In this subtitle the following words have the meanings indicated. “Agricultural property” means property that is used for: agriculture, viticulture, aquaculture, silviculture, horticulture, or livestock and equine activities; temporary or seasonal outdoor activities that do not permanently alter the property’s physical appearance and that do not diminish the property’s rural character; or activities that are intrinsically related to the ongoing agricultural enterprise on the property. “District” means the Prince George’s County Soil Conservation District. “Fund” means the Prince George’s County Agricultural Preservation Easement Fund. “Preservation” means the limitation of the use of agricultural property to those uses consistent with, and not adversely affecting: the agricultural character of the property; the scenic values enjoyed by the public; or the governmental preservation policies furthered by the easement acquisition. “Program” means the Prince George’s County Agricultural Preservation Easement Program.

There is a Prince George’s County Agricultural Preservation Easement Program. The purposes of the Program are to: implement the policies of the county’s general plan and the Green Infrastructure Plan to preserve, protect, and enhance agricultural properties, particularly those in the Rural Tier; preserve ecologically fragile and aesthetically valuable environments of the county, including streams, stream valleys, floodplains, 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; recognize the public value in protecting agriculture and agricultural viewsheds, vistas, rural culture and character, and longstanding agricultural enterprises; limit nonagricultural uses; conserve and protect biodiversity and wildlife and aquatic habitats; promote interest in and the study of agriculture and agricultural preservation; and promote tourism through the preservation of scenic resources.

The District shall administer the Program in accordance with regulations that the county planning board and the District adopt under this subtitle.

The County Council may enact local laws to provide for: agricultural preservation, outreach, and marketing; maintenance of activities on agricultural properties of the Commission; and the preservation of the agricultural industry. A local law enacted under subsection (a) of this section may not be inconsistent with this division.

The county planning board and the District shall adopt regulations to carry out this subtitle. The regulations shall: establish an application process for the Program; establish criteria for assigning priorities to applications for easements to purchase; establish a process for negotiating the purchase of easements; allow the District to procure any appraisals necessary for valuation of each easement; and specify a method for appraising and valuing easements to encourage landowners to participate in the Program and maximize the acreage for easements to be purchased. The regulations may provide for the adjudication and appeal of any disputed easement valuation by the county Property Tax Assessment Appeal Board in accordance with § 2–511 of the Agriculture Article.

There is a Prince George’s County Agricultural Preservation Easement Fund. The county planning board shall administer the Fund. The Fund consists of revenues from county metropolitan district taxes or county regional district taxes. The purposes of the Fund are to: preserve, protect, and enhance agricultural properties; and implement the purposes of the Program. The Fund shall be used to purchase easements to implement the Program. In deciding which easements to purchase using the Fund, the county planning board shall: exercise prudence and due diligence; and consider the recommendations of the District.

The county planning board may purchase an easement on agricultural property in the county that is outside the metropolitan district but is in the regional district. To further the purposes of the Program, the county planning board may expend any current money that is authorized under this division to be used to purchase easements in the county in the metropolitan district.

When an agricultural preservation easement is purchased in accordance with this subtitle, the property owner shall convey a perpetual preservation easement to the county planning board at the time of settlement. The easement shall be recorded in the county land records.

Title 10, Subtitle 2 of the State Government Article does not apply to this subtitle.