{"data":{"id":"us-md/md.-code-local-government-13-605","jurisdiction":"us-md","citation":"Md. Code, Local Government § 13–605","heading":"","body":"(a) In this section, “Advisory Board” means the Garrett County Agricultural\nPreservation Advisory Board.\n(b) The County Commissioners of Garrett County shall adopt rules,\nregulations, and procedures for:\n(1) the establishment and monitoring of agricultural districts; and\n(2) the evaluation of land to be included in agricultural districts.\n(c) (1) The rules, regulations, and procedures adopted by the County\nCommissioners of Garrett County shall contain the provisions set forth in this\nsubsection.\n(2) (i) One or more landowners actively devoted to agricultural\nuse may file a petition with the county commissioners requesting the establishment\nof an agricultural district on the land owned by the petitioners.\n(ii) The petition filed in accordance with subparagraph (i) of\nthis paragraph shall include maps and descriptions of the current use of land in the\nproposed district.\n(3) On receipt of a petition to establish an agricultural district, the\ncounty commissioners shall refer the petition and accompanying materials to the\nAdvisory Board and the county planning commission.\n(4) Within 60 days after the referral of a petition:\n(i) the Advisory Board shall advise the county commissioners:\n1. whether the land in the proposed district meets the\nrequirements established by the county under subsection (e) of this section; and\n2. whether the Advisory Board recommends\nestablishment of the district; and\n(ii) the county planning commission shall advise the county\ncommissioners:\n1. whether establishment of the district is compatible\nwith existing or approved county plans and policy; and\n2. whether the county planning commission\nrecommends establishment of the district.\n(5) (i) If either the Advisory Board or the county planning\ncommission recommends approval, the county commissioners shall hold a public\nhearing on the petition.\n(ii) Adequate notice of a hearing under subparagraph (i) of this\nparagraph shall be made to:\n1. all landowners in the proposed district; and\n2. the Maryland Agricultural Land Preservation\nFoundation.\n(6) Within 120 days after the receipt of the petition or application,\nthe county commissioners shall decide whether the proposed agricultural district will\nbe established.\n(7) (i) The establishment of an agricultural district does not take\neffect until all landowners in the proposed district have executed an agreement with\nthe county commissioners that:\n1. is recorded in the county land records;\n2. requires a landowner to keep the landowner’s land\nin agricultural use for a minimum of 3 years from the establishment of the\nagricultural district; and\n3. maintains the right of a landowner to sell an\neasement for development rights on the land to the Maryland Agricultural Land\nPreservation Foundation.\n(ii) In the event of severe economic hardship, the county\ncommissioners may release the landowner’s property from the agricultural district.\n(iii) After meeting the minimum 3–year requirement in the\nagricultural district agreement under subparagraph (i)2 of this paragraph, a\nlandowner may terminate the property’s designation as an agricultural district by\nnotifying the county commissioners in writing 1 year before the desired date of\ntermination.\n(8) After the establishment of an agricultural district, the county\ncommissioners may review the use of the land within the agricultural district.\n(9) The county commissioners may approve the alteration or\ntermination of an agricultural district only if the use of the land within the\nagricultural district has changed so that the land within the district fails to meet the\ncounty requirements under subsection (e) of this section.\n(d) Rules, regulations, or procedures adopted by the County Commissioners\nof Garrett County under this section may not require a natural gas rights owner or\nlessee to subordinate its interest to the interest of the county commissioners if the\ncounty commissioners determine that the exercise of the natural gas rights will not\ninterfere with an agricultural operation conducted on land in the agricultural district\nor on land subject to an easement.\n(e) Rules, regulations, or procedures adopted by the County Commissioners\nof Garrett County relating to land that may be included in an agricultural district\nshall provide that:\n(1) the land shall meet productivity, acreage, and locational criteria\ndetermined by the county commissioners to be necessary for the continuation of\nfarming;\n(2) the county commissioners shall attempt to preserve the minimum\nnumber of acres in a given agricultural district that may reasonably be expected to\npromote the continued availability of agricultural suppliers and markets for\nagricultural goods; and\n(3) land within the boundaries of a 10–year water and sewer service\ndistrict may be included in an agricultural district only if, in the discretion of the\ncounty commissioners, that land is outstanding in productivity and is of significant\nsize.\n(f) (1) Land may be included in an agricultural district only if the rules,\nregulations, and procedures of the County Commissioners of Garrett County that\ngovern the land allow the activities listed under § 2–513 of the Agriculture Article.\n(2) Agricultural districts may be established on any land in\nagricultural use, but only if the landowner agrees to the conditions, restrictions, and\nlimitations under § 2–513 of the Agriculture Article.\n(g) The Maryland Agricultural Land Preservation Foundation may not\npurchase an easement on land that is located in Garrett County but that is outside of\nan agricultural district established under this section.\n(h) This section does not preclude a landowner from selling the landowner’s\nproperty.","path":["Article - Local Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=glg\u0026section=13-605","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:58Z","sha256":"4a67b8fc15645083a4d7f6d59919405a320a3c47e437a269779c87cb93c1a987","source_id":"us-md","stale":false,"prev":"us-md/md.-code-local-government-13-604","next":"us-md/md.-code-local-government-13-606"},"notice":"GroundRules: Original legal text. Not legal advice."}