Chapter 20. Urban Agriculture Water and Power Infrastructure Grant Program

“Department” means Maryland Department of Agriculture.

“Eligible cost” means a cost that the Department determines is necessary for the purchase and installation of:

“Farm product” means:

“Program” means the Urban Agriculture Water and Power Infrastructure Grant Program.

“Project” means the installation of equipment associated with water supply and irrigation or electric power access to provide water or electrical power to a farm or community garden in an urban area.

“Qualified nonprofit organization” means a nonprofit organization that is organized and operated exclusively for exempt purposes under §501(c)(3) of the Internal Revenue Code and operates a farm or community garden in an urban area.

“Urban agricultural producer” means any person that:

“Urban area” means an area of the State delineated as an urban area by the U.S. Census Bureau set forth in “Urban Area Criteria for the 2020 Census—Final Criteria”, at 87 Federal Register 16706 (March 24, 2022).

An application on a Department form, including a project narrative describing the proposed project, which shall include an approximate total project cost figure based on all eligible costs;

A map identifying the project location, street address and parcel boundaries of the operation;

For a nonprofit organization:

Documentation supporting the sale or anticipated sale of at least $1,000 annually of farm products from the farming operation in the State;

Except for an individual applying on the individual’s own behalf, documentation establishing that person’s authority to sign on behalf of the organization on all matters related to the Program; and

A completed Current Nutrient Management Plan Certification form or Nutrient Management Plan Waiver, as applicable.

Department Approval or Disapproval of Application.

Within 30 days, the Department shall notify the applicant if an application is approved. If the application has been approved, the Department shall inform the applicant of the estimated State cost-sharing amount for the project and the applicant’s required matching amount. If the application has not been approved, the Department shall inform the applicant of the reason it has been denied.

The Department and the applicant shall execute an agreement. The agreement, among other things, shall obligate the applicant to:

Before the Department executes a cost-sharing agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and conditions of the agreement.

After all parties execute a cost-sharing agreement, an applicant shall begin the approved project.

The applicant shall be responsible for all steps in completing the project, including, but not limited to, obtaining any necessary permits and the services of contractors or obtaining any necessary materials or equipment to complete project construction.

The applicant who executes a cost-sharing agreement shall be paid in accordance with the following payment schedule:

Except for payments described in §A(1) and (2) of this regulation, the applicant shall document all eligible costs on an itemized statement. Each itemized cost shall be supported by payment receipts or unpaid invoices from vendors. Each receipt shall be signed by the person who executes a cost-sharing agreement and certified that each cost is true and correct to the best of that person's knowledge. Each payment receipt or unpaid invoice shall show the following:

The applicant shall complete and submit to the Department a departmental claim for payment form for each scheduled payment outlined in §A of this regulation.

If the applicant fails to establish, install, construct, or maintain the project in accordance with any agreement executed with the Department, that applicant shall be liable for the full amount of State cost-sharing funds paid for any practice that was not implemented or maintained. However, the applicant is not liable for inadequate maintenance or destruction of a best management practice if caused by an act of nature that could not be reasonably anticipated.

If the applicant is required to have a nutrient management plan under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland, and fails to obtain a nutrient management plan or to comply with this plan, the Department may require repayment of the cost-sharing funds it paid towards installation of the project.