[HISTORY: Adopted by the Board of County Commissioners of
Charles County 8-1-2000 by Ord. No. 00-60. Amendments noted where
applicable.]
GENERAL REFERENCES
Right to farm — See Ch. 100.
A.
It is the declared policy of Charles County to preserve, protect
and encourage the cultivation of its agricultural land for the production
of food and other agricultural products. It is the purpose of this
chapter to reduce the loss of County agricultural resources by limiting
the circumstances under which agricultural and forestry operations
may be deemed to constitute a nuisance, trespass or other interference
with the reasonable use and enjoyment of adjacent land, including
but not limited to smoke, odors, dust, noise, chemicals or vibration,
provided that nothing in this chapter shall in any way restrict or
impede the authority of the state and of the County to protect public
health, safety and welfare.
B.
It is in the public's general interest to promote a clearer understanding
between agricultural, forestry operations (including raising and or
harvesting of trees) and nonagricultural residential neighbors concerning
the normal inconveniences of agricultural operations which follow
generally accepted agricultural and forestry practices and do not
danger public health or safety.
C.
This chapter is not intended to and shall not be construed in any
way as modifying or abridging local, state or federal laws relating
to health, safety, zoning, licensing requirements, environmental standards
(including those standards which relate to air and water quality)
and the like.
D.
An additional purpose of this chapter is to promote a good neighbor
policy by advising purchasers and users of property adjacent to or
near agricultural or forestry operations of the inherent potential
problems associated with such purchase or use. These potential problems
include, but are not limited to, noise, odors, dust, chemicals, smoke,
vibration (factors or items that are a direct result of mechanical,
human or animal activities that are associated with agriculture and
forestry production) and hours of operation that may accompany agricultural
operations throughout the year. It is intended that a mandatory disclosure
statement be made available so that purchasers and users of real property
will better understand the impact of living near agricultural or forestry
operations and be prepared to accept attendant conditions as the natural
result of living in or near rural areas.
As used in this chapter, the following terms shall have the
meanings indicated:
Pertains to those normal activities associated with agricultural
or forestry production that are performed during various times of
the year. The operator, owner or is/her designee needs to perform
any normal agricultural or forestry activities in a manner that shows
common courtesy and will have minimal impact on the surrounding property
owners. The daily activities shall be performed in a manner that will
have minimal impact on the environment as well as human health.
All real property within the boundaries of Charles County
that is:
Lying in the Agricultural or Rural Conservation District; or
Carried on the tax rolls of the State Department of Assessments
and Taxation as agricultural, with the exception of the agricultural
assessed land with planned unit development (PUD) zoning; or
All other land that has been used as an agricultural or forestry
(raising and harvesting trees on site as an agricultural product with
the use of sound forest management practices) operation continuously
for one year (single growing season).
Includes, but is not limited to, all matters set forth in
the definition of "agricultural operation" in § 5-403, Courts
and Judicial Proceedings, 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), Agriculture,
Annotated Code of Maryland, 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; aquiculture; production of timber and commercial agricultural
procedures 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.
A flying vehicle that is used to perform a variety of duties
related to agricultural and forestry production that include: seeding,
spraying, dusting and control of forest fires.
Includes, but is not limited to, the propagation, raising,
cultivation and production of all products derived from the practice
of forestry on site, as encompassed within the definition of "forestry,"
as set forth in § 7-101(c), Business Occupations and Professions,
Annotated Code of Maryland, as amended from time to time.
Those methods used in connection with agricultural or forestry
operations which do not violate applicable federal, state or local
laws or the 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 those practices which are recognized as best management practices
and those methods which are recommended by various governmental agencies,
bureaus and departments, such as the Charles County Cooperative Extension
Service of the University of Maryland (CES), Charles County Soil Conservation
District (SCD), Farm Service Agency (FSA), Natural Resource Conservation
Service (NRCS) and the Charles County Forestry Department.
Organic or inorganic materials that are added to the soil
that help to improve soil tilth, soil permeability, soil water-holding
capacity and soil organic matter. Soil amendments may include, but
are not limited to: sewage sludge (biosolids), animal wastes, leaves,
grass cuttings, compost, etc. These materials must be used and applied
in a manner that is consistent with best management practices and
nutrient management planning.
The noise, sound or linear motion that results when agricultural
or forestry equipment is performing normal seasonal activities. These
include: cultivation, plowing, discing, planting, spraying, irrigating,
harvesting, crop driers, hauling and transporting of agricultural
and forestry products and other activities associated with normal
agricultural activities, including the harvesting of trees.
B.
In addition, a private action may not be sustained on the grounds
that the agricultural or forestry operation interferes or has interfered
with the use or the enjoyment of property, whether public or private,
if:
(1)
The agricultural or forestry operation, including any change in the
operation, has been underway for a period of one year or more and
if the operation or change did not constitute a nuisance from the
date the operation or change in the operation began; and
(2)
The agricultural or forestry operation is conducted substantially
in accordance with generally accepted agricultural or forestry practices.
C.
Notwithstanding any provision of this section, no action alleging that an agricultural operation or forestry operation has interfered with the reasonable use or enjoyment of real property or personal well-being shall be maintained if the plaintiff has not sought and obtained a final judgment from the Agricultural Reconciliation Committee, as defined in § 235-4 herein.
A.
Nuisances which affect public health.
(1)
Complaints. A person may complain to the Charles County Health Department
to declare that a nuisance exists which affects public health.
(2)
Investigations. The Health Officer shall investigate all complaints
of nuisances received against an agricultural or forestry 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 determine not to investigate such
a complaint. The Charles County Health Department may initiate investigations
without citizen complaint.
(3)
After the Health Officer has completed the investigation, the Health
Officer will report the findings to the Agricultural Reconciliation
Committee, to aid in their nuisance determination.
B.
Resolution of disputes regarding agricultural and forestry operations.
(1)
Should any controversy arise regarding an interference with the use
or enjoyment of property resulting from agricultural or forestry operations
conducted on agricultural land, the parties to that controversy shall
submit the controversy to the Agricultural Reconciliation Committee
as set forth below.
(2)
The Charles County Agricultural Reconciliation Committee shall arbitrate
and mediate disputes involving agricultural or forestry operations
conducted on agricultural lands and issue opinions on whether such
agricultural or forestry operations are conducted in a manner consistent
with generally accepted agricultural or forestry management practices.
(3)
The Agricultural Reconciliation Committee shall be composed of five
persons, all Charles County residents, who are appointed by the County
Commissioners of Charles County. One member shall be recommended by
the Agricultural Land Preservation Advisory Board, one member shall
be recommended by the Charles County Farm Bureau and three members
shall be chosen at large by the Commissioners representing the entire
County. Members of the Committee shall serve at the pleasure of the
County Commissioners for two full four-year terms. Members shall have
the option to be considered for reappointment, and the term limit
of each member will be based on County policy unless the County Commissioners
of Charles County decide otherwise.
[Amended 9-29-2021 by Bill No. 2021-05]
(4)
The Agricultural Reconciliation Committee will conduct its proceedings
in an informal manner, and the rules of evidence shall not apply.
In each case before it, the Agricultural Reconciliation Committee
shall issue orders settling or otherwise resolving controversies arising
out of agricultural or forestry operations, including but not limited
to the invasion of property and personal rights.
(5)
If the Agricultural Reconciliation Committee or a court finds that
the conduct of a party in bringing or maintaining an action in connection
with an agricultural or forestry operation conducted on agricultural
land was in bad faith or without substantial justification, the Reconciliation
Committee or court may require that party to pay to the owner of the
agricultural operation or forestry 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.
A.
Upon all transfer of real property, the transferor shall provide
the purchaser or lessee with a statement advising the purchaser or
lessee of the existence of this Right to Farm Ordinance, which shall
be in the form set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
In addition, because of the County's desire to maintain a good neighbor
relationship between the agricultural industry and the citizens, and
the County's desire to provide this information to County real property
owners, the Charles County Treasurer shall mail a copy of the "Right
to Farm Notice" to all owners of real property in Charles County with
the annual tax bill, beginning in fiscal year 2002, in the form set
forth in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
C.
Penalty for violation. Any person who violates any provision of this
section is guilty of an infraction punishable by a civil penalty not
exceeding $100. Failure to comply with any provision of this right
to farm notice and real estate transfer disclosure section shall not
prevent the recording of any document, or the title to real property
or any mortgage or deed of trust made in good faith or for value,
and it shall not affect the application of this chapter.
