05 - Foundation Review

A. The Foundation shall review a landowner's termination request only if the county governing body approves a landowner's termination request in writing

B. The Foundation's review of a landowner's termination request requires the Foundation Board of Trustees members at large to determine, in writing, whether profitable farming is feasible on the land, which determination may be based on the following:

(1) An expert opinion as to whether profitable farming on the land is feasible;

(2) The effect of any nonagricultural development adjacent to the land;

(3) Whether markets exist for any agricultural products that can be produced on the land;

(4) The profitability of nearby farms, if such information is readily available to the Board of Trustees members at large;

(5) Any information the landowner asks the Board of Trustees members at large to consider; or

(6) Any additional information the Board of Trustees members at large deem relevant to determine if it is feasible to farm the land in a profitable manner.

C. To assist with the determination of whether profitable farming is feasible on the land, the landowner may request the Foundation Board of Trustees members at large to conduct a hearing, which request shall be submitted in writing to the Foundation within 30 days after the date of the county governing body's written decision approving the landowner's termination request. If the landowner fails to request a hearing within the required time period, no hearing shall be required.

D. Standard of Review for Foundation Consideration of Termination Request.

(1) To determine whether profitable farming is feasible on the land, the Foundation Board of Trustees members at large shall presume that it is feasible to farm the subject land in a profitable manner and the landowner has the burden to rebut this presumption.

(2) The standard by which feasibility of profitable farming is measured is based on whether any landowner can profitably farm the land in question and not whether the particular landowner seeking termination has been able to profitably farm the land.

E. Foundation's Decision. The Foundation Board of Trustees members at large shall prepare a written decision regarding 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 consideration by the Secretary and the State Treasurer.

Md. Code Regs. 15.15.05.05

Regulation .05 adopted effective 45:20 Md. R. 919, eff. 10/8/2018