(a) A landowner seeking to place land under an agricultural easement must file a petition with the APAB requesting an application for the purchase of an easement by the Foundation.
(b) The APAB must advise the County Council whether the applicant’s land meets the qualifications established by the Foundation and recommend whether the Foundation should buy an agricultural easement.
(c) The APAB must refer the application to the Planning Board. The Planning Board must advise the Council if:
(1) the proposed agricultural easement is compatible with existing and approved County plans and overall policy; and
(2) the Planning Board recommends buying an agricultural easement on the applicant’s land.
(d) If either the APAB or the Planning Board recommends approval, the County Council must hold a public hearing on the proposed easement. The Office must give adequate notice of the hearing to the owner of any land adjacent to the proposed agricultural easement.
(e) The Council must decide if the application for the proposed agricultural easement should be recommended to the Foundation for approval.
(1) If the Council recommends approval of the application, the Council must notify and forward to the Foundation its recommendation and relevant information about the proposed easement, including the recommendations of the APAB and the Planning Board.
(2) If the Council recommends denial of the application, the Council must notify the Foundation and the landowner of its decision.
(f) The Foundation may approve an application for a proposed agricultural easement only if:
(1) the land in the proposed agricultural easement meets the following qualifications established by the Foundation:
(A) any productivity, acreage, and locational criteria necessary to continue farming;
(B) the land must be at least 50 acres; and
(C) any other eligibility requirement in Subtitle 5 of Title 2 of the Agriculture Article;
(2) the Council recommended approval of the proposed easement; and
(3) a majority of the Foundation’s Board of Trustees approves buying the proposed easement.
(g) If the Foundation buys an agricultural easement, the County may make an additional payment to the landowner of up to 15% of the State’s purchase price of the easement under regulations issued under this Chapter. The Executive must specify the percentage used to determine the payment each year and publish that number in the County Register.
(h) (1) The procedures governing State agricultural easements, including the application process, the maximum value of any easement bought, the source of funds to buy an easement, and the restrictions required in easements, are contained in Subtitle 5 of Title 2 of the Agriculture Article and the regulations issued under Subtitle 5 of Title 2.
(2) If any conflict arises between this Chapter and its regulations and Subtitle 5 of Title 2 and its regulations, the State law and State regulations govern.
(i) The Office must work with the State to record each State agricultural easement in the County land records. The recordation of a State agricultural easement is not subject to any County recordation or transfer tax. (, § 1; , § 1.)
