# Division 1. Right to Farm

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Division 1. Right to Farm

### Sec. 30-101. Purpose

Prince George's County, Md., Code § 30-101 (2026)

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.

### Sec. 30-102. Definitions

Prince George's County, Md., Code § 30-102 (2026)

(a) Terms used in this Subtitle are defined as follows:

  (1) 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.

  (2) 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.

(3) 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.

(4) 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.

### Sec. 30-103. Limitation of Actions

Prince George's County, Md., Code § 30-103 (2026)

(a) 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:

  (1) 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

  (2) The agricultural or forestry operation is conducted substantially in accordance with generally accepted agricultural or forestry practices.

(b) 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.

### Sec. 30-103.01. Establishment of Agricultural Reconciliation committee membership

Prince George's County, Md., Code § 30-103.01 (2026)

(a) 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.

(b) Composition

  (1) 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:

    (A) Two members from the agricultural community, one must be an active voting member of the Prince George's County Farm Bureau;

    (B) One member from the forestry community;

    (C) One member from a real estate interest; and

    (D) One other member from the community not actively engaged in agriculture.

  (2) The Prince George's County Agricultural Marketing Specialist shall provide staff to the Agricultural Reconciliation Committee.

(c) 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.

### Sec. 30-103.02. Resolution of disputes and procedure for complaints; investigation and declaration

Prince George's County, Md., Code § 30-103.02 (2026)

(a) Nuisances, which affect the public.

  (1) 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.

  (2) 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.

  (3) 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.

(b) Resolution of disputes regarding agricultural operations.

  (1) 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.

  (2) Any such controversy may be submitted in writing to the Agricultural Reconciliation Committee within thirty (30) days of the alleged adverse impacts.

  (3) 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.

  (4) 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.

### Sec. 30-103.03. Right to farm notice and real estate transfer disclosure

Prince George's County, Md., Code § 30-103.03 (2026)

(a) 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.

### Sec. 30-103.04. Existing liabilities and statutory construction

Prince George's County, Md., Code § 30-103.04 (2026)

(a) 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.

(b) 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.
