[HISTORY: Adopted by the County Council of
Talbot County 1-27-1981 by Bill
No. 143. Amendments noted where applicable.]
This chapter shall be known as the "Talbot County
Agricultural Land Preservation Ordinance."
This chapter is adopted for the following purposes:
A.
To provide for the preservation of agricultural lands
through the voluntary establishment of Agricultural Preservation Districts
and for the voluntary sale of development rights easements on eligible
agricultural lands within Talbot County; provided, however, that the
County shall assume no financial responsibility for the purchase of
development rights easements.
B.
To provide for the protection of normal agricultural
activities within established Agricultural Preservation Districts.
C.
To provide procedures for the creation and recording
of official Agricultural Preservation District maps.
D.
To protect and provide for the public health, safety
and general welfare of the citizens of Talbot County.
[Amended 7-24-2001 by Bill No. 837]
This chapter is adopted by virtue of the authority
of Md. Code Ann., Agriculture Art., §§ 2-501 et seq.
Agricultural Preservation Districts established
in Talbot County shall provide for the protection of normal agricultural
activities in the districts through provisions for the following activities:
A.
Any farm use of land is permitted.
B.
Operation at any time of any machinery used in farm
production or the primary processing of agricultural products is permitted.
C.
All normal agricultural operations performed in accordance
with good husbandry practices, which do not cause bodily injury or
directly endanger human health, are permitted and preferred activities,
including but not limited to activities which may produce normal agriculturally
related noise, odor, vibration, fumes, dust or glare.
D.
The sale of farm products produced on the farm where
the sales are made is permitted.
A.
Official maps of Agricultural Preservation Districts
shall be kept and shall be revised from time to time to reflect the
establishment, alteration and abolition of Agricultural Preservation
District boundaries. The official map shall be made current at least
once a year by June 30 of each year and shall be published at the
same scale as the Department of Assessments and Taxation Tax Maps.
The official maps and all revisions thereto shall be certified by
the Clerk to the County Council.
B.
Copies of all official Agricultural Preservation District
maps shall be located in the offices of the Talbot County Planning
Office and shall be available for public inspection.
A.
Upon receipt of a petition to establish an Agricultural
Preservation District, the County Council shall refer the petition
and accompanying materials to both the Advisory Board and to the Planning
Commission.
B.
Within 60 days of the referral of a petition, the Advisory Board shall inform the County Council whether the land in the proposed district meets the qualifications established under § 5-7 of this chapter and whether the Advisory Board recommends establishment of the district.
C.
Within 60 days of the referral of a petition, the
Planning Commission shall inform the County Council whether establishment
of the district is compatible with existing and approved County plans,
programs and overall County policy and whether the Planning Commission
recommends establishment of the district.
D.
If either the Advisory Board or the Planning Commission
recommends approval, the County Council shall hold a public hearing
on the petition. Adequate notice of the hearing shall be given to
all landowners in the proposed district, to landowners adjacent to
the proposed district, as far as feasible, and to the Foundation.
If neither body recommends approval of the petition, the County Council
shall deny the petition and notify the landowner or landowners and
the Foundation, stating the reasons for the denial.
E.
Within 120 days after the receipt of the petition,
the County Council shall render a decision on whether the petition
shall be recommended to the Foundation for approval.
F.
If the County Council decides to recommend approval
of the petition, it shall so notify the Foundation and forward to
the Foundation the petition and all accompanying materials, including
the recommendations of the Advisory Board and Planning Commission,
and a composite property boundary map of the proposed district.
G.
If the County Council recommends denial of the petition,
it shall so inform the Foundation and the petitioner or petitioners,
stating the reasons for this denial.
H.
In accord with Md. Code Ann., Agriculture Art., §§ 2-501
et seq., and with Maryland Regulations 15.15.01, Agricultural Preservation
District establishment shall be accomplished by this chapter only
upon formal notification to the County Council of Talbot County by
the Maryland Agricultural Land Preservation Foundation. Such notification
shall include a copy of the Agricultural Preservation District agreement
signed by all parties and as recorded among the land records of Talbot
County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
All such district agreements, together with property
descriptions, shall be maintained in an official file and be available
from the Talbot County Planning and Zoning Office, County Building,
Easton, Maryland 21601.
A.
Productive capability criteria.
(1)
Agricultural Preservation Districts shall consist
of land which is either used primarily for the production of food
or fiber or is of such open space character and productive capability
that continued agricultural production is feasible.
(2)
The majority of the land area of any Agricultural
Preservation District should consist of USDA Soil Capability Classes
I, II and III or USDA Woodland Groups 1 and 2. Exceptions may include
land areas of lower general capability, but which are characterized
by special capabilities or production as a result of soil, microclimatic,
topographic or hydrologic features, and areas of existing, extensive,
specialized production, including dairying, livestock and poultry
production and fruit and berry production.
B.
District size criteria. An Agricultural Preservation
District may not be less than 100 contiguous acres, except that less
than 100 contiguous acres may constitute a district where smaller
areas are characterized by special capabilities or production as a
result of soil, microclimatic, topographic or hydrologic features.
C.
Locational criteria. Land within the boundaries of
a ten-year water and sewerage service district may be included in
an Agricultural Preservation District only if that land is of outstanding
productivity and is of significant size.
D.
Additions to existing districts. The procedures for
adding land to existing districts shall be the same as for the initial
establishment of districts. There is no minimum size criteria for
the addition of land parcels contiguous to an Agricultural Preservation
District.
As used in this chapter, the following words
and phrases shall be defined as follows:
The Talbot County Agricultural Preservation Advisory Board.
The County Council of Talbot County.
The Maryland Agricultural Land Preservation Foundation.
The Talbot County Planning Commission.
