§ 40-12B. Real property sold in Agricultural Zones.

(a) If any real property is located in, adjoins, or confronts an area zoned agricultural, as defined in Section 59-C-9.1, the seller must disclose to each prospective buyer, before the buyer signs a contract for the sale of the property, that existing County and State law is intended to discourage owners of real property adjacent to agricultural-zoned land from filing certain lawsuits against an owner or operator of an agricultural use in those areas. The following text must be substantially included in the disclosure:

As required under Montgomery County Code § 40-12B, you are hereby notified that the state of Maryland and Montgomery County have enacted laws that establish agriculture as the preferred use on land zoned Rural Density Transfer and as a permitted use in other agricultural zones, as defined in Section 59-C-9.1 of the County Code. The property subject to this contract is located in, adjoins, or confronts an area zoned agricultural. Residents and other occupants of property near land in agricultural zones should be prepared to accept effects of usual and customary agricultural operations, facilities, and practices, including noise, odors, dust, smoke, insects, operation of machinery, storage and disposal of manure, unusual hours of operation, and other agricultural activities.

Under Maryland law, an agricultural operation is not a nuisance, and a lawsuit may not be successful alleging that an agricultural operation interferes with the use or enjoyment of other property, if the agricultural operation:

(1) has continued for at least 1 year;

(2) complies with applicable health, environmental, zoning, and permit requirements; and

(3) is not conducted negligently.

County law may provide additional protections for agricultural uses on agricultural-zoned land. For further information, contact the Montgomery County Office of Agriculture.

(b) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

(1) the seller has provided the information required by subsection (a); and

(2) the buyer understands that:

(A) adjacent property may be the source of agricultural-related nuisances; and

(B) the buyer may obtain more information about these nuisances from the Montgomery County Office of Agriculture. (; § 1; , § 1.)