This chapter is not intended to and shall not
be construed as in any way modifying or abridging local, state or
federal laws, including, but not limited to, laws relating to public
health, safety or welfare, trespass onto agricultural property, zoning,
licensing requirements, environmental standards (including those standards
which relate to air and water quality and pesticide use), and the
like.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL LAND
All real property within the boundaries of Wicomico County
that is:
A.
Lying in the Agricultural-Rural Residential
District; or
B.
Carried on the tax rolls of the State Department
of Assessments and Taxation as agricultural; or
C.
All other land that has been used as an agricultural
operation continuously for one year.
AGRICULTURAL OPERATION
Includes, but is not limited to, all matters set forth in
the definition of "operation" in § 5-308(a) of the Courts
and Judicial Proceedings Article of the Annotated Code of Maryland,
as amended from time to time; the production of all matters encompassed
within the definition of "farm product" in § 10-601(C) of
the Agriculture Article, as amended from time to time; the cultivation
and tillage of the soil; the spreading of manure, lime, fertilizer
and the like; composting; spraying; production, harvesting and processing
of agricultural crops; raising poultry and other fowl; production
of eggs; production of milk and dairy products; production of livestock,
including pasturage; production of bees and their products; production
of fruit, vegetables and other horticultural crops; production of
aquatic plants; aquaculture; production of timber; any commercial
agricultural procedure performed as incident to or in conjunction
with such operations, including preparation for market, delivery to
storage or to market or to carriers for transportation to market;
usage of land in furtherance of educational and social goals, (including,
but not limited to 4-H clubs and Future Farmers of America), agro-tourism
and alternative agricultural enterprises; and the like.
GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES
Those methods used in connection with agricultural operations
which do not violate applicable federal, state or local laws or public
health, safety and welfare and which are agricultural practices in
the agriculture industry. Generally accepted agricultural management
practices include practices which are recognized as generally accepted
management practices and those methods which are authorized by various
governmental agencies, bureaus and departments, such as the Wicomico
County Cooperative Extension Service of the University of Maryland,
the Wicomico County Soil Conservation Districts and the like. If no
generally accepted agricultural management practice exists or if there
is no method authorized by those agencies mentioned herein which governs
a practice, the practice is presumed to be a generally accepted agricultural
management practice.