[HISTORY: Adopted by the County Council of
Talbot County 2-22-2000 by Bill
No. 752. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the right
to farm or engage in agricultural interests within Talbot County;
to further the efficient regulation of land use in Talbot County;
and to assist in the resolution of disputes between agricultural land
owners and/or farmers and their neighbors by the establishment of
the Talbot County Agricultural Resolution Board to resolve disputes
concerning alleged agricultural nuisances.
B.
When conducted within standard and generally accepted
agricultural practices as recommended and/or legally approved by the
Maryland Department of Agriculture, the United States Department of
Agriculture or other state and federal agencies, neighboring property
owners shall have no recourse against the inherent effects of agricultural
operations. These inherent effects include, but are not limited to,
smoke, noise, vibration, odors, fumes, dust, pests, glare, runoff,
the operation of machinery of any kind during any twenty-four-hour
period (including aircraft), the use of irrigation, the storage and
disposal of manure, application of fertilizer, pesticides, and other
agricultural chemicals. This chapter shall not in any way restrict
or impede the authority of the state or County to protect the public
health, safety, or welfare.
C.
The public interest is served through this chapter
by promoting a clearer understanding between agricultural operations
and nonagricultural neighbors concerning the normal inconveniences
of agricultural operations that follow standard and generally accepted
agricultural practices and do not endanger public health or safety.
D.
This chapter is not intended to and shall not modify or abridge local, state or federal laws relating to health, safety, zoning, licensing requirements, or environmental standards. The provisions of this chapter do not supersede Chapter 190, Zoning, Subdivision and Land Development, of the Talbot County Code, and do not in any way alter any County, state, or federal permitting process.
As used in this chapter, the following terms
shall have the meanings indicated:
Real property within the boundaries of Talbot County within
any zoning classification that is carried on the tax rolls of the
State Department of Assessments and Taxation as agricultural land
and all other land that has been used as an agricultural operation
continuously for one year.
The cultivation and tillage of the soil; composting; spraying;
production, harvesting and processing of agricultural crops; use of
irrigation and spreading of manure, lime, fertilizer, and other soil
nutrients and/or improvements; raising poultry and other fowl; production
of eggs; production of milk and dairy products; production of fruit,
vegetables, ornamentals, and other horticultural crops; aquaculture;
production of timber and any commercial agricultural procedure performed
as incident to or in conjunction with such operations, including preparation
for market, delivery to storage or to market. Also, the use of land
for the furtherance of educational and social goals, including but
not limited to 4-H clubs, Future Farmers of America (FFA), agritourism
and alternative agricultural enterprises, and the like. The term also
includes, but is not limited to, all matters set forth in the definition
of "agricultural operation" in Courts and Judicial Proceedings Article,
§ 5-403(a), of the Annotated Code, as amended from time
to time; and the production of all matters encompassed within the
definition of "farm product" in Md. Code Ann., Agriculture Art., § 10-601(c),
as amended from time to time.
All methods of crop and livestock production and management
of vegetation and soil. This includes, but is not limited to, the
related activities of tillage, fertilization, pest control, harvesting,
and marketing. Agriculture also includes, but is not limited to, the
activities of feeding, housing, and maintaining of animals such as
cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling
of their by-products as well as those structures required for support
of an ongoing agricultural operation.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxins, and sediment. Agricultural
best management practices include, but are not limited to, strip cropping,
terracing, contour stripping, grass waterways, animal waste structures,
ponds, minimal tillage, grass and naturally vegetated filter strips,
and proper nutrient management measures.
Any agricultural, horticultural, vegetable, or fruit product
of the soil, including livestock, meats, poultry, eggs, dairy products,
wool, hides, feathers, nuts, honey, and every product of farm, forest,
orchard, garden or water, including aquacultural products, but does
not include canned, frozen, dried, or pickled products [Md. Code Ann.,
Agriculture Art., § 10-601(c)].
Methods used in connection with agricultural operations that
do not violate applicable federal, state or local laws or public health,
safety and welfare and which are generally accepted agricultural practices
in the agriculture industry. Generally accepted agricultural practices
include, but are not limited to, practices that are recognized as
best management practices, and methods that are recommended by various
governmental agencies, bureaus, and departments, such as the University
of Maryland Cooperative Extension, the Talbot Soil Conservation District,
and the like.
A.
A private action may not be sustained with respect
to an agricultural operation conducted on agricultural land on the
grounds that the agricultural operation interferes or has interfered
with the use and enjoyment of property, whether public or private,
if the agricultural operation was, at the time the interference is
alleged to arise, conducted substantially in accordance with generally
accepted agricultural practices.
B.
Notwithstanding any provision of this section, no
action alleging that an agricultural operation has interfered with
the reasonable use or enjoyment of real property or personal well-being
may be filed in the Circuit Court if the plaintiff has not sought
and obtained a final judgment of the Talbot County Agricultural Resolution
Board.
A.
There is hereby established the Talbot County Agricultural
Resolution Board ("Board"). The Board shall arbitrate and mediate
disputes involving agricultural operations conducted on agricultural
lands and issue findings concerning whether or not such agricultural
operations are conducted in a manner consistent with generally accepted
agricultural practices.
B.
The Board shall be composed of five voting and two
nonvoting members appointed by the Talbot County Council. Initial
appointments shall not exceed four years beginning January 1, 2000.
Subsequent appointments shall be for staggered four-year terms with
at least one term expiring each year. Public notice of Board meetings
is not required. Board meetings are open to the public. The Board
shall convene annually to elect a Chairperson and Vice Chairperson,
one of whom shall be from the agricultural community and the other
of whom shall not be from the agricultural community. The Board shall
establish rules of procedure, which shall be submitted to the Talbot
County Council for review and approval. Upon the request of a party
or upon their own initiative the Chairperson of the Board, or Vice
Chairperson in the absence of the Chairperson, shall have the power
to issue subpoenas for the presence of witnesses, the production of
evidence, or both. Board members shall serve without monetary compensation.
The voting members of the Board shall be composed of:
C.
A representative of the University of Maryland Cooperative
Extension and a member of the Talbot Soil Conservation District shall
be appointed by the Talbot County Council to serve as nonvoting members
of the Board. In any dispute, they may present facts and information
and expert opinions to the Board based on generally accepted scientific
research and best management agricultural practices as they pertain
to a particular dispute. The Board shall consider their opinions in
any final recommendations.
D.
The Board may request that an attorney be present
at the meeting where the members believe legal advice is required
to resolve the dispute. The Talbot County Manager may authorize the
Board to employ a member of the Talbot County Bar to be present and
provide legal assistance. The attorney shall be compensated at a rate
not to exceed the rate of compensation then in effect for the Talbot
County Attorney.
E.
Staff from the Talbot County Planning Office shall
prepare staff reports and record and maintain minutes of the Board
in a permanent record file. The entirety of the file shall be available
for public review upon request.
A.
Complaints. Complaints of nuisances that allegedly
affect the reasonable use and enjoyment of property shall be made
to the Talbot County Office of Planning and Zoning (Planning Office).
Complaints that allege an impact to public health also shall be forwarded
to the Talbot County Health Department.
B.
Investigation. Upon receipt of a written complaint,
a copy shall be provided to all parties involved and the Planning
Office shall initiate an investigation. The Planning Office shall
contact both parties involved in the dispute to ensure full understanding
of the nature of the complaint. In addition, the Planning Office may
enlist the professional expertise of the University of Maryland Cooperative
Extension, the Talbot Soil Conservation District, or other qualified
experts in the relevant field to clarify the issues pertaining to
the complaint. Once the investigation is complete, the Planning Office
shall prepare a staff report with all pertinent information and submit
same to the Talbot County Agricultural Resolution Board.
C.
Resolution.
(1)
Upon receipt of the staff report from the Planning
Office, the Board may request further information from the Planning
Office staff. In accordance with the rules of procedure, the Board
may, on its own initiative or shall at the request of any party, issue
subpoenas for witnesses or pertinent evidence to be produced at the
hearing. Board members shall visit the site of the complaint prior
to the formal hearing.
(2)
Within 45 days of receipt of the written complaint and the staff report from the Planning Office, the Board shall schedule a formal hearing at no cost to the parties involved in the complaint. Notice shall be sent to all parties at least 10 days prior to the hearing. The Board may request legal assistance as provided in § 128-4. All parties involved in the complaint shall have an opportunity to present pertinent facts, be represented by counsel, examine and cross-examine witnesses, and present oral and written information to the Board. The formal rules of evidence shall not apply. The proceedings shall be recorded and a record kept of all exhibits offered by any party.
(3)
The Board shall decide whether the particular agricultural
practice does or does not conform to generally accepted agricultural
practices. The Board's decision in this respect creates a rebuttable
presumption which shall be admissible in evidence in any subsequent
civil proceeding in the Circuit Court arising out of the matters set
forth in the complaint. In addition, if the Board finds that a particular
practice alleged in the complaint does not conform to generally accepted
agricultural practices, it may specify and recommend alternative practices
which do conform. If all parties consent to the adoption and enforcement
of those practices in full and final resolution of the dispute, the
Board shall prepare and issue a written decision to that effect which
shall be treated in all respects as a final and binding arbitration
award.
(4)
After the formal hearing, the Board may render an
immediate verbal decision or may decide to render a written decision
within 30 days after the formal hearing which, shall include findings
of fact and a statement of reasons for the decision. A copy of any
written decision shall be mailed to the parties.
(5)
The decision of the Board may be appealed in the Circuit
Court in accordance with Title 7, Chapter 200, of the Maryland Rules.
Any appeal shall be filed within 30 days of the date of the decision.
In the absence of an appeal, the Board's decision shall be final.
A.
Real estate transfer disclosure statement. An additional
purpose of this chapter is to promote a good neighbor policy by advising
purchasers and users of property, adjacent to or near agricultural
land and agricultural operations, of the inherent effects associated
with the agricultural industry as a whole. Upon any transfer of real
property by any means, the transferor shall provide the purchaser
or lessee a statement specifically advising the purchaser or lessee
of the existence of this chapter that shall be substantially the form
set forth in Appendix A.[1] The transferor shall require that the purchaser or lessee
sign the statement.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Right-to-farm notice. In order to inform Talbot County
residents of the existence of this chapter, a copy of the right-to-farm
notice shall be mailed to all owners of real property in Talbot County
in substantially the form set forth in Appendix B.[2] This mailing shall occur only once with the first annual
tax bill after the effective date of this chapter.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
Failure to comply. Failure to comply with § 128-6 above, Real estate transfer disclosure statement and right-to-farm notice, shall not prevent the recording of any document, shall have no effect on the title to real property or any mortgage or deed of trust made in good faith or for value, and it shall not affect the application of this chapter.
