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§ 8-1006. Agricultural operations in compliance and certified under this subtitle

West's Annotated Code of MarylandAgricultureEffective: October 1, 2013

West's Annotated Code of Maryland
Agriculture
Title 8. Soil Conservation (Refs & Annos)
Subtitle 10. Maryland Agricultural Certainty Program (Refs & Annos)
Effective: October 1, 2013
MD Code, Agriculture, § 8-1006
§ 8-1006. Agricultural operations in compliance and certified under this subtitle
Currentness
Exemptions
(a) Except as provided in subsection (b) of this section, an agricultural operation that is in compliance and certified under this subtitle is not subject to:
(1) State or local laws or regulations enacted or adopted after the date of certification that require the reduction of agricultural sources of nitrogen, phosphorus, or sediment to meet:
(i) Chesapeake Bay total maximum daily loads, including the requirements in a watershed implementation plan;
(ii) Local total maximum daily loads; or
(iii) Other water quality requirements for managing agricultural sources of nitrogen, phosphorus, or sediment; or
(2) State or local laws and regulations enacted or adopted after the date of certification related to meeting a reallocation of nitrogen, phosphorus, or sediment load reductions necessary to meet:
(i) Chesapeake Bay total maximum daily loads, including the requirements in a watershed implementation plan;
(ii) Local total maximum daily loads; or
(iii) Other water quality requirements for managing nitrogen, phosphorus, or sediment.
Application or enforcement of laws
(b) Subsection (a) of this section may not prevent the application or enforcement of any other laws, regulations, or permits, including:
(1) Orders seeking a corrective action for a violation of Title 4, Subtitle 4 of the Environment Article;
(2) Titles 5 and 16 of the Environment Article;
(3) Title 9, Subtitles 2 and 3 of the Environment Article;
(4) Title 8, Subtitle 18 of the Natural Resources Article;
(5) The adoption of a growth tier map by a local jurisdiction under Title 1, Subtitle 5 of the Land Use Article;
(6) Any State or local law or regulation that regulates the development of land;
(7) The federal Clean Water Act;
(8) Any regulation governing the management of agricultural sources of nitrogen, phosphorus, or sediment initiated by the Department before the enactment of this subtitle; or
(9) Any applicable laws or regulations that have been enacted, but are subject to a delayed implementation period.
Subsequent laws and regulations
(c) A local government entity may not enforce State or local laws, regulations, rules, ordinances, or standards adopted after the date of certification relating to agricultural sources of nitrogen, phosphorus, or sediment for an agricultural operation certified under this subtitle until the end of the certification period.
Program termination
(d) If the Program established under this subtitle is terminated, an agricultural operation certified under the Program shall:
(1) Remain certified for the remainder of the certification period for the agricultural operation; and
(2) Be subject to State and local laws or regulations applicable at the time of certification, including this subtitle and the terms and conditions of the certainty agreement entered into under this subtitle.

Credits

Added by Acts 2013, c. 339, § 1, eff. Oct. 1, 2013.
MD Code, Agriculture, § 8-1006, MD AGRIC § 8-1006
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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