Md. Code Regs. 15.15.12.06

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

Section 15.15.12.06 - Agricultural Subdivision Application Procedure

Before the Foundation may consider a request for an agricultural subdivision, a landowner shall submit the following:

A. An application, completed and signed by each titled landowner to all of the land encumbered by the easement, which addresses the criteria in Regulation .04 of this chapter;

B. An unmarked copy of the tax map or boundary survey which outlines the entire easement land;

C. A second copy of the tax map which shall include the following:

(1) Boundaries of the easement land;

(2) The location of the proposed line or lines of subdivision, and the amount of acreage each resulting divided parcel is proposed to contain; and

(3) The location of, and access to, all preexisting dwellings, lot exclusions, tenant houses, and farm buildings;

D. A written statement from the landowner indicating:

(1) The reason for the request, including an explanation of how the agricultural subdivision serves the agricultural purpose, how it will enhance or have no effect upon the agricultural operations, and how the resulting divided parcels will be able to sustain long-term agricultural production, independent of each other;

(2) If any rights to a lot or lots have been reserved, but still unexercised, under the easement, a proposal detailing which resulting divided parcel or parcels are to be allocated those rights;

(3) The name, address, email address, and telephone number of all landowners whose lands are involved in the request; and

(4) The name of the individual or entity who will pay for the costs of the corrective easement transactions;

E. A written statement from the county program administrator describing the current overall farm operation, whether the proposed agricultural subdivision serves an agricultural purpose, whether it will enhance or will have no effect upon the agricultural operations, and whether the resulting divided parcels will be able to sustain long-term agricultural production, independent of each other;

F. A letter of recommendation from the local agricultural land preservation advisory board addressing the potential for continued agricultural use of each of the resulting divided parcels;

G. Written verification from the local tax assessment office that each of the resulting divided parcels continue to qualify for agricultural use assessment under Tax-Property Article, Annotated Code of Maryland;

H. A letter from the local planning and zoning office or the county program administrator that the requested subdivision is consistent with county planning and zoning regulations; and

I. If applicable, letters of support from organizations such as the Soil Conservation Service and Forest Service attesting to the long-term productive capabilities for each resulting divided parcel of less than 50 acres.

Md. Code Regs. 15.15.12.06

Regulations .06 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)