# Local Government (GLG)

## Title 13. Other Powers of Counties -- Regulatory

### Subtitle 6. Agriculture and Seafood Industries

#### Section 13-601

(a) Subject to subsection (b) of this section, the governing body of a county may adopt an ordinance, a resolution, or a regulation or take any other action that the governing body considers necessary to authorize a person to:

  (1) use the person's property to operate a seafood business;

  (2) harvest seafood;

  (3) buy or sell seafood;

  (4) store equipment used in the person's seafood business; and

  (5) enjoy the quiet conduct of the person's seafood business.

(b)

  (1) Before adopting an ordinance, a resolution, or a regulation under subsection (a) of this section, the governing body of the county shall:

    (i) hold a public hearing on the proposed ordinance, resolution, or regulation;

    (ii) provide reasonable notice of the hearing; and

    (iii) obtain the written consent of the Secretary of Natural Resources.

  (2) An ordinance, a resolution, or a regulation adopted without the written consent of the Secretary of Natural Resources is void.

(c) In the event of a conflict, federal law, State law, or written program guidance issued by a unit of the federal or State government shall preempt an ordinance, a resolution, or a regulation adopted or any other action taken under this section.

#### Section 13-602

(a) This section applies to all counties, except Baltimore City.

(b) The governing body of a county shall impose a tax and appropriate money that the governing body considers necessary to address a farm labor problem.

#### Section 13-603

(a) This section applies to all counties, except Baltimore City.

(b)

  (1) Under rules it adopts, the governing body of a county may appropriate and use money it considers necessary to support farmers' cooperative demonstration work in the county, including home demonstration work and boys and girls club work, that is similar to work that the United States Department of Agriculture or the University of Maryland Cooperative Extension may conduct.

  (2) The governing body of a county may cooperate with the United States Department of Agriculture and the University of Maryland Cooperative Extension to jointly conduct and fund the demonstration work on terms and conditions agreed to by the governing body of the county, the Department, and the Extension.

#### Section 13-604

(a) Subject to subsection (b) of this section, the County Council of Anne Arundel County may adopt an ordinance, a resolution, or a regulation or take any other action that the County Council considers necessary to protect a person's right to farm or engage in agricultural or forestry operations.

(b) Before adopting an ordinance, a resolution, or a regulation or taking any other action under subsection (a) of this section, the County Council of Anne Arundel County shall:

  (1) hold a public hearing on the proposed ordinance, resolution, regulation, or action; and

  (2) provide reasonable notice of the hearing.

#### Section 13-605

(a) In this section, "Advisory Board" means the Garrett County Agricultural Preservation Advisory Board.

(b) The County Commissioners of Garrett County shall adopt rules, regulations, and procedures for:

  (1) the establishment and monitoring of agricultural districts; and

  (2) the evaluation of land to be included in agricultural districts.

(c)

  (1) The rules, regulations, and procedures adopted by the County Commissioners of Garrett County shall contain the provisions set forth in this subsection.

  (2)

    (i) One or more landowners actively devoted to agricultural use may file a petition with the county commissioners requesting the establishment of an agricultural district on the land owned by the petitioners.

    (ii) The petition filed in accordance with subparagraph (i) of this paragraph shall include maps and descriptions of the current use of land in the proposed district.

  (3) On receipt of a petition to establish an agricultural district, the county commissioners shall refer the petition and accompanying materials to the Advisory Board and the county planning commission.

  (4) Within 60 days after the referral of a petition:

    (i) the Advisory Board shall advise the county commissioners:

      (1) whether the land in the proposed district meets the requirements established by the county under subsection (e) of this section; and

      (2) whether the Advisory Board recommends establishment of the district; and

    (ii) the county planning commission shall advise the county commissioners:

      (1) whether establishment of the district is compatible with existing or approved county plans and policy; and

      (2) whether the county planning commission recommends establishment of the district.

  (5)

    (i) If either the Advisory Board or the county planning commission recommends approval, the county commissioners shall hold a public hearing on the petition.

    (ii) Adequate notice of a hearing under subparagraph (i) of this paragraph shall be made to:

      (1) all landowners in the proposed district; and

      (2) the Maryland Agricultural Land Preservation Foundation.

  (6) Within 120 days after the receipt of the petition or application, the county commissioners shall decide whether the proposed agricultural district will be established.

  (7)

    (i) The establishment of an agricultural district does not take effect until all landowners in the proposed district have executed an agreement with the county commissioners that:

      (1) is recorded in the county land records;

      (2) requires a landowner to keep the landowner's land in agricultural use for a minimum of 3 years from the establishment of the agricultural district; and

      (3) maintains the right of a landowner to sell an easement for development rights on the land to the Maryland Agricultural Land Preservation Foundation.

    (ii) In the event of severe economic hardship, the county commissioners may release the landowner's property from the agricultural district.

    (iii) After meeting the minimum 3-year requirement in the agricultural district agreement under subparagraph (i)2 of this paragraph, a landowner may terminate the property's designation as an agricultural district by notifying the county commissioners in writing 1 year before the desired date of termination.

  (8) After the establishment of an agricultural district, the county commissioners may review the use of the land within the agricultural district.

  (9) The county commissioners may approve the alteration or termination of an agricultural district only if the use of the land within the agricultural district has changed so that the land within the district fails to meet the county requirements under subsection (e) of this section.

(d) Rules, regulations, or procedures adopted by the County Commissioners of Garrett County under this section may not require a natural gas rights owner or lessee to subordinate its interest to the interest of the county commissioners if the county commissioners determine that the exercise of the natural gas rights will not interfere with an agricultural operation conducted on land in the agricultural district or on land subject to an easement.

(e) Rules, regulations, or procedures adopted by the County Commissioners of Garrett County relating to land that may be included in an agricultural district shall provide that:

  (1) the land shall meet productivity, acreage, and locational criteria determined by the county commissioners to be necessary for the continuation of farming;

  (2) the county commissioners shall attempt to preserve the minimum number of acres in a given agricultural district that may reasonably be expected to promote the continued availability of agricultural suppliers and markets for agricultural goods; and

  (3) land within the boundaries of a 10-year water and sewer service district may be included in an agricultural district only if, in the discretion of the county commissioners, that land is outstanding in productivity and is of significant size.

(f)

  (1) Land may be included in an agricultural district only if the rules, regulations, and procedures of the County Commissioners of Garrett County that govern the land allow the activities listed under Sec. 2-513 of the Agriculture Article.

  (2) Agricultural districts may be established on any land in agricultural use, but only if the landowner agrees to the conditions, restrictions, and limitations under Sec. 2-513 of the Agriculture Article.

(g) The Maryland Agricultural Land Preservation Foundation may not purchase an easement on land that is located in Garrett County but that is outside of an agricultural district established under this section.

(h) This section does not preclude a landowner from selling the landowner's property.

#### Section 13-606

(a) By ordinance, the County Commissioners of Washington County:

  (1) may establish methods to:

    (i) provide supplemental payments to the Maryland Agricultural Land Preservation Foundation, independently or under a lease arrangement with an outside funding source; or

    (ii) purchase development rights in an agricultural preservation district; and

  (2) in accordance with regulations and procedures adopted by the Maryland Agricultural Land Preservation Foundation, may provide for:

    (i) the establishment of agricultural preservation districts; and

    (ii) standards and guidelines under which real property is eligible for inclusion in an agricultural preservation district.

(b)

  (1) The methods to provide supplemental payments or purchase development rights under subsection (a)(1) of this section may include the creation of a long-term obligation of Washington County in the nature or form of an installment purchase agreement.

  (2) An obligation authorized under paragraph (1) of this subsection is exempt from Sec.Sec. 19-205 and 19-206 of this article.

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Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)