[HISTORY: Adopted by the County Commissioners
of Kent County 4-3-1990 as Ch. 6, Art. VI, of the 1989 Code; amended in its entirety 6-3-2008 by Bill No. 4-2008. Subsequent amendments noted where
applicable.]
The provisions of this chapter shall apply to
all Kent County agricultural preservation districts established pursuant
to the Agriculture Article, Title 2, Subtitle 5, of the Annotated
Code of Maryland.
Pursuant to the Agriculture Article, Title 2,
Subtitle 5, of the Annotated Code of Maryland, agricultural preservation
districts may be established in Kent County.
Such districts shall provide for the protection
of normal agricultural activities in the districts through the following
provisions:
A.
Any farm use of land is permitted.
B.
Operation at any time of machinery used in farm production
or the primary processing of agricultural products is permitted.
C.
Normal agricultural activities and operations in accordance
with good husbandry practices which do not cause bodily injury or
directly endanger human health are permitted and preferred activities,
including activities which may produce normal agriculturally related
noise and odors.
D.
The sale of farm products produced on the farm where
the sales are made is permitted.
Official maps of agricultural preservation districts
shall be located at the Kent County Planning Office and shall be revised
from time to time to reflect the establishment, alteration and abolition
of agricultural preservation district boundaries. The official maps
shall be made current at least once a year, by June 30 of each year,
and shall be published at the same scale as the Department of Assessment
and Taxation maps.
A.
Any landowner whose land is actively devoted to agricultural
use may voluntarily file an application on forms provided by the Department
of Planning, Housing and Zoning requesting the establishment of an
agricultural preservation district.
B.
The application shall include a general description
of each land parcel, including acreage and the current use of the
land, and shall be consistent with the criteria to sell an easement
established in the Agriculture Article, Title 2, Subtitle 5, of the
Annotated Code of Maryland and Maryland Regulations 15.15.01.
C.
Upon receipt of an application to establish an agricultural
preservation district, the Department of Planning, Housing and Zoning
shall refer the application to the Kent County Agricultural Preservation
Advisory Board and the Kent County Planning Commission.
D.
Within 60 days of the referral of the application,
the Agricultural Preservation Advisory Board and the Planning Commission
shall advise the County Commissioners as to whether or not establishment
of the district meets the criteria established pursuant to the Agriculture
Article, Title 2, Subtitle 5, of the Annotated Code of Maryland and
is compatible with existing County plans and overall County policy.
E.
If either the Agricultural Preservation Advisory Board
or the Planning Commission recommends approval, the County Commissioners
shall hold a public hearing on the application. Adequate notice of
the hearing shall be given to all landowners of the proposed district.
F.
Within 60 days of referral of the application, the
County Commissioners shall render a decision as to whether or not
the application is approved.
G.
The establishment of the district shall not take effect
until all landowners of the proposed district have executed and recorded
among the land records an agreement with the County stipulating that
for a minimum period of three years from the establishment of the
district, the landowner agrees to keep his land in agricultural use
and has the right to offer to sell an easement for development rights
on his land to the Foundation under the provisions of the Agriculture
Article, Title 2, Subtitle 5, of the Annotated Code of Maryland.
H.
All such district agreements, together with property
descriptions, shall be maintained in an official file and be available
at the Kent County Department of Planning, Housing and Zoning, Chestertown,
Maryland.
A.
Agricultural preservation districts shall continue
in effect indefinitely unless terminated in accord with any of the
procedures provided herein.
B.
After three years. A landowner may terminate his property's
inclusion in an agricultural preservation district at any time after
three years from the establishment of the district unless the landowner
has accepted an offer to sell an easement. Written notice of intention
to terminate may be submitted to the Department of Planning, Housing
and Zoning any time after the third year.
C.
If severe economic hardship occurs, the County Commissioners,
with the concurrence of the Agricultural Preservation Advisory Board,
may release the landowner's property from an agricultural preservation
district at any time.
(1)
To obtain the relief available under this regulation,
the landowner shall petition the County, stating succinctly the severe
economic hardship that the landowner is sustaining, and providing
the County with the following information:
(a)
A recent financial statement which shows the
owner's complete assets and liabilities and a statement that the information
contained in the financial statement is true and accurate;
(b)
Other information attesting to the severe economic
hardship that the landowner is sustaining, including, by way of example,
information from mortgagees, lien holders, creditors, attorneys, the
Internal Revenue Service, or other third-party interests who are qualified
to address the economic condition of the landowner.
(2)
To the extent permitted by law, the County shall deny public access to the information the landowner has supplied the County under Subsection C(1) of this regulation. Nothing in this regulation shall preclude the County from discussing this information with Agricultural Preservation Advisory Board, whose concurrence is required in any property release under this section.
(3)
If the County approves the petition to release the
landowner's property from a district, the County shall prepare the
release.
A.
Pursuant to Agriculture Article, Title 2, Subtitle
5, the County Commissioners shall approve or disapprove applications
to sell easements in agricultural lands. In considering the approval
or disapproval of applications to sell, the following shall apply:
(1)
The easement shall be on the entire farm unless:
[Amended 8-7-2018 by Bill
No. 3-2018]
(a)
Other easements compatible with the objectives of the County's Agricultural
Preservation Program are combined with an agricultural easement so
that the entire farm is under easement agreement. The other easements,
if any, shall be recorded prior to approval of the agricultural easement;
(b)
Excluded land is planned for a nonagricultural public purpose and
the remainder land area of the farm is at least 50 acres;
(c)
Excluded land contains existing commercial or business use permitted
in accordance with the provisions of the Kent County Land Use Ordinance,
and the remainder land area of the farm is at least 50 acres; or
(d)
Excluded land is leased for personal wireless facilities, or public
utilities and structures, and the remainder land area of the farm
is at least 50 acres.
(2)
More than fifty percent (50%) of the farm's tillable
acreage shall be in the production of food or fiber.
B.
The relationship of the subject farm in respect to
contiguous properties shall be considered by the Board.
C.
The application to sell shall constitute authority
for the Board to enter upon the subject property to inspect the same.
