Division 9. Historic Agricultural Resource Preservation Program

Introduction. The purpose of this program is to implement the recommendations of Commission 2000, as adopted by CB-80-2000, and to provide regulatory incentives to preserve historic agricultural, rural, and natural resources in the Rural and Agricultural Areas. The County Council recognizes the public value in protecting certain historic viewsheds, vistas, rural culture and character as well as longstanding agricultural enterprises in the Rural and Agricultural Areas in perpetuity through the acquisition of easements.

Purpose. The regulations in this Part are established for the following purposes:

Nature of the Program. The program is declared to be of general benefit to the citizens of this County and charitable in nature.

The following definitions shall apply to the interpretation and implementation of the HARPP program:

Construction. A HARPP easement may encumber one (1) or more lots, parcels or a portion thereof. For the purposes of the HARPP program the term "parcel" shall by its terms include all of the property described in the legal description attached to the historic conservation HARPP easement and recorded among the Land Records of Prince George's County.

The Program Administrator shall administer the daily activities of the County's HARPP program and serve as the central clearing house for all HARPP related activities and shall have the following powers and duties:

The Planning Board shall have the following powers and duties:

A parcel must meet the following criteria to be eligible to participate in the program: the parcel must be zoned AG, AR, RE, or RR and located in, or adjacent to, land that is located outside of the County's approved Growth Policy Boundary area and is within the Rural and Agricultural Areas; privately owned; the parcel shall be capable of being further developed; include a minimum of thirty-five (35) acres with no more than one (1) single family dwelling; include a minimum of twenty (20) acres with no more than one (1) single family dwelling and be contiguous to property held as a public park or preserve or property otherwise permanently protected from development by easement or otherwise.

A parcel shall not be eligible to participate in the program if the development rights have been extinguished by the donation or sale of an easement to any other party, or if the property is encumbered by a tree conservation easement or any other easement which would prevent the property from being developed.

Each HARPP easement shall be in a form recommended by the Program Administrator and approved by the Planning Board, and shall contain, at a minimum, the following provisions:

The HARPP easements shall be recorded in the Land Records of the County.

HARPP easements may be transferred and/or assigned to another governmental body, land trust or non-profit with a demonstrated ability to monitor easements of this kind subject to applicable State law.

The Planning Board shall make offers to purchase HARPP easements based on the ranking and recommendations of the Program Administrator.

If funding is insufficient during a program year to purchase easements from all of the HARPP program applicants, the Program Administrator may recommend that some or all of the remaining applications be considered for acquisition in the next program year.

Inspection. The Program Administrator or his designee shall have the right, upon prior written notice to the landowner, to enter upon the land subject to a HARPP easement annually to inspect for compliance with the terms and conditions of the HARPP easement.

Damages. The Program Administrator on behalf of the Planning Board shall be responsible for enforcing the HARPP easement if the landowner engages in practices or activities on the parcel which are inconsistent with the spirit and intent of the HARPP easement.

Injunction. In addition to other remedies available, the Program Administrator on behalf of the Planning Board may seek an injunction to halt the practices or activities which violate the terms and conditions of the easement.

General. The landowner retains all of the rights of a fee simple owner, except for the development rights, which shall be extinguished by the HARPP easement pursuant to this Subtitle. The HARPP easement shall not grant the public any rights of access or rights to use the land whatsoever.

Limited Number of Dwellings. This section applies to parcels of fifty (50) acres or more. A landowner shall be entitled to create one (1) additional dwelling in connection with an inter-family transfer per twenty-five (25) acres pursuant to requirements of the program regulations.