[Adopted 8-20-1999 by Ord. No. 99-08;
amended in its entirety 11-11-2008 by Ord. No. 08-24]
A.
It is the declared policy of the County to preserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of lawsuits. As a result, agricultural operators are sometimes forced to cease or curtail their operations. Others are discouraged from making investments in agricultural improvements to the detriment of the economic viability of the County's agricultural industry as a whole. It is the purpose of this Part 2 to reduce the loss to the County of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance, trespass, or other interference with the reasonable use and enjoyment of land, including, but not limited to, smoke, odors, flies, dust, noise, chemicals, or vibration, providing that nothing in this Part 2 shall in any way restrict or impede the authority of the state and of the County to protect the public health, safety, and welfare.
B.
It is in the public interest to promote a more clear
understanding between agricultural operations and nonagricultural
residential neighbors concerning the normal inconveniences of agricultural
operations which follow generally accepted agricultural practices
and do not endanger public health or safety.
C.
This Part 2 is not intended to and shall not be construed as in any way modifying or abridging local, state, or federal laws relating to health, safety, zoning, licensing requirements, environmental standards and the like.
D.
An additional purpose of this Part 2 is to promote a good-neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or use. These potential problems include, but are not limited to, noises, odors, dust, flies, chemicals, smoke, vibration, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. However, this Article V shall be effective regardless of whether disclosure was made in accordance with § 19-11.1.
As used in this Part 2, the following terms shall have the meanings indicated:
All real property within the boundaries of Queen Anne's County
that is lying in the Agricultural District, or that is lying in other
zoning districts if carried on the tax rolls of the State Department
of Assessments and Taxation as agricultural or that is lying in other
zoning districts if it has been used as an agricultural operation
continuously for one year.
Includes, but is not limited to, all matters set forth in
the definition of "operation" in the Courts and Judicial Proceedings
Article of the Annotated Code § 5-403(a), as amended from
time to time; the production of all matters encompassed within the
definition of "farm product" in the Agriculture Article of the Annotated
Code § 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
and equine enterprises; production of bees and their products; production
of fish; production of fruit, vegetables, and other horticultural
crops; production of aquatic plants; agricultural; 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.
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 generally accepted agricultural
practices in the agricultural industry. "Generally accepted agricultural
practices" include but are not limited to practices which are recognized
as best management practices and those methods which are authorized
by various governmental agencies, bureaus, and departments, such as
the Queen Anne's County Cooperative Extension Service of the University
of Maryland, and the like. If no generally accepted agricultural practice
exists or there is no method authorized by those agencies mentioned
herein which governs a practice, the practice is presumed to be a
generally accepted agricultural practice.
A.
A private action may not be sustained with respect
to an agricultural operation conducted on agricultural land on the
grounds that the agricultural operation interferes or has interfered
with the use or enjoyment of property, whether public or private,
if the agricultural operation was, at the time the interference is
alleged to arise, conducted substantially in accordance with generally
accepted agricultural practices.
B.
Notwithstanding any provision of this section, no action alleging that an agricultural 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 of the Agricultural Reconciliation Committee, as defined in § 19-11 herein.
A.
Nuisances which affect public health.
(1)
Complaints. A person may complain to the Agricultural
Reconciliation Committee to declare that a nuisance which affects
public health exists.
(2)
Investigations. The Agricultural Reconciliation Committee
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 Agricultural Reconciliation Committee
that a nuisance condition did not exist, the Agricultural Reconciliation
Committee may investigate the complaint, but the Agricultural Reconciliation
Committee may also determine not to investigate such a complaint.
The Agricultural Reconciliation Committee may initiate any investigation
without citizen complaint.
(3)
Declaration of nuisance. If the Agricultural Reconciliation Committee determines that a nuisance exists, the Agricultural Reconciliation Committee may declare the existence of a nuisance. In determining whether a nuisance condition exists in connection with an agricultural operation, the Agricultural Reconciliation Committee shall apply the criteria provided in this Part 1. Further, the Agricultural Reconciliation Committee may consider the professional opinion of the Queen Anne's 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 agricultural management practices.
B.
Resolution of disputes regarding agricultural operations.
(1)
Should any matter arise regarding an interference
with the use or enjoyment of property from agricultural operations
conducted on agricultural land, the parties (not to include third
parties other than counsel) to that matter shall submit the matter
to the Agricultural Reconciliation Committee by first contacting the
Agricultural Land Preservation Program Administrator, Queen Anne's
County Department of Economic Development, Agricultural and Tourism.
(2)
There is hereby established the Queen Anne's County
Agricultural Reconciliation Committee, 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.
(3)
The Agricultural Reconciliation Committee shall be
composed of six persons that reside in Queen Anne's County. The Queen
Anne's County Board of County Commissioners shall appoint the members
of the Agricultural Reconciliation Committee. One member shall be
from a municipality, one member shall be involved in the real estate
industry, one member shall be the Queen Anne's County Environmental
Health Officer, one member shall be a person who is not engaged or
otherwise has a pecuniary interest in the commercial practice of agriculture,
and two members shall be from the agricultural community.
(4)
The Agricultural Reconciliation Committee will conduct
its proceedings in an informal manner, and the rules of evidence shall
not apply. The Agricultural Reconciliation Committee has the power,
but is not required hereunder, to hold hearings, to compel testimony
under oath and the production of documents. In each case before it,
the Agriculture Reconciliation Committee shall issue orders settling
or otherwise resolving controversies arising out of agriculture operations,
including but not limited to the invasion of property and personal
rights by agricultural operations conducted on agricultural land.
Proceedings shall be conducted in accordance with the duly adopted
Rules of Procedure for the Agricultural Reconciliation Committee which
may be amended from time to time. The Agricultural Reconciliation
Committee will render a written decision within 30 days of the final
proceedings and may extend the decision deadline for one additional
thirty-day period.
(5)
Orders of the Agricultural Reconciliation Committee
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 Queen Anne's County. Appeal from orders of the Committee
shall be by a trial de novo.
(6)
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 operation conducted on
agricultural land was in bad faith or without substantial justification,
the Agricultural Reconciliation Committee or court may require that
party to pay to the owner of the agricultural operation 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 any transfer of real property by any means, the transferor shall provide the purchaser or lessee a statement specifically advising the purchaser or lessee of the existence of this Article V which shall be in substantially the form set forth in Appendix A at the end of this chapter.
B.
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 Part 2.
