As used in this chapter, the following terms shall have the meanings
indicated:
AGRICULTURAL LAND
All real property within the boundaries of Dorchester County that
is: lying in the Agriculture District; or carried on the tax rolls of the
State Department of Assessments and Taxation as agricultural; or all other
land that has been used as an agricultural operation or forestry continuously
for one year.
AGRICULTURAL OPERATION
Includes but is not limited to all matters set forth in the definition
of "operation" at Md. Cts. & Jud. Proc. Code Ann., § 5-308 (a),
as amended from time to time; the production of all matters encompassed within
the definition of "farm product" at Md. Agriculture Code Ann., § 10-601(c),
as amended from time to time; the cultivation and tillage of the soil; composting;
production, harvesting and processing of agricultural crops; raising poultry;
production of eggs; production of milk and dairy products; production of livestock,
including pasturage; production of bees and their products; production of
fish; production of fruit, vegetables and other horticultural crops; production
of aquatic plants; 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 or to carriers
for transportation to market; and usage of land in furtherance of educational
and social goals, such as 4-H, Future Farmers of America, and the like.
FORESTRY OPERATION
Includes but is not limited to the cultivation and production of
all matters, products, etc., derived from the practice of forestry, as encompassed
within the definition of "practice forestry," as set forth in Md. Bus. Occ.
& Prof. Code Ann., § 7-101(e), as amended from time to time.
GENERALLY ACCEPTED AGRICULTURAL OR FORESTRY PRACTICES
Those methods used in connection with agricultural or forestry operations
which do not violate applicable federal, state or local laws or public health,
safety and welfare and which are generally accepted agricultural or forestry
practices in the agriculture or forestry industry. Generally accepted agricultural
or forestry practices include practices which are recognized as best management
practices and those methods which are authorized by various governmental agencies,
bureaus and departments, such as the Dorchester County Cooperative Extension
Service of the University of Maryland, and the like. If no generally accepted
agricultural or forestry practice exists or there is no method authorized
by those agencies mentioned herein which govern a practice, the practice is
presumed to be a generally accepted agricultural or forestry practice.
HEALTH OFFICER
The Director of the Health Department for Dorchester County or his
designee.
Upon any transfer of real property by any means, the transferor shall
provide the purchaser or lessee a Real Estate Transfer Disclosure Statement,
as prescribed by the Dorchester County Commissioners, specifically advising
the purchaser or lessee of the existence of this Right to Farm Ordinance.
Should any provision, section, paragraph or subparagraph of this chapter,
including any code or text adopted hereby, be declared null and void, illegal,
unconstitutional, or otherwise determined to be unenforceable by a court having
competent jurisdiction, the same shall not affect the validity, legality,
or enforceability of any other provision, section, paragraph or subparagraph
hereof, including any code or text adopted hereby. Each such provision, section,
paragraph or subparagraph is expressly declared to be and is deemed severable.
Section headings, chapter headings, titles, etc., are for the purpose
of description or ease of use and do not form a part of the text of this chapter
or any code or text adopted hereby.
Except to the extent specifically provided herein, this chapter shall
not discharge, impair or release any contract, obligation, duty, liability
or penalty whatever existing on the date of its enactment. It is not intended
hereby that the law of nonconforming use be changed, or that the court's
rule of construction concerning the application of changes in the law during
the pendency of actions be modified hereby, but simply that this chapter should
not effect a change between private parties.
This chapter shall be cited as the "Dorchester County Right to Farm
Ordinance."