Md. Code Regs. 15.15.06.04

Current through Register Vol. 51, No. 11, May 31, 2024

Section 15.15.06.04 - Lot Approval and Release

A. Before a lot may be released from an easement's restrictions for the construction of a dwelling house, the landowner shall submit a signed application to the Foundation. The application shall include:

(1) A declaration that the lot and dwelling are for the use only of the landowner or the landowner's child, whichever is the case;

(2) If the application is for an owner's lot and there is more than one landowner, a statement acknowledging that the right to request release of the eligible owner's lot is being exercised;

(3) If the application is for a child's lot, a copy of the birth certificate of the landowner's child to prove that the landowner's child is a minimum of 18 years old at the date of the issuance of the preliminary release;

(4) A description of the land where the dwelling is to be located, along with proposed access to the dwelling;

(5) A survey plat or tax map that shows the precise location of the proposed lot; and

(6) Signed statements indicating approval of the lot from both the local agricultural land preservation advisory board and the county planning and zoning department.

B. Corporation or Similar Entity's Request for Child's Lot. The Foundation may not approve an application from a corporation, partnership, limited liability company, or other similar entity ("the entity") for an owner's or child's lot unless:

(1) At the time of the sale of the deed of easement, the entity is owned by family members who are actively engaged in the daily agricultural operations on the land ("the original family members");

(2) At the time of the request for an owner's lot or child's lot, at least one of the original family members has retained an uninterrupted, continuous ownership interest in the entity or its successor since the sale of the deed of easement; and

(3) The entity is otherwise eligible to have a lot released.

C. Owner's Lot. If an easement property has more than one landowner, only one lot may be released for the use and occupancy of an owner, regardless of how the land is titled (that is, as tenants in common, joint tenancy, tenancy by the entirety, or in an entity).

Md. Code Regs. 15.15.06.04

Regulations .04 adopted as an emergency provision effective July 17, 2006 (33:17 Md. R. 1435); adopted permanently effective November 6, 2006 (33:22 Md. R. 1733)