Md. Code Regs. 26.20.02.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.02.12 - Preapplication Investigation Regarding Prime Farmland

A. The applicant shall conduct a preapplication reconnaissance inspection of the proposed permit area in accordance with COMAR 26.20.03.05 a to determine whether lands within the area may be prime farmland.

B. Land may not be considered prime farmland if the applicant can demonstrate one of the following:

(1) The land has not been historically used as cropland;

(2) The slope of the land is 10 percent or greater;

(3) Other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in 2 years, and the flooding has reduced crop yields; or

(4) On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. Soil Conservation Service.

C. If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of §B of this regulation.

D. If the investigation indicates that lands within the proposed permit area might be prime farmland, the applicant shall contact the U. S. Soil Conservation Service to determine whether the applicable soil map units have been designated as prime farmland. If so, the applicant shall submit an application in accordance with COMAR 26.20.03.05 a for this designated land.

Md. Code Regs. 26.20.02.12

Regulations .12 were previously codified as COMAR 08.13.09.02 a A_B and D_S, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.2.01.