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.