In this Chapter, the following words and phrases have the meanings indicated: Agricultural Board or APAB means the County Agricultural Preservation Advisory Board. Agricultural Easement means a covenant running with the land that restricts the uses permitted on the property to other uses as specified in this Chapter. Agriculture means: (1) the business, science, and art of cultivating and managing the soil; (2) composting, growing, harvesting, and selling crops and livestock, and the products of forestry, horticulture, and hydroponics; (3) breeding, raising, or managing livestock, including horses, poultry, fish, game, and fur- bearing animals, dairying, beekeeping and similar activities; and (4) equestrian events and activities. Agriculture includes processing an agricultural product on the farm in the course of preparing the product for market, which may or may not cause a change in the natural form or state of the product. Agriculture Article means the Agriculture Article of the Maryland Code. Buildable Lot means a parcel of land on which the owner has retained the right to build a principal dwelling. Farm Market means a Farm Market, On-site as defined in Chapter 59. Foundation means the Maryland Agricultural Land Preservation Foundation. Fund means the County’s Agricultural Land Preservation Fund. Landowner means a fee simple owner of land located in the County on which a landowner proposes to sell or has sold an agricultural easement to the State or the County. Office means the Office of Agriculture. Planning Board means the Montgomery County Planning Board. Principal Dwelling means a residential structure on farm property which serves as the property’s primary residence. Productive Agricultural Land means land eligible to be included in an agricultural easement under County or Foundation regulations. Significant Agricultural Resource or Significant Agricultural Capability means land which, if properly agronomically managed and under normal growing conditions, the Office, after consulting local agricultural support agencies, finds can sustain a profitable farm enterprise. Solar Collection System means an arrangement of panels or other solar energy devices that provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. A Solar Collection System includes freestanding or mounted devices. State Agricultural Easement means an easement established under Subtitle 5 of Title 2 of the Agriculture Article. Tenant House means a residential structure on land under an agricultural easement that serves as an accessory use to the principal dwelling.

The Office must: (a) administer this Chapter and the regulations issued under it; (b) foster agricultural preservation; (c) administer programs associated with the Soil Conservation District and the Cooperative Extension Service; (d) develop the agricultural economy; and (e) perform other duties as assigned by the County Executive.

(a) Generally. The Agricultural Preservation Advisory Board is established under Subtitle 5 of Title 2 of the Agriculture Article. (b) Composition. (1) The County Executive must appoint, subject to confirmation by the County Council, 5 members to the APAB. (2) 3 members must be owner-operators of commercial farm land and earn at least 50% of their income from farming. (3) Each member must be a resident of the County. (c) Terms of office. (1) The term of each member is 5 years. (2) A member must not serve more than 2 consecutive full terms. An appointee to fill a vacancy before a term expires serves the rest of the unexpired term. (3) A member serves without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County. (d) Duties and responsibilities. (1) As required by Subtitle 5 of Title 2 of the Agriculture Article, the APAB must: (A) advise the County on the purchase of State and County agricultural easements; (B) assist the County in reviewing the status of agricultural land, including farming productivity under State and County agricultural easements; (C) advise the Foundation concerning County priorities for agricultural preservation; and (D) promote preservation of agriculture in the County by offering information and assistance to landowners on the purchase of State and County agricultural easements. (2) The APAB may: (A) delineate areas of productive agricultural land in the County; (B) recommend to the Executive procedures to mediate or arbitrate disputes on the value of agricultural easements which the County may buy; (C) review and make recommendations on regulations regarding State and County agricultural easements; (D) recommend County policies and programs to preserve agriculture; (E) cooperate with the Planning Board, the Cooperative Extension Office, and the Soil Conservation District in carrying out its responsibilities; and (F) perform other duties the County Executive assigns. (e) Advocacy. The Board must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

(a) A landowner seeking to place land under an agricultural easement must file a petition with the APAB requesting an application for the purchase of an easement by the Foundation. (b) The APAB must advise the County Council whether the applicant’s land meets the qualifications established by the Foundation and recommend whether the Foundation should buy an agricultural easement. (c) The APAB must refer the application to the Planning Board. The Planning Board must advise the Council if: (1) the proposed agricultural easement is compatible with existing and approved County plans and overall policy; and (2) the Planning Board recommends buying an agricultural easement on the applicant’s land. (d) If either the APAB or the Planning Board recommends approval, the County Council must hold a public hearing on the proposed easement. The Office must give adequate notice of the hearing to the owner of any land adjacent to the proposed agricultural easement. (e) The Council must decide if the application for the proposed agricultural easement should be recommended to the Foundation for approval. (1) If the Council recommends approval of the application, the Council must notify and forward to the Foundation its recommendation and relevant information about the proposed easement, including the recommendations of the APAB and the Planning Board. (2) If the Council recommends denial of the application, the Council must notify the Foundation and the landowner of its decision. (f) The Foundation may approve an application for a proposed agricultural easement only if: (1) the land in the proposed agricultural easement meets the following qualifications established by the Foundation: (A) any productivity, acreage, and locational criteria necessary to continue farming; (B) the land must be at least 50 acres; and (C) any other eligibility requirement in Subtitle 5 of Title 2 of the Agriculture Article; (2) the Council recommended approval of the proposed easement; and (3) a majority of the Foundation’s Board of Trustees approves buying the proposed easement. (g) If the Foundation buys an agricultural easement, the County may make an additional payment to the landowner of up to 15% of the State’s purchase price of the easement under regulations issued under this Chapter. The Executive must specify the percentage used to determine the payment each year and publish that number in the County Register. (h) (1) The procedures governing State agricultural easements, including the application process, the maximum value of any easement bought, the source of funds to buy an easement, and the restrictions required in easements, are contained in Subtitle 5 of Title 2 of the Agriculture Article and the regulations issued under Subtitle 5 of Title 2. (2) If any conflict arises between this Chapter and its regulations and Subtitle 5 of Title 2 and its regulations, the State law and State regulations govern. (i) The Office must work with the State to record each State agricultural easement in the County land records. The recordation of a State agricultural easement is not subject to any County recordation or transfer tax.

(a) Permitted uses. The following activities are permitted on land under a State agricultural easement: (1) any agricultural use of land; (2) operation at any time of any machinery used in farm production or the primary processing of agricultural products; (3) any normal agricultural operations performed in accordance with good husbandry practices which does not cause bodily injury or directly endanger human health; and (4) sale of farm products at a farm market. (b) Uses not permitted; release. (1) Land under a State agricultural easement must not be subdivided or used for residential, commercial, or industrial purposes. However, the Foundation may approve, after receiving a written application, the release of any easement restriction for: (A) the landowner who originally sold the easement, to use 1 acre or less to build one or more dwelling houses for the use only of that landowner or a child of the landowner, up to a maximum of 3 lots, subject to the requirements in Subtitle 5 of Title 2 of the Agriculture Article; and (B) a landowner to build housing for one or more tenants who are fully engaged in operating the farm if the landowner meets the following requirements: (i) the use must not exceed 1 tenant house for each 100 acres, unless the Foundation allows an exception in a case of compelling need; (ii) the land where a tenant house is located must not be subdivided or conveyed to any person; (iii) the tenant house must not be conveyed separately from the original parcel; and (iv) any other requirement in Subtitle 5 of Title 2 of the Agriculture Article. (2) Purchase of an agricultural easement by the Foundation does not grant the public any right of access or right to use the land included under the easement. (3) Any land under a State agricultural easement must not be condemned for public use unless no other reasonable alternative is available.

A landowner who rejects an offer by the Foundation to buy a State agricultural easement on the same land for 2 consecutive years, for a reason other than that sufficient State or County funds are not available to buy the easement, must not reapply to sell an agricultural easement on the same land for the next 2 consecutive years.

(a) The Foundation and the County must approve the termination of any agricultural easement bought in full or in part with State funds. Any termination must comply with Subtitle 5 of Title 2 of the Agriculture Article. (b) The Foundation must hold a State agricultural easement in perpetuity if the State Board of Public Works approved the purchase of the easement on or after October 1, 2004.

(a) A landowner seeking to place land under an agricultural easement must submit an easement sales application to the Office. The application must include a completed property description and specify the landowner’s asking price. (b) The County may buy an agricultural easement under this Article: (1) on land located in the Rural, Rural Density Transfer, or Rural Cluster zones; or (2) on land located in another zone if the land meets all requirements of subsection (e). (c) The County must not buy an easement under this Article if further development is already precluded on that land. (d) The County may buy an agricultural easement under this Article if the land: (1) is the least 50 contiguous acres; (2) meets United States Department of Agriculture’s soil classification standards I, II, or III, or woodland classifications 1 and 2 on at least 50% of the acreage, as outlined in the Soil Survey for Montgomery County; and (3) is located outside water and sewer categories 1, 2, and 3, as defined in the County Ten-Year Comprehensive Water Supply and Sewerage Systems Plan. (e) If any land does not meet all requirements of subsection (d), the County must not buy a County agricultural easement on that land unless: (A) the Office finds that placing an agricultural easement on that land is in the public interest; and (B) the Office concludes, after consulting local agricultural support agencies, that the land has significant agricultural resources.

(a) Permitted Uses. Except as prohibited by Chapter 59 or the terms of an agricultural easement, the following activities are permitted on land under a County agricultural easement: (1) any agricultural use of land; (2) operation of any machinery used in farm production or the primary processing of agricultural products, regardless of the time of operation; (3) any normal agricultural operation, performed in accordance with good husbandry practices, that does not cause bodily injury or directly endanger human health; and (4) operation of a farm market. (b) Relation to special exceptions and conditional uses. Subsection (a) does not alter either the requirements in Chapter 59 for a special exception or conditional use applicable to the zone where a County easement is located or the process to obtain a special exception or conditional use. However, an agricultural easement may expressly limit the right of the landowner or any successor in interest to apply for a special exception or conditional use that is inconsistent with the purposes of this Article. (c) Uses not permitted; release. (1) Land under a County agricultural easement must not be subdivided or used for any residential, commercial, or industrial purpose. However, the landowner may obtain a release from an agricultural easement for: (A) 1 acre, or the minimum lot size required by Chapter 59 or applicable well and septic regulations, whichever is greater, to build a house for use by the landowner; and (B) up to 3 1-acre lots, or the minimum lot size required by Chapter 59 or applicable well and septic regulations, whichever is greater, to build houses to be occupied by adult children of the landowner at a maximum density determined by the size of the land under easement and the following calculations; (i) 1 lot for the first 25 acres; (ii) 2 lots for land under easement greater than 50 acres bu tless than 120 acres; and (iii) 3 lots for land under easement that is greater than 120 acres. (2) (A) Any release issued under this Section must include a requirement that the landowner or the child, whichever is appropriate, must not transfer the lot released from an agricultural easement for 5 years after the release is recorded in the County land records unless: (i) The APAB approves the transfer; or (ii) the lot is subject to a bona fide foreclosure of a mortgage or deed of trust or to a deed in lieu of foreclosure. (B) Noncompliance with subparagraph 2(A) is a violation of this Chapter and the agricultural easement, and may result in legal action to prevent the transfer or to obtain the proceeds of any sale collected by the landowner or the child if a unapproved transfer occurs. (3) If land proposed for an agricultural easement does not contain a habitable dwelling house, the landowner may, as part of the application, request the right, which would run with the land, to build one single family dwelling house if: (A) no viable residential structure exists on the land when the easement is bought; (B) the easement requires that the residential structure must never be subdivided from the easement property; and (C) the easement requires that the right to build a single family dwelling precludes the release of any lot from the easement for the landowner’s children. (4) A landowner may build housing for one or more tenants fully engaged in operating the farm. However: (A) not more than one tenant house may be built for each 100 acres of land under easement; (B) the land on which a tenant house is located must not be subdivided or conveyed to any third party; (C) the tenant house must not be conveyed separately from the original parcel of land under the easement; and (D) the square footage of the tenant house must not exceed the square footage of the principal dwelling on the land under the easement. (d) Reimbursement. A landowner who obtains a release of a lot from an agricultural easement must first reimburse the Fund by an amount equal to the pro-rata purchase price the County paid for the easement. The County Attorney must, after the Fund is reimbursed, execute and record a partial release in the County land records.

(a) The Fund is a special, non-lapsing revolving fund for agricultural land preservation purposes. It consists of: (1) the County’s share of the State agricultural transfer tax; (2) payments received by the County for the repurchase, release, reimbursement, and termination of an agricultural easement; (3) the County’s share of the business personal property tax collected for a solar collection system located in the Agricultural Reserve Zone; and (4) any other funds available to buy agricultural easements under this Article. (b) The County must use funds from the County’s share of the State agricultural transfer tax, business personal property tax collected for a solar collection system located in the Agricultural Reserve Zone, and any other revolving funds for the purposes of this Article before using any other County funds for these purposes. (c) The County may buy an agricultural easement to preserve agricultural land in the County. To buy an easement, the County may use: (1) negotiations; (2) competitive bidding; or (3) any other method that is fair and equitable to the landowner and the County. (d) The purchase price may be based on an appraisal or any other evidence of value under criteria in applicable regulations. (e) Priority for buying easements must be given to any applicant who meets all the following criteria: (1) the proposed purchase price for the agricultural easement does not exceed either the appraised fair market value of the easement or a commercially reasonable value for the easement; (2) the land is designated in the applicable master plan as agricultural; (3) the land borders a municipality or other developing area and is likely to be developed in the foreseeable future; and (4) any other factor the Executive finds necessary to preserve agricultural land. (f) The County Executive or the Executive’s designee may agree in writing to buy an agricultural easement if the landowner: (1) files a good-faith application to the Foundation for the purchase of an agricultural easement by the State; and (2) accepts a Foundation offer if the price offered by the Foundation is equal to or higher than the price the County offered. If the Foundation does not agree to buy an easement subject to a conditional agreement under this subsection, the County must buy the easement at the price the County offered under the conditional agreement. (g) In addition to its authority to buy agricultural easements under this Article, the County may accept the donation of an agricultural easement or another interest in property for agricultural land preservation purposes.

(a) Process to Terminate and Repurchase an Easement. (1) Except as provided in subsection (c), a landowner may, in writing, at least 25 years after an agricultural easement bought by the County has been recorded in the County land records, request the County Council to terminate the agricultural easement. However, a landowner may request termination earlier if the land under easement is later zoned in a manner that precludes agricultural use as a matter of right. (2) In approving a termination request, the County Council must find that the land is no longer suitable for agriculture and the public interest would be best served by terminating the easement. (3) The landowner must submit an explanation, in a form acceptable to the APAB, why profitable farming is no longer feasible on the land under easement. (4) The APAB must determine if profitable farming is feasible on the land and issue a written recommendation to the Office. In determining whether farming is profitable, the APAB must consider: (A) if the landowner has implemented a Soil Conservation and Water Quality Plan; (B) the location of the farm with respect to development; and (C) any other non-agricultural use that would otherwise impact profitability of the farm. (5) After the APAB issues its recommendation, the Office must advise the landowner that the Office must order an appraisal of the land at the landowner’s expense. The appraisal must consider the current fair market value of land and the current fair market value of the land encumbered by an agricultural easement. The difference between these values must represent the present value of the agricultural easement. (6) The landowner must pay the Office for the cost of an appraisal. The Office must order the appraisal after receiving the funds from the landowner. (7) After receiving the completed appraisal and APAB’s recommendation, the County Council must hold a public hearing on the request to terminate the agricultural easement. The Office must notify each owner of land adjacent to the land where the easement is located of the public hearing. (8) After the public hearing, the Council, by majority vote, must recommend to the Executive whether the Executive should agree to terminate the easement. (9) If the Executive agrees to terminate the easement, the landowner must repurchase the easement by paying the present value of the easement as defined in this Section. (10) The landowner must pay the required payment to the County within 180 days after the Executive agrees to terminate the easement. After receiving the required payment, the Office must prepare, execute, and deliver to the landowner for recording, a Deed of Termination and Release from Easement. (11) If a request for termination is denied, or if the landowner does not repurchase the easement within 180 days after the Executive agrees to terminate the easement, the landowner must not request termination of the easement for 5 years after the Executive agreed or disagreed to the landowner’s last request for termination. (b) Easement Properties Purchased or Condemned by Government. If the federal government or the State or County buys or condemns land under an agricultural easement for park or any other nonagricultural use, the condemning authority must pay the present value of the easement to the Fund. After the Fund has received all payments due, the County Attorney must prepare, execute, and deliver to the condemning authority for recording, a Deed of Termination and Release from Easement. (c) No termination. The County must not terminate and repurchase any agricultural easement which the County bought after December 31, 2008.

This Article does not restrict the right of a landowner to sell land under a County agricultural easement.

The purchase of an agricultural easement by the County does not grant the public any right of access or right to use the land unless the easement expressly allows public access.

The County must not sell any productive agricultural land that the County owns until an agricultural easement is recorded to preserve the land for agricultural use.

(a) The County Attorney must record each agricultural easement in the County land records. The recordation of an agricultural easement is not subject to any County transfer or recordation tax. (b) Each agricultural easement must: (1) be recorded in the form required by the Office; (2) run with the land and bind the landowner and each assignee, transferee, mortgagee, and any other party who obtains title to the property; and (3) be recorded so that the easement is senior in priority to all liens, including any instrument securing permanent financing. (c) Each deed that transfers title to land on which an agricultural easement is recorded must: (1) be a two-party deed; and (2) expressly state that the property is subject to an agricultural easement and cite the recorded easement.

(a) A building lot termination (BLT) easement is a form of agricultural easement that generally terminates remaining development rights by extinguishing the right to build a dwelling unit on an eligible buildable lot. (b) The County Executive or a designee may create and buy building lot termination easements to achieve the goals of the County Preservation of Agriculture and Rural Open Space Functional Master Plan to preserve remaining farmland in, prevent the further fragmentation of, and minimize residential use of the Agricultural Reserve.

(a) Except as expressly provided in this Article, Article 3 applies to any BLT easement. (b) A BLT easement may only be created on a buildable lot which is: (1) located in the Rural Density Transfer (RDT) zone; (2) zoned for residential density no higher than one dwelling unit per 25 acres; and (3) capable of being served by an individual sewage treatment unit which meets the requirements of Chapter 27A and applicable regulations issued under that Chapter. (c) Notwithstanding Section 2B-7(d)(1), a BLT easement may be created on a buildable lot smaller than 50 contiguous acres. (d) In addition to the application process in Section 2B-7, the County may accept a gift of a BLT easement. (e) The County must be the grantee of each BLT easement. (f) Notwithstanding any other provision in this Chapter: (1) each BLT easement, once created, must not expire or be terminated; (2) land under a BLT easement must not be subdivided or used for any residential, commercial, or industrial purpose unless the BLT easement expressly allows that subdivision or use; and (3) land under a BLT easement may contain non-residential accessory agricultural uses and structures, subject to the terms of each easement.

(a) The Office must create a separate account under the Fund, entitled the BLT Account. (b) The BLT Account must contain payments made to comply with conditions of approval which the Planning Board has imposed for certain plans, and may also contain funds received through donation, appropriation, bond proceeds, or any other source. (c) Funds in the BLT Account must be spent only on BLT easements. Funds in the BLT Account may be used in conjunction with other funds to buy BLT easements.

(a) The County Executive must issue regulations under Method 1 to implement this Chapter. (b) The regulations must specify the: (1) method of easement valuation; (2) method of buying easements; (3) terms of payment for easements; and (4) method of ranking offers to purchase easements.

(a) The costs of any agricultural land preservation program, including the purchase of any agricultural easement, may be paid from the Fund and any other appropriated funds. (b) The Office must issue an annual report that identifies the: (1) number and types of agricultural easements bought; (2) number of acres preserved by those easements; and (3) price of each easement.

(a) Any violation of this Chapter or regulations issued under it is a Class A violation. The Department of Permitting Services may issue a citation for any violation of this Chapter or the terms of any agricultural easement. (b) The Office may take legal action, including seeking injunctive or declaratory relief, to prevent any: (1) subdivision of land under an agricultural easement that violates this Chapter or an agricultural easement; or (2) transfer of land, including the transfer of lots to or for the landowner or the landowner’s children, that violates this Chapter or an agricultural easement. (c) The Office may also take legal action to recover any funds obtained from any subdivision or land transfer that violates this Chapter or an agricultural easement, plus costs and a reasonable attorney’s fee. (d) If the creation of an easement under this Chapter conflicts directly with any County law regulating economic activity, noise, or environmental controls, the easement created under this Chapter prevails. (e) If the creation of an easement under any regulation issued under this Chapter conflicts directly with any applicable County regulation on economic activity, noise, or environmental controls, the easement created under this Chapter prevails.

(a) Definition. In this Section, “Committee” means the Agricultural Advisory Committee. (b) Established. The Executive must appoint, subject to confirmation by the Council, an Agricultural Advisory Committee. (c) Composition; Term. (1) The Committee has 15 voting members. (2) The Executive should appoint: (A) 12 members to a 3-year term who are bona fide farmers who represent the total farm community and reflect a variety of farm sizes, geographical locations and agricultural projects, at least 3 of whom must be owner-operators of commercial farm land earning 50% or more of their income from farming, and including: (i) 1 farm economist; and (ii) 1 conservationist; and (B) 3 members who have no significant direct financial interest in farming, to a 1-year term to represent broad non-farm County interests. These members may be appointed to successive terms. (3) The Committee may designate ex-officio members as necessary. (4) If a member is appointed to fill a vacancy before a term expires, the successor serves the rest of the unexpired term. (d) Officers, meetings, and compensation. (1) The Committee must elect a chair and vice-chair from among its members. (2) The Committee meets at the call of the Chair. The Committee must meet as often as necessary to perform its duties, but not less than 10 times each year. (3) A member serves without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County. (e) Duties. (1) The Committee must: (A) after conferring with the Office of Agriculture, advise the Executive and Council on all matters affecting agriculture in the County; (B) bring matters of particular importance to the attention of the Executive and Council; and (C) comment on matters referred to it by the Executive and Council. (f) Annual Report. By January 30 of each year, the Committee must submit to the Executive and Council an annual report that: (1) outlines the activities undertaken the previous calendar year; (2) identifies problems affecting agriculture in the County; and (3) make recommendations for government programs that may be necessary to maintain a healthy agricultural economy in the County. (g) Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office fo Intergovernmental Relations. (h) Staff. The Chief Administrative Officer must provide appropriate staff to the Committee.