Md. Code Regs. 15.15.09.02

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.15.09.02 - Violation

A. Property Use. Except as otherwise permitted by Agriculture Article, § 2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Uses easement property for commercial, industrial, or residential use;

(2) Grants an easement, right-of-way, oil, gas, or mineral lease, or similar servitude on land to any person or government agency;

(3) Erects a sign, billboard, or outdoor advertising on easement property;

(4) Dumps ashes, sawdust, bark, trash, or rubbish on easement property, except when used in normal agricultural practices; or

(5) Violates an approval by the Foundation for any use or activity under the deed of easement.

B. Property Management. Except as otherwise permitted by Agriculture Article, § 2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Fails to manage easement property with sound agricultural soil and water conservation practices; or

(2) Fails to manage easement property with sound forest stewardship practices, if the land contains 25 acres or more of contiguous forest.

C. Subdivision or Conveyance. Except as otherwise permitted by Agriculture Article, § 2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Divides, partitions, or subdivides the property, or otherwise creates a lot for any purpose, including off conveyance or boundary line adjustment;

(2) Sells, transfers, gives, bequeaths, donates, or otherwise divides, any pre-existing subdivided parcel separately from the total of the parts in an easement, whether voluntarily, involuntarily, or by reason of foreclosure or bankruptcy;

(3) Transfers or sells any remaining developmental rights of the property; or

(4) Fails to comply with lot transfer restrictions.

D. Dwelling House. Except as otherwise permitted by Agriculture Article, § 2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Constructs a dwelling on easement property;

(2) Constructs a replacement dwelling house on easement property; or

(3) Permits any lot or dwelling house constructed on an owner's or child's lot to be used for the purposes of an individual other than a property owner or, in the case of a child's lot, the identified child.

E. Tenant House. Except as otherwise permitted by Agriculture Article, § 2-513, Annotated Code of Maryland, the deed of easement, or Foundation approval, the Foundation may impose a civil penalty on a property owner subject to this chapter who:

(1) Constructs a tenant house on easement property;

(2) Allows a dwelling designated as a tenant house to be occupied entirely by individuals who are not fully engaged in the operation of the farm; or

(3) Subdivides and separately conveys a tenant house or the land where it is constructed, or both.

F. The Foundation may impose a civil penalty on a property owner subject to this chapter who violates any other law or regulatory requirement governing the Maryland Agricultural Land Preservation Program, an individual deed of easement acquired by the Foundation, or Foundation approval or policy.

Md. Code Regs. 15.15.09.02