It is the declared policy of the Prince George's County Government to promote, preserve, protect, enhance and encourage agricultural operations, forestry operations and the development and improvement of its agricultural land for the production of food and other agricultural products. The encroachment of nonagricultural land uses into rural areas may interfere with efficient agricultural and forestry production by becoming the subject of nuisance complaints and lawsuits due to lack of information about such operations. Therefore, it is in the public interest to promote a clearer understanding between agricultural and forestry operations and non-agricultural neighbors concerning the normal inconveniences of agricultural and forestry operations that follow generally accepted agricultural practices and do not endanger public health or safety. Protection will be provided to agricultural and forestry operations, so that they may operate and be successful on agricultural land, despite adjacent non-agricultural neighbors. The ordinance is not intended to and shall not be construed as in any way modifying or abridging local, state, or federal laws, including, but not limited to laws relating to health, safety, trespass onto agricultural property, zoning, and licensing requirements.

Terms used in this Subtitle are defined as follows: Agricultural Land shall mean all real property within the boundaries of Prince George's County that is carried on the tax rolls of the Maryland State Department of Assessments and Taxation as agricultural; or all other land that is currently used for agricultural operations and has been used, and/or is under preparation for use as an agricultural operation continuously for at least one (1) year. Agricultural Operation shall mean and include, but is not limited to, all matters set forth in the definition of "agricultural operation" in the Annotated Code of Maryland, Courts and Judicial Proceedings Article 5-403(a), as may be amended from time to time; and the production of all matters encompassed within the definition of "farm product" in the Annotated Code of Maryland, Agriculture Article 10-601(c), as may be amended from time to time. Agricultural Operation shall also mean and include cultivation and tillage of the soil, dairying, spreading of manure, lime, fertilizer and the like, composting, spraying, producing, irrigating, protecting from frost, cultivating, rowing, harvesting and processing of any agricultural crops or commodities, including viticulture, horticulture, timber or apiculture, raising fish or poultry and other fowl, production of eggs, production of milk and dairy products, equine activities, production of livestock, pasturage, fur bearing animals, production of bees and their products, production of fruit, vegetables and other horticultural crops, production of wine, production of aquatic plants, aquaculture, production of timber, production of wool and fleece, and any commercial agricultural practices or procedure performed as incident to or in conjunction with such operations, including on farm processing and preparation for market, delivery to storage or to market or to carriers for transportation to market, equine activities, usage of land in furtherance of educational and social goals, including but not limited to 4-H clubs and Future Farmers of America, agri-tourism, alternative agricultural enterprises, occurring at any time. Forestry Operation includes, but is not limited to, the cultivation and production of all matters and products derived from the practice of forestry, as encompassed in the definition of "forestry" as set forth in the Annotated Code of Maryland, Business Occupations and Professions Article, Section 7-101(c), as amended from time to time. Generally Accepted Agricultural Land Management Practices shall mean those methods used in connection with agricultural operations, which do not violate applicable federal, State or local laws or public health, safety and welfare and which are generally accepted practices in the agricultural industry. Generally accepted agricultural management practices include practices that are recognized as generally accepted management practices and those methods that are authorized by various governmental agencies, bureaus, and departments, including but not limited to the University of Maryland Extension Prince George's County, and the Prince George's County Soil Conservation District. If no generally accepted agricultural management practice exists or there is no method authorized by those agencies mentioned herein which governs a practice, the practice is presumed to not be a generally accepted agricultural management practice.

A private action may not be sustained with respect to an agricultural or forestry operation conducted on agricultural land on the grounds that the agricultural or forestry operation interferes or has interfered with the use or enjoyment or property, whether public or private, if: The agricultural or forestry operation, including any change in the operation, has been under way for a period of one year or more and if the operation or the change did not constitute a nuisance from the date the operation or change in the operation began; and The agricultural or forestry operation is conducted substantially in accordance with generally accepted agricultural or forestry practices. Notwithstanding any provision of this section, no action alleging that an agricultural or forestry operation has interfered with the reasonable use or enjoyment of real property or personal well-being shall be maintained if the plaintiff has not sought resolution through Agricultural Reconciliation Committee, as defined in Sec. 30-103.01 herein.

There is hereby established the Prince George's County Agricultural Reconciliation Committee, which shall mediate disputes involving agricultural operations conducted on agricultural lands and issue opinions concerning whether or not such agricultural operations are conducted in a manner consistent with generally accepted agricultural practices. Composition The Agricultural Reconciliation Committee shall be a five member sub-committee of the Prince George's County Agricultural Resources Advisory Committee appointed by the Prince George's County Executive and confirmed by the County Council. The Committee shall be composed of: Two members from the agricultural community, one must be an active voting member of the Prince George's County Farm Bureau; One member from the forestry community; One member from a real estate interest; and One other member from the community not actively engaged in agriculture. The Prince George's County Agricultural Marketing Specialist shall provide staff to the Agricultural Reconciliation Committee. Three members shall constitute a quorum. The Agricultural Reconciliation Committee shall be subject to the Open Meetings Act and its members shall be subject to the Prince George's County Ethics Ordinance, each as amended from time to time.

Nuisances, which affect the public. Complaints. A person may complain to the Director, Department of Permitting, Inspections, and Enforcement or the Director's designee to declare that a nuisance exists, which affects the public. Investigations. The Director, Department of Permitting, Inspections, and Enforcement or the Director's designee is authorized to investigate any complaint of nuisance received against an agricultural operation. When a previous complaint involving the same condition resulted in a determination by the Director that a nuisance condition did not exist, the Director is authorized to investigate the complaint. Declaration of nuisance. If the Director, Department of Permitting, Inspections, and Enforcement or the Director's designee determines that a nuisance exists, the Director may declare the existence of a nuisance. In determining whether a nuisance condition exists in connection with an agricultural operation, the Director shall apply the criteria provided in this Section. Further, the Director may consider the professional opinion of the University of Maryland Extension Prince George's County, Prince George's Soil Conservation District or other qualified expert in the relevant field in determining whether the agricultural operation being investigated is conducted in accordance with accepted agricultural practices. Resolution of disputes regarding agricultural operations. Should any controversy arise regarding an interference with the use or enjoyment of property from agricultural operations conducted on agricultural land, the parties to that controversy shall submit the controversy to the Agricultural Reconciliation Committee. Any such controversy may be submitted in writing to the Agricultural Reconciliation Committee within thirty (30) days of the alleged adverse impacts. The Agricultural Reconciliation Committee will conduct its proceedings in an informal manner and the strict rules of evidence shall not apply. The Committee has the power but is not required hereunder to hold hearings, to compel testimony under oath, to subpoena witnesses, and to compel the production of documents. In each case, the Agricultural Reconciliation Committee shall issue orders settling or otherwise resolving controversy arising out of agricultural operations, including but not limited to the invasion of property and personal rights by agricultural operations conducted on agricultural land. Orders of the Agricultural Reconciliation Committee shall be binding on the parties as a matter of law, but their enforcement shall be suspended by operation of law if, within 30 days of the date of the Committee's judgment, a party appeals such order to the Circuit Court for Prince George's County.

Upon any transfer of real property in the R-O-S, AG, AR, RE, and/or RR zones, the transferor (seller) shall provide a statement advising the buyer of the existence of this law which shall be in substantially the following wording: PROXIMITY TO AGRICULTURAL AND/OR FORESTRY OPERATIONS: Buyer(s) acknowledge that the property offered for sale is in the vicinity of property that is, or may be used, for agricultural or forestry operations. As such, the Property may be subject to activity including, but not limited to, noise, odor, fumes, insects, dust, chemical application and the operation of machinery at various times. Prince George's County has adopted a right to farm ordinance stipulating that inconveniences or discomforts associated with the agricultural/forestry operation shall not be considered an interference with reasonable use and enjoyment of other properties in the vicinity, if such operations are conducted in accordance with generally accepted agricultural and forestry management practices, as referenced in Prince George's County Code, Section 30-102. The County has established an Agricultural Reconciliation Committee to assist in the resolution of disputes that may arise with regard to agricultural or forestry operations when such operations are not conducted in accordance with generally accepted agricultural or forestry management practices. For further information refer to Prince George's County Code, Subtitle 30, Division 1, and/or contact the Director, Department of Permitting, Inspections, and Enforcement.

Except to the extent specifically provided herein, this law shall not discharge, impair or release any contract, obligation, duty, liability or penalty whatever existing on the date of its enactment. This law is not intended to and shall not be construed as in any way modifying or abridging local, state, or federal laws, including but not limited to laws relating to health, safety, trespass onto agricultural property, zoning and licensing requirements.

In accord with Agricultural Article Sections 2-501 through 2-515 of the Annotated Code of Maryland, Agricultural Preservation Districts may be established in Prince George's County. In order to protect normal agricultural activities, the following provisions shall apply to all such districts within Prince George's County: Agricultural activities are permitted, consistent with provisions of the County Zoning Ordinance; The operation of machinery used in farm production or the primary processing of agricultural products is permitted at any reasonable time; Agricultural activities carried on in accordance with good husbandry practices, which do not cause bodily injury or directly endanger human health, are preferred activities, notwithstanding the incidental production of noise, odor, or dust; The sale of farm products produced on the farm where the sales are made is permitted, consistent with the provisions of the County Zoning Ordinance; All land within an Agricultural Preservation District shall be eligible for property tax incentives as may be enacted by the County Council from time to time.

Official maps of Agricultural Preservation Districts and easements purchased by the Maryland Agricultural Land Preservation Foundation shall be maintained by the Maryland-National Capital Park and Planning Commission at the County Administration Building, Upper Marlboro, Maryland, and shall be revised from time to time to reflect the establishment, alteration, and abolition of Agricultural Preservation District boundaries. The official maps shall be made current as of June 30 of each year and shall be prepared on a reproducible base at the same scale as the Department of Assessment and Taxation tax maps or at a more readable, but uniform, scale if available and regularly maintained by the agency.

In accord with the Agriculture Article, Sections 2-501 through 2-515, and with Maryland Regulations 15.17.01, Agricultural Preservation District establishment shall be accomplished by this ordinance, only upon formal notification to the Prince George's County Council by the Maryland Agricultural Land Preservation Foundation. Such notification shall include a copy of the Agricultural Preservation District Agreement signed by all parties and as recorded among the land records of Prince George's County. All such District Agreements together with property descriptions shall be maintained in an official file and be available from the Clerk of the Council, County Administration Building, Upper Marlboro, Maryland, 20772. Duplicate information, as necessary to respond to inquiries related to established Agricultural Preservation Districts and easements which have been purchased, shall be maintained by the Planning Department of the Maryland-National Capital Park and Planning Commission.

The County Executive shall appoint an Agricultural Preservation Advisory Board in accordance with the provisions of the Agricultural Article, Title 2, Subtitle 5, Annotated Code of Maryland. There shall be five members, at least three of whom shall be owner-operators of commercial farms who earn fifty percent (50%) or more of their income from farming. The term of office for each member shall be five years. No member shall serve more than two consecutive full terms. Appointments to fill a vacancy shall be for the remainder of the unexpired term. The terms of the initial appointments shall be staggered with one member appointed to a three-year term, two members appointed to four-year terms, and two members appointed to five-year terms. The Board members shall elect annually from their own membership a chairman and such other officers as it deems necessary. The duties of the Board shall be as provided in State law.

This Section shall be known and may be cited as the "purchase of development rights ("PDR") program."

As a result of the recommendations of Commission 2000, it is the policy of the County to restrict growth in the Rural and Agricultural Areas, to provide regulatory incentives to restrict the development of certain lands in perpetuity and to preserve sensitive natural resources. The County Council recognizes both the need and the public value of protecting farm and forest lands, ecologically fragile watershed and flood plains, as well as the more general need to protect scenic vistas and view sheds enjoyed by the citizens and residents of the County.

The regulations in this Division are established for the following purposes: Implement the policies of the Prince George's County General Plan and the Green Infrastructure Plan relating to the Rural and Agricultural Areas; Preserve ecologically fragile and aesthetically valuable environments of the County, including streams, stream valleys, flood plains, wetlands, groundwater, steep slopes, woodlands, habitats, scenic vistas and scenic corridors; Retain agricultural land and augment other local and state programs certified in accordance with the Code of Maryland Regulations for the preservation of agricultural land; Maintain rural character; Limit non-agricultural uses; Conserve and protect biodiversity, wildlife and aquatic habitat; and Promote tourism through the preservation of scenic resources.

The PDR program shall be available to all land zoned AG, AR, RE, and RR in the Rural and Agricultural Areas. Any conservation easement acquired under the PDR program shall be voluntarily offered by the landowner.

The following definitions shall apply to the interpretation and implementation of the PDR program: Board. The term Board shall mean the Agricultural Preservation Advisory Board as defined in Section 3-107 of the Prince George's County Code. Conservation Easement. The term "conservation easement" shall be defined as a non-possessory interest encumbering a qualifying property, whether the easement is appurtenant or in gross, and conveyed by a landowner in connection with the PDR program for the purpose of restricting the development potential on the property in perpetuity. Department. The term "department" means the Prince George's Soil Conservation District. Parcel. The term "parcel" means a lot or acreage parcel, lawfully recorded among the Land Records of the County. Program Administrator. The term "program administrator" means the District Manager of Prince George's Soil Conservation District or his designee. Construction. A conservation easement may encumber one (1) or more parcels or portions; therefore, for the purposes of the PDR program the term "parcel" shall include all of the property described in the legal description attached to the conservation easement and recorded among the Land Records of the County.

The Program Administrator shall administer the daily activities of the County's PDR program. Prince George's Soil Conservation District shall function as the central clearing house for all PDR related activities and shall have the following powers and duties: Promulgation of program regulations and procedures for the proper administration and implementation of the PDR program subject to County Council approval. Promote the PDR program by providing educational materials to the public and conducting informational meetings. Investigate and pursue additional public and private resources to fund the program and maximize private participation. Evaluate all applications to determine their eligibility and ranking score, rank applications and include the ranking in the recommendations to the Board. Prepare a report on the development potential for each parcel subject to an application from a development certification provided by the Department of Planning and include a summary in the recommendations to the Board. Coordinate the preparation of appraisals to be included in the recommendations to the Board. Provide the staff support, report and recommendation to the Board for each application. Monitor conservation easements purchased to ensure compliance with the terms and conditions of each easement. The Board shall have the following powers and duties: The Board shall review the report and recommendation for each application provided by the Program Administrator and determine which easements should be purchased. Periodically review the program regulations and procedures and make recommendations to the Program Administrator and the County Council of any changes needed to maintain the program's consistency with the Prince George's County General Plan and the Green Infrastructure Plan relating to the Rural and Agricultural Areas.

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 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, or 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; notwithstanding the forgoing criteria, a property may be deemed eligible by the County Council upon a determination that the property has sensitive natural resources and there is an important public value of protecting the property for the citizens and residents of the County. Portions of parcels 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 that specifically protects woodlands for another purpose including but not limited to approved TCPs for other development, deed restrictions, and declarations of covenants for woodland conservation banking.

In order to effectuate the purposes of the PDR program, parcels for which conservation applications have been received shall be ranked according to criteria and the point values established in the regulations. The criteria shall include the size of the parcel; natural, cultural and scenic resources; development pressures; proximity to other preserved land; soils; family farm and deferral from a prior funding cycle as a result of insufficient funding.

Each conservation easement shall be in a form approved by the County Attorney, and shall contain, at a minimum, the following provisions: Restriction on division. The parcel shall be restricted from any further division except as may provided in the program regulations. No buy-back option. The owner shall not have the right to re-acquire the development potential extinguished by the easement. Agricultural uses. Agricultural uses shall be permitted on a parcel subject to a conservation easement. Prohibited uses. Industrial or non-agricultural commercial uses shall not be permitted on a parcel encumbered by a conservation easement. Designation of Easement Holders. The County shall be the easement holder of each easement. The easements shall be recorded in the Land Records of the County and a copy of the recorded easement shall be forwarded to the Department of Permitting, Inspections, and Enforcement.

The Board shall make offers to purchase easements based on the ranking and recommendations of the Program Administrator and the offer shall include one (1) of the following payment options: Lump sum payment for acquisition of the easement; or Installment purchase by a multi-year agreement. If funding is insufficient during a program year to purchase easements from all of the applicants, the Board 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 conservation easement annually to inspect for compliance with the terms and conditions of the conservation easement. Damages. The County shall be responsible for enforcing the conservation easement and may seek damages up to twenty-five percent (25 %) of the value of the easement if the landowner engages in practices or activities on the parcel which are inconsistent with the spirit and intent of the conservation easement. Injunction. In addition to other remedies available, the County 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 conservation easement pursuant to this Subtitle. The conservation easement does not grant the public any rights of access or rights to use the land whatsoever. Limited Number of Dwellings. This Subsection applies to parcels of fifty (50) acres or more. A landowner shall be entitled to create one (1) additional dwelling in connection with an intra-family transfer per twenty-five (25) acres pursuant to requirements of the program regulations.

The PDR program shall be funded annually by the County Council, upon advice of the County Executive, or by special appropriation. The County shall seek funding from Federal, State and private sources to implement the purposes of the PDR program.