Md. Code Regs. 27.02.05.07

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

Section 27.02.05.07 - [Effective 1/20/2025] Agriculture

A. Applicability. The provisions of this regulation do not apply to an agricultural activity that is conducted for an experimental purpose on State-owned land in the Critical Area if:

(1) Adverse impact to a habitat protection area covered in Regulations .09-.13 of this chapter, as applicable, is avoided; and

(2) The experimental activity is approved by the State Department of Agriculture and the University of Maryland.

B. Criteria. When agriculture occurs on State-owned land, the agency administering the land shall assure that:

(1) Each agricultural operation has in place and is implementing a current:

(a) Soil conservation and water quality plan; and

(b) Nutrient management plan prepared by a certified nutrient management consultant or certified farm operator in accordance with COMAR 15.20.04.07 and .08;

(2) Agricultural activities authorized in the buffer are in accordance with Regulation .09 of this chapter; and

(3) The creation of new agricultural land is not accomplished:

(a) By diking, draining, or filling of a nontidal wetland, except in accordance with the requirements of COMAR 26.23.05.01;

(b) By clearing of forest or developed woodland on soil with a slope greater than 15 percent or on soil with a K-factor greater than 0.35 and a slope greater than 5 percent;

(c) If clearing will adversely affect water quality or will destroy plant or wildlife habitat covered in Regulations .10-.13 of this chapter, as applicable; or

(d) By clearing of existing natural vegetation within the buffer.

Md. Code Regs. 27.02.05.07

Regulation .07 adopted effective 48:18 Md. R. 694, eff. 9/6/2021; amended effective 52:1 Md. R. 1-46, eff. 1/20/2025.