This chapter shall apply to all existing agricultural land preservation
districts and any future districts created under this chapter. All such districts
shall provide for the protection of normal agricultural activities within
the districts in accordance with this chapter.
The following terms have the meanings indicated:
AGRICULTURAL DESIGNATION
Land identified as agricultural resource areas in the General Land
Use Map and located in the county's Agriculture/Rural Zoning District.
AGRICULTURAL PRESERVATION PROGRAM ADMINISTRATOR (PROGRAM ADMINISTRATOR)
An individual appointed by the Director of the Department of Planning,
Zoning and Community Development (herein referred to as the "Director") to
assist landowners in the establishment of state and county agricultural districts
or the sale of an easement and to administer the provisions of this chapter.
AGRICULTURE
The bona fide use of a parcel of land for cultivation, raising of
poultry and livestock and similar agrarian activity, including the producing
of crops; breeding, boarding or training of animals; horticulture; apiaries;
hydroponics; viniculture; forestry; and the related buildings, structures
and appurtenances necessary to carry out the aforementioned activities as
approved by the Advisory Board.
COUNCIL
The Wicomico County Council.
[Amended 10-17-2006 by Bill No. 2006-11]
COUNTY
Wicomico County, Maryland.
EASEMENT
A restrictive covenant or encumbrance running with the land that
restricts the landowner's rights to develop or otherwise limits the uses
permitted on a property to agricultural and other uses as specified in this
chapter.
FOUNDATION
The Maryland Agricultural Land Preservation Foundation.
FUND
County funds allocated for the Agricultural Land Preservation Program.
[Amended 10-17-2006 by Bill No. 2006-11]
LANDOWNER
A person or corporation with legal title to a parcel of land within
Wicomico County. Landowner includes a successor in interest.
OPEN SPACE DESIGNATION
A denotation of woodlands and other natural areas identified as natural
features in the General Land Use Map and which are not already protected from
development by law.
OWNER'S LOT
A building lot not exceeding 40,000 square feet, unless required
by the Health Department, for the construction of a dwelling for the original
district landowner.
PRODUCTIVE AGRICULTURAL LAND
Land eligible to be included in a state agricultural district in
accordance with the criteria of the state program.
PROPERTY TAX CREDITS
Credit received for county property taxes on agricultural land, woodland
and farm structures enrolled in a ten-year county agricultural district.
SEVERE ECONOMIC HARDSHIP
A hardship determined by the County Council based upon evidence of:
C.
Farm owner/operator disability; or,
D.
Other information deemed relevant.
SOIL AND WATER CONSERVATION PLAN
A plan approved by the Wicomico County Soil Conservation District
outlining agricultural land use activities and associated conservation practices.
WOODLAND
Land area in a state or county forest management program dominated
by trees and other woody plants, including trees and woody plants that have
been cut but not cleared.
A landowner in Wicomico County who is interested in protecting his/her
land from development by preserving it for agricultural purposes and/or is
interested in preserving the woodlands on his/her property in this program,
may submit an application for the establishment of an agricultural land preservation
district in accordance with the provisions of this chapter, the Agriculture
Article of the Annotated Code of Maryland, sections 2-501 through 2-515, and
regulations adopted pursuant thereto by the Maryland Agricultural Land Preservation
Foundation.
The value of the easement, which is the purchase price to be paid to
the landowner by the county upon execution of an easement agreement, shall
be based on an appraisal obtained by the county. A ratio of 60% of fair market
value of fee simple land shall be used to calculate the development rights
value of the property. This ratio shall be reviewed annually by the Program
Administrator. After review and recommendation, the Director may authorize
a change in the development rights value. If the landowner is dissatisfied
with the appraisal obtained by the county, the landowner may obtain another
appraisal at his or her sole expense that is prepared by an appraiser approved
by the county. The price paid for the easement shall be the average of the
two approved appraisals; but in no event less than the amount set forth in
the county's appraisal.
The priority for the purchase of easements is based on factors which
are necessary to preserve the county's agricultural lands and woodlands
as determined by the Program Administrator. These factors include: land capability,
size, consistency with the comprehensive plan and proximity to other districts.
The following is an explanation of how these factors are rated on the easement
sale prioritization formula form.
A. Soil capability. Soil capability is based on the United
States Department of Agriculture soil capability classes and woodland suitability
groups. After subtracting one acre for each dwelling from the proposed easement's
total area, the rating of the remaining acreage is determined by assigning
the following points:
(1) Fifty percent or more Classes I and II: 20 points.
(2) Fifty percent or more Classes II and III: 16 points.
(3) Fifty percent or more in other classes: 12 points.
B. District size. After subtracting one acre for each dwelling
located in the easement, the following points will be assigned based on district
size:
(1) 100 acres or larger: 10 points.
C. Concentration of conservation lands. To encourage the
acquisition of continuous easements, the following points will be awarded
for districts beginning within 1.5 miles of other agricultural districts,
easements or other permanent preservation easements as follows:
(1) 1,000 acres or more: 20 points.
(2) 750 - 999 acres: 18 points.
(3) 500 - 749 acres: 16 points.
(4) 0 - 499 acres: 14 points.
D. Area of district actively devoted to agriculture. To
preserve the integrity of the county's agricultural preservation program,
the following points will be awarded to districts based on the percentage
of the farm actively devoted to agricultural activities. This includes the
total acreage in crop fields, pasture land, livestock operations, agricultural
buildings, etc. The total does not include woodlands, wetlands, lawns, home
areas and other areas not used for agricultural purposes.
(1) 75 - 100% of district: 15 points.
(2) 50 - 74.9% of district: 12 points.
(3) 25 - 49.9% of district: 9 points.
(4) Less than 25% of district: 6 points.
E. Consistency with the comprehensive plan.
(1) An easement application for a district located in an
area designated as agricultural/resource and located within the county's
agricultural land preservation target areas will be awarded 15 points.
(2) An easement application for a district located in an
area designated as agricultural/resource but located outside of the county's
agricultural land preservation target areas will be awarded eight points.
(3) An easement application for a district located in an
area designated for development purposes will be awarded zero points.
F. Farm owner operation. In order to target agricultural
land preservation easement funding to local farm families and the continuation
of active farming pursuits, the following points will be awarded based on
the district owner's participation in the farming operation.
(1) Applicant lives in the county and is actively involved
in the management and operation of the farm: 20 points.
(2) Applicant lives in the county but is not actively involved
in the management and operation of the farm: 16 points.
(3) Applicant does not live in the county and also is not
actively involved in the management and operation of the farm: 12 points.
G. Rural legacy area. Farms located within a designated
rural legacy area shall receive a preference for funding.
An easement purchased by the county shall be in perpetuity, except as
follows:
A. After 25 years from the date of purchase of an easement,
a landowner may request that the easement be terminated;
B. After review and recommendation by the Planning Director,
the County Council, by ordinance, may authorize the termination of the easement;
and,
C. Within 180 days after adoption of an ordinance authorizing
termination, the landowner may repurchase the easement by paying to the county
the difference between the estimated fair market value and the agricultural
value of the land as set forth in an appraisal ordered by the county and paid
for by the landowner.
[Amended 10-17-2006 by Bill No. 2006-11]
An executed agricultural district agreement and an easement purchase
agreement shall be recorded in the land records of Wicomico County. In addition,
each January, the Director shall prepare an annual report to the County Executive
and County Council that reports all activities dealing with county agricultural
districts and easements.
The Wicomico County Agricultural Land Preservation Program along with
all its appendices is incorporated herein by reference as part of the chapter
as though fully stated herein.
The establishment of agricultural preservation districts and the sale
of agricultural preservation easements shall be subject to the terms of the
Wicomico County Zoning Ordinance, the Wicomico County Subdivision Regulations and all other laws and regulations of Wicomico County, Maryland.