Md. Code Regs. 15.15.14.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.15.14.04 - Application Requirements

A farm owner shall submit a complete request to approve an ARES on a form approved by the Foundation no later than June 30, 2018. Each application submitted to the Foundation shall be complete and shall be signed by all farm owners and include all of the following:

A. A written statement providing:

(1) The nature of the proposed ARES;

(2) The name and contact information of the owner or operator of the proposed ARES, if owned or operated by any person or entity other than the farm owner;

(3) The basis for determining that the proposed ARES will not interfere significantly with any agricultural use of the farm;

(4) The method the farm owner or ARES owner will use to satisfy the bond requirement provided in Regulation .12 of this chapter;

(5) The method the farm owner or ARES owner will use to comply with existing soil and water conservation plans and forest stewardship plans while the ARES is being constructed, installed or operated;

(6) An acknowledgment that the farm owner and ARES owner agree to comply with all licensing and regulatory requirements to operate any proposed ARES; and

(7) An acknowledgment that the farm owner and ARES owner agree to allow the Foundation's representatives to inspect the ARES and any related records during normal business hours (9 a.m. to 5 p.m., Monday through Friday, except federal and State holidays);

B. A courses and distances survey outlining the entire easement area, which survey shall include:

(1) The proposed location of the ARES;

(2) The number of acres subject to the easement;

(3) A brief statement explaining how the proposed ARES satisfies the area restriction provided in Regulation .03D of this chapter;

(4) The proposed location of any new permanent roadways to serve the ARES;

(5) The proposed location of any temporary roadways used to construct the ARES;

(6) The proposed location of any temporary staging areas used to construct the ARES; and

(7) The location of, and access to, all dwellings, lot exclusions and farm buildings;

C. A written statement from the applicable county zoning administrator stating that the proposed ARES is a permitted use, subject to county laws, statutes, or ordinances, unless such laws, statutes, and ordinances are preempted by other law;

D. A written statement from the applicable local agricultural preservation advisory board providing a favorable recommendation to have the proposed ARES placed on the farm;

E. A written statement from the applicable local conservation district certifying that the farm complies with any water quality and soil conservation plan;

F. A written statement from the Department certifying that the farm currently complies with all applicable nutrient management requirements;

G. A written statement from the Department certifying that the farm owner currently complies with all applicable cost share agreements with the Department;

H. A written statement from the Foundation certifying that the farm owner currently complies with the applicable easement; and

I. A copy of all existing and proposed facility agreements regarding the ARES, which agreements shall include the following terms and information:

(1) The name of the lessee, licensee, manager, and/or operator of the proposed ARES;

(2) An acknowledgment by all parties to a facility agreement that any conflict between the facility agreement and the Foundation easement (as amended by the terms and conditions of the Foundation's approval to locate an ARES on a farm subject to such Foundation easement) shall be resolved in favor of the Foundation easement;

(3) An acknowledgment by all parties to a facility agreement that the facility agreement must comply with the terms and conditions of the Foundation's approval to locate an ARES on a farm; and

(4) A requirement that all parties to a facility agreement provide the Foundation with notice of any assignment, renewal, modification or termination of such agreements.

Md. Code Regs. 15.15.14.04

Regulation .04 adopted effective 43:11 Md. R. 635, eff.6/6/2016