A. 
There is hereby created and established the Wicomico County Agricultural Reconciliation Committee, hereinafter referred to as "WCARC," which shall arbitrate and mediate disputes involving agricultural operations conducted on agricultural lands and issue opinions on whether such agricultural operations are conducted in a manner consistent with generally accepted agricultural management practices.
B. 
Membership.
(1) 
The WCARC shall be composed of seven residents of the County, all of whom shall be appointed by the County Executive and confirmed by the County Council. The County Executive shall designate the chairman. The Committee shall be composed of one representative from each of the following:
[Amended 10-17-2006 by Bill No. 2006-11]
(a) 
The Wicomico County Farm Bureau;
(b) 
The Coastal Board of Realtors;
(c) 
The Wicomico County Soil Conservation District;
(d) 
The Agricultural Preservation Advisory Board;
(e) 
The Delmarva Poultry Industry-Growers Committee;
(f) 
Chamber of Commerce - AG Committee.
(g) 
Homeowner's Association, who is a resident of Wicomico County.
(2) 
A municipality representative shall serve as an alternate member to the WCARC. This representative shall be rotated between the incorporated municipalities of Wicomico County on a yearly basis.
(3) 
The County extension agent shall serve as an ex-officio member.
[Amended 4-5-2016 by Bill No. 2016-04]
C. 
Terms.
(1) 
The Committee members shall serve a four-year term, except the municipality representative who shall serve a one-year term; however, the initial appointments shall be as follows:
(a) 
Two members shall be chosen to serve four-year terms;
(b) 
Two members shall be chosen to serve three-year terms;
(c) 
Two members shall be chosen to serve two-year terms;
(d) 
One member shall be chosen to serve a one-year term; and
(e) 
The municipality alternate member shall be chosen to serve a one-year term.
(2) 
After these initial appointments, all terms, except the municipal representative, shall be for a full four-year term.
D. 
The Committee shall meet at least one time per year, and its members shall serve as volunteers, with no monetary compensation.
A. 
Nuisances which affect public health.
(1) 
Complaints. A person may complain to the Wicomico County Health Department to declare that a nuisance which affected public health exists.
(2) 
Investigations. The Health Officer may investigate all complaints of nuisance received against an agricultural operation. When a previous complaint involving the same condition resulted in a determination by the Health Officer that a nuisance condition did not exist, the Health Officer may investigate the complaint, but the Health Officer may also determine not to investigate such a complaint. The Wicomico County Health Department may initiate any investigation without citizen complaint.
(3) 
Declaration of a nuisance. If the Health Officer determines that a nuisance exists, the Health Department may declare the existence of a nuisance. In determining whether a nuisance condition exists in connection with an agricultural operation the Health Officer shall apply criteria provided in this chapter. Further, the Health Officer may consider the professional opinion of the Wicomico County Cooperative Extension Service of the University of Maryland or other qualified experts in the relevant field in determining whether the agricultural operation being investigated is conducted in accordance with generally accepted management practices.
B. 
Resolution of disputes regarding agricultural operations.
(1) 
Should any controversies arise regarding an interference with the use or enjoyment of property from agricultural operations conducted on agricultural land, the parties to that controversy shall submit the controversy to the Agricultural Reconciliation Committee, in writing, through the Wicomico County Department of Planning, Zoning and Community Development. The Secretary of the Department shall then notify all Committee members in writing at least 10 days prior to any scheduled hearing.
(2) 
The WCARC will conduct its proceedings in an informal manner and the rules of evidence shall not apply. The WCARC has the power, but is not required hereunder, to hold hearings, and to compel testimony under oath and the production of documents. In each case before it, the WCARC shall issue orders settling or otherwise resolving controversies arising out of agricultural operations, including, but not limited to the invasion of property and personal rights by agricultural operations conducted on agricultural land.
(3) 
Four WCARC members shall constitute a quorum for purposes of holding a hearing.
(4) 
If a hearing ends in a tie vote, no action shall be taken on the complaint that formed the basis of the hearing.
(5) 
Orders of the WCARC shall be binding on the parties as a matter of law, but their enforcement shall be suspended by operation of law if, within 30 days of the date of the Committee's judgment, a party appeals such order to the Circuit Court for Wicomico County. Appeals from orders of the Committee shall be by a trial de novo.
(6) 
If the WCARC or a court finds that the conduct of a party in bringing or maintaining an action in connection with an agricultural operation conducted on agricultural land was in bad faith or without substantial justification, the WCARC or court may require that party to pay the owner of the agricultural operation (or any other party opponent) the costs of the proceeding and the reasonable expenses, including reasonable attorney's fees, incurred by that party in defending against the action.