Md. Code Regs. 34.03.03.09

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

Section 34.03.03.09 - Effect of Certification or Recertification

A. A county that has a county program certified or recertified under this chapter is eligible for:

(1) Funds that are available to counties as additional funds under Agriculture Article, § 2-508.1, Annotated Code of Maryland, and Tax-Property Article, § 13-306, Annotated Code of Maryland; and

(2) Funds provided for the Foundation over and above the funding the Foundation receives under Agriculture Article, § 2-508.1, Annotated Code of Maryland, and Tax-Property Article, §§ 13-209 and 13-306, Annotated Code of Maryland.

B. The funds available under §A of this regulation to a county with a certified or recertified county program may be used only for:

(1) The purposes stated in or permitted under Agriculture Article, § 2-508.1, Annotated Code of Maryland, or Tax-Property Article, § 13-209 or 13-306, Annotated Code of Maryland;

(2) The purchase of development rights within the county's certified priority preservation area;

(3) Direct payment to a landowner to supplement a payment made by the Foundation for the purchase of development rights;

(4) Direct payment to a landowner made in conjunction with the transfer of development rights from the landowner's land to an area where residential development is planned;

(5) Any other direct use of funds or financial expenditures made to expedite or promote the sale or purchase of development rights for the permanent preservation of agricultural or forest land as approved by the Foundation and the Department, including payments for:

(a) Installment purchase agreements with landowners under an installment purchase agreement program approved by the Foundation;

(b) Preservation of critical farms under the Critical Farms Program established under Agriculture Article, § 2-517, Annotated Code of Maryland; and

(c) The Next Generation Farmland Acquisition Program developed by the Maryland Agricultural and Resource-Based Industry Development Corporation under Article 41, Title 13, Subtitle 5, Annotated Code of Maryland, and approved by the Foundation;

(6) Costs incurred by the county to administer a certified or recertified county program, but no more than the greater of 10 percent of the county share of the agriculture land transfer tax or $30,000;

(7) Bond annuity funds for bonds issued by the county for the sole purpose of purchasing agricultural land preservation easements; and

(8) County guarantees of loans collateralized by development rights on agricultural or forest land that meet the standards established under Agriculture Article, § 2-512(e), Annotated Code of Maryland.

Md. Code Regs. 34.03.03.09

Regulations .09 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991
Regulations .09 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)
Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)
Regulations .09 adopted effective January 26, 2009 (36:2 Md. R. 102); adopted effective 47:10 Md. R. 520, eff. 5/18/2020