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§ 2-518. Priority preservation areas

West's Annotated Code of MarylandAgricultureEffective: July 1, 2019

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 5. Maryland Agricultural Land Preservation Foundation
Effective: July 1, 2019
MD Code, Agriculture, § 2-518
§ 2-518. Priority preservation areas
Currentness
Area defined
(a) In this section, “area” means a priority preservation area.
County comprehensive plan
(b)(1) A county may include a priority preservation area element in the county's comprehensive plan.
(2) A county that applies for certification or recertification under § 5-408 of the State Finance and Procurement Article shall include a priority preservation area element in the county's comprehensive plan.
Area requirements
(c) An area shall:
(1)(i) Contain productive agricultural or forest soils; or
(ii) Be capable of supporting profitable agricultural and forestry enterprises where productive soils are lacking;
(2) Be governed by local policies, ordinances, regulations, and procedures that:
(i) Stabilize the agricultural and forest land base so that development does not convert or compromise agricultural or forest resources; and
(ii) Support the ability of working farms in the priority preservation area to engage in normal agricultural activities; and
(3) Be large enough to support normal agricultural and forestry activities in conjunction with the amount of development permitted by the county in the priority preservation area, as represented in its adopted comprehensive plan.
Area characteristics
(d) An area may:
(1) Consist of a single parcel of land, multiple connected parcels of land, or multiple unconnected parcels of land; and
(2) Include rural legacy areas.
Acreage goal for land to be preserved
(e) A county's acreage goal for land to be preserved through easements and zoning within an area shall be equal to at least 80% of the remaining undeveloped land in the area, as calculated at the time of application for State certification of an area.
Updates to county’s comprehensive plan
(f) Each time a county's comprehensive plan is updated, the update shall include an evaluation of:
(1) The county's progress toward meeting the goals of the Foundation;
(2) Any shortcomings in the county's ability to achieve the goals of the Foundation; and
(3) Past, current, and planned actions to correct any identified shortcomings.
Certification of area
(g) In accordance with § 5-408 of the State Finance and Procurement Article and any regulations adopted under the authority of that section, the Department of Planning and the Maryland Agricultural Land Preservation Foundation shall jointly certify an area.
Review of county’s comprehensive plan
(h) In accordance with § 5-408 of the State Finance and Procurement Article, the Department of Planning and the Maryland Agricultural Land Preservation Foundation shall review any update to a county's comprehensive plan or any other change that may affect an area.

Credits

Added by Acts 2006, c. 289, § 1, eff. June 1, 2006. Amended by Acts 2007, c. 476, § 1, eff. Oct. 1, 2007; Acts 2019, c. 129, § 1, eff. July 1, 2019.
MD Code, Agriculture, § 2-518, MD AGRIC § 2-518
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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