Md. Code, Local Government § 13–605

(a) In this section, “Advisory Board” means the Garrett County Agricultural

Preservation Advisory Board.

(b) The County Commissioners of Garrett County shall adopt rules,

regulations, and procedures for:

(1) the establishment and monitoring of agricultural districts; and

(2) the evaluation of land to be included in agricultural districts.

(c) (1) The rules, regulations, and procedures adopted by the County

Commissioners of Garrett County shall contain the provisions set forth in this

subsection.

(2) (i) One or more landowners actively devoted to agricultural

use may file a petition with the county commissioners requesting the establishment

of an agricultural district on the land owned by the petitioners.

(ii) The petition filed in accordance with subparagraph (i) of

this paragraph shall include maps and descriptions of the current use of land in the

proposed district.

(3) On receipt of a petition to establish an agricultural district, the

county commissioners shall refer the petition and accompanying materials to the

Advisory Board and the county planning commission.

(4) Within 60 days after the referral of a petition:

(i) the Advisory Board shall advise the county commissioners:

1. whether the land in the proposed district meets the

requirements established by the county under subsection (e) of this section; and

2. whether the Advisory Board recommends

establishment of the district; and

(ii) the county planning commission shall advise the county

commissioners:

1. whether establishment of the district is compatible

with existing or approved county plans and policy; and

2. whether the county planning commission

recommends establishment of the district.

(5) (i) If either the Advisory Board or the county planning

commission recommends approval, the county commissioners shall hold a public

hearing on the petition.

(ii) Adequate notice of a hearing under subparagraph (i) of this

paragraph shall be made to:

1. all landowners in the proposed district; and

2. the Maryland Agricultural Land Preservation

Foundation.

(6) Within 120 days after the receipt of the petition or application,

the county commissioners shall decide whether the proposed agricultural district will

be established.

(7) (i) The establishment of an agricultural district does not take

effect until all landowners in the proposed district have executed an agreement with

the county commissioners that:

1. is recorded in the county land records;

2. requires a landowner to keep the landowner’s land

in agricultural use for a minimum of 3 years from the establishment of the

agricultural district; and

3. maintains the right of a landowner to sell an

easement for development rights on the land to the Maryland Agricultural Land

Preservation Foundation.

(ii) In the event of severe economic hardship, the county

commissioners may release the landowner’s property from the agricultural district.

(iii) After meeting the minimum 3–year requirement in the

agricultural district agreement under subparagraph (i)2 of this paragraph, a

landowner may terminate the property’s designation as an agricultural district by

notifying the county commissioners in writing 1 year before the desired date of

termination.

(8) After the establishment of an agricultural district, the county

commissioners may review the use of the land within the agricultural district.

(9) The county commissioners may approve the alteration or

termination of an agricultural district only if the use of the land within the

agricultural district has changed so that the land within the district fails to meet the

county requirements under subsection (e) of this section.

(d) Rules, regulations, or procedures adopted by the County Commissioners

of Garrett County under this section may not require a natural gas rights owner or

lessee to subordinate its interest to the interest of the county commissioners if the

county commissioners determine that the exercise of the natural gas rights will not

interfere with an agricultural operation conducted on land in the agricultural district

or on land subject to an easement.

(e) Rules, regulations, or procedures adopted by the County Commissioners

of Garrett County relating to land that may be included in an agricultural district

shall provide that:

(1) the land shall meet productivity, acreage, and locational criteria

determined by the county commissioners to be necessary for the continuation of

farming;

(2) the county commissioners shall attempt to preserve the minimum

number of acres in a given agricultural district that may reasonably be expected to

promote the continued availability of agricultural suppliers and markets for

agricultural goods; and

(3) land within the boundaries of a 10–year water and sewer service

district may be included in an agricultural district only if, in the discretion of the

county commissioners, that land is outstanding in productivity and is of significant

size.

(f) (1) Land may be included in an agricultural district only if the rules,

regulations, and procedures of the County Commissioners of Garrett County that

govern the land allow the activities listed under § 2–513 of the Agriculture Article.

(2) Agricultural districts may be established on any land in

agricultural use, but only if the landowner agrees to the conditions, restrictions, and

limitations under § 2–513 of the Agriculture Article.

(g) The Maryland Agricultural Land Preservation Foundation may not

purchase an easement on land that is located in Garrett County but that is outside of

an agricultural district established under this section.

(h) This section does not preclude a landowner from selling the landowner’s

property.