<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 18.02.03.05" title_num="18" subtitle_num="02" chapter_num="03" heading="Parcels of Less Than 20 Acres — Use Test vs. Income Test.">
  <paragraph num="A.">
    <text>A parcel of land or ALU less than 20 acres but greater than or equal to 3 acres shall receive agricultural use assessment if its meets one of the following tests:</text>
    <paragraph num="(1)">
      <text>If at least 3 acres but less than 5 acres are actually devoted and $2,500 gross income is derived from the approved agricultural activities; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If at least 5 acres but less than 20 acres are actually devoted, the land qualifies for agricultural use assessment regardless of gross income.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A parcel of land or ALU of less than 3 acres excluding the homesite shall receive the agricultural use assessment if it meets one of the following tests:</text>
    <paragraph num="(1)">
      <text>Gross income from the approved agricultural activity on the land:</text>
      <paragraph num="(a)">
        <text>Generates a minimum of $2500; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Amounts to at least 51 percent of the owner’s total gross income:</text>
        <paragraph num="(i)">
          <text>The owner’s total gross income shall include all sources of income for the calendar year that immediately precedes the taxable year, whether or not the income is included in the definition of gross income for federal or State tax purposes;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>This income shall include any benefit under the Social Security Act or Railroad Retirement Act;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>No more than 2 parcels of land may qualify under the same ownership;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A family farm unit as defined in Tax Property Article, §8-209(g)(1)(iv), Annotated Code of Maryland; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A parcel of land under the same ownership and contiguous to a parcel of land receiving agricultural use assessment and is actively used.  No more than 2 parcels of land may qualify under the same ownership.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Different approved agricultural activities may be combined to meet the requirements of §§A and B of this regulation.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Department may determine the reasonableness of gross income claimed by an owner.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The ratio requirements under
                Regulation .04 of this chapter are used to establish the associated lands.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Only Class 3 land under
                Regulation .08 of this chapter will be used in developing ratio requirements.</text>
  </paragraph>
</regulation>