[HISTORY: Adopted by the Harford County Council as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tax credit for agricultural preservation — See Ch. 123.
[Adopted by Bill No. 90-26]
As used in this Article, the following words have the meanings indicated:
APPLICANT
An owner who applies to sell an easement to the Foundation.
DEPARTMENT
The Department of Planning and Zoning.
EASEMENT
An encumbrance on land which restricts the owner's rights to develop or otherwise use the land for other than an agricultural use.
FOUNDATION
The Maryland Agricultural Land Preservation Foundation.
OWNER
A person with legal title to a parcel of land. "Owner" includes a successor in interest.
PROGRAM
The supplemental payment program established by this Article.
A. 
The Department shall adopt regulations that establish:
(1) 
An evaluation system to rate features of an applicant's land that are relevant to the land's agricultural and development values; and
(2) 
A formula, based on the evaluation system, that determines the amount of the supplemental payment to be made to the applicant under the program.
B. 
At a minimum, the features rated under the evaluation system shall include:
(1) 
The size of the parcel of land;
(2) 
The location of the land;
(3) 
The soil quality of the land; and
(4) 
The road frontage of the land.
A. 
Unless the owner gives written notice to the Department that the owner does not wish to participate in the program, an owner's application to sell an easement to the Foundation constitutes an application to participate in the program.
B. 
Not later than forty-five (45) calendar days after an applicant receives an offer from the Foundation to purchase an easement, the Department shall give the applicant written notification of the amount of the supplemental payment to be made to the applicant.
C. 
If the applicant sells an easement to the Foundation and if funds for the program are available, the county shall pay the applicant the amount of the supplemental payment, as determined by the regulations adopted under this Article. Acceptance of the supplemental payment constitutes sale by the applicant of an easement to the county, subordinate to the easement held by the Foundation.
D. 
At the time of settlement of a payment under the program, the owner and the county may agree on either a lump-sum payment or a schedule of payments over a period of up to ten (10) years.
E. 
If a schedule of payments is agreed upon, the Treasurer shall retain in a separate account an amount sufficient to pay the owner according to the schedule.
The county shall record an easement, at county expense, on land for which payment is made under the program.
A. 
An owner who has received payment under the program and who has requested that the Foundation approve termination of an easement shall file a copy of the request with the Department.
B. 
Approval by the County Council of a request to terminate an easement under the Agriculture Article, § 2-514, of the Annotated Code of Maryland, constitutes approval to withdraw from the program.
C. 
If withdrawal from the program is approved, the owner shall repurchase the easement from the county by paying an amount equal to the total payment the owner received under the program, plus interest. The interest rate used to calculate the amount of interest shall be the same as the current redemption rate established by or under the authority of the Tax-Property Article, § 14-208, of the Annotated Code of Maryland.
D. 
Upon repurchase of the easement by the owner, the county shall reconvey and release its easement to the owner.
An owner who receives a partial release of or exclusion from an easement under the Agriculture Article, § 2-513, of the Annotated Code of Maryland may receive a partial release of or exclusion from the County's easement on the same land, to the same extent as the release or exclusion from the Foundation, upon payment to the County for the portion released or excluded at the price per acre that the County paid under the program for the easement.
[Added by Bill No. 91-80]
A. 
The County is authorized to purchase development rights from land owners who are in an Agriculture Preservation District and have offered during the first cycle of 1991 their development rights for sale to the state.
B. 
Funds for the purchase of these development rights shall be committed or expended by June 30, 1992.
C. 
The priority ranking for the purchase of development rights shall be the point rating system currently utilized by the Harford County Agricultural Land Preservation Advisory Board.
D. 
The County shall record an easement on the land for which payment is made under the authority of this section 60-8 in accordance with the conditions imposed on easements by the Maryland Agriculture Land Preservation Foundation.
[Adopted by Bill No. 93-2; amended in its entirety by Bill No. 07-05]
[Amended by Bill Nos. 11-07; 24-002[1]]
The purpose of the Harford County Agricultural Land Preservation Program is to preserve productive agricultural land and woodland which provides for the continued production of food, fiber, and forest products for all citizens of the County and for future generations in exchange for equity paid to landowners for preserving their land. Secondarily, citizens Countywide benefit from the program with a permanent solution to suburban sprawl; by protecting open space, wetland, stream and river buffers, aquifer recharge areas, forest canopy, wildlife and habitat corridors; and limiting the need for community services such as additional schools, police, library and other services that would be required if these lands were developed. This program is to be administered by the Department of Planning and Zoning and the Harford County Agricultural Land Preservation Advisory Board. Land within incorporated municipalities shall not be eligible for this program.
The program focuses on the purchasing of development potential, from agricultural landowners and retiring that potential in perpetuity. If the development potential is purchased by the program, an easement is placed on the property. Under this easement, all future residential subdivision of the property is restricted except for owner/child lots or as otherwise permitted under this program. Additionally, future residential, commercial, industrial, and institutional uses are restricted by the easement except those associated with an agricultural use and as permitted by Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended. This is a voluntary program that permits any owner of agricultural land which meets the minimum qualifying criteria listed in Section 60-12 of this article to apply to sell their development potential.
This program also allows any owner of agricultural land which meets the minimum qualifying criteria listed in Section 60-12 of this article to apply to donate their development potential and have an easement placed on their property under the same terms and provisions contained in this article.
[1]
Editor's Note: This bill also amended the title of this article from "Agricultural Land Preservation and Purchase of Development Rights Program" to "Agricultural Land Preservation Program."
[Amended by Bill Nos. 11-07; 24-002]
As used in this article, the following words have the meanings indicated:
AGRICULTURAL LAND
Land with a primarily agricultural use, including woodland.
AGRICULTURAL OVERLAY DISTRICT
Any property zoned other than AG (Agricultural) that enters into an easement under this program shall be subject to all laws applicable to AG (Agricultural) zoned properties until the next comprehensive zoning review, during which said property shall be rezoned to AG (Agricultural) at the request of the County.
AGRICULTURAL PRESERVATION DISTRICT
A minimum 5 year conservation easement in which no monetary value has been exchanged for its placement on the land.
AGRICULTURAL USE
Any use of land which directly contributes to the production, processing or storage of agricultural products as defined by the United States Department of Agriculture, including uses currently permitted within the Agricultural District of the Harford County Zoning Code that are directly related to agricultural activities.
BASE MULTIPLIER VALUE
A factor utilized in the valuation worksheet to convert the valuation number to a dollar value.
CHILD
Natural or adopted child of the landowner.
CHILD'S LOT
A lot of 2 acres or less, designed for the exclusive residential use of a child of the landowner of record at the time the deed of easement is recorded.
COMMITMENT LETTER
An offer made in writing, from the County to the applicant of record, specifying the ranking of the property and monetary value being offered for the proposed easement.
DENSITY
The number of dwelling units permitted per acre of land remaining on the property as verified by the Department of Planning & Zoning.
DEVELOPMENT POTENTIAL
The ability to convert land to any non-agricultural use, in accordance with the Zoning Code, beyond the uses existing at the time the County makes an offer to purchase an easement. Development potential includes, but is not limited to, development rights, family conveyances, density, commercial, industrial, and institutional development.
DEVELOPMENT RIGHT
The ability to create a residential lot as permitted under the existing agricultural zoning classification.
EASEMENT
An encumbrance upon the land which restricts the owner's rights to develop or otherwise use the land for purposes other than agricultural uses.
EASEMENT PRIORITY RANKING (EPR)
The criteria used to rank applications submitted to the Agricultural Land Preservation Program.
FAMILY CONVEYANCE
A permitted lot for any member of the immediate family of the owner of record as of February 8, 1977. Immediate family shall be limited to fathers, mothers, brothers, sisters, sons, and daughters.
FINAL EASEMENT OFFER
Value of the easement offered to a landowner which shall be the lesser of the three value calculations including the formula value, residential density value cap, per acre value cap.
FORMULA VALUE
The total valuation number multiplied by the base multiplier to establish a price per acre as derived from the valuation worksheet.
HARFORD COUNTY AGRICULTURAL LAND PRESERVATION ADVISORY BOARD
A 5 member board appointed by the County Executive and confirmed by the County Council.
HOMEOWNERS' ASSOCIATION
An association or other legal entity comprised of owners of land or dwellings, organized to own, operate or maintain open space or facilities used in common by such owners.
INSTALLMENT PURCHASE AGREEMENT (IPA)
A written agreement between Harford County and the landowner of record at the time of easement sale that pays the landowner over a 10, 20, or 30 year time frame, as agreed upon by the County and landowner, for the placement of a conservation easement on their property.
LANDOWNER
An individual(s) who is the owner of record of property located in Harford County at the time the deed of easement is recorded. If the owner of record at the time the deed of easement is recorded is not an individual, then the Department shall specify in the deed of easement the individual(s) who have the right to create an owner's lot or child's lot hereunder.
LOCATION INCENTIVE PAYMENT
A one-time cash incentive payment paid to the landowner at the time of settlement, as defined under Section 60-12.N hereof.
MAJOR STREAM
A perennial stream with a drainage area of more than 400 acres, as depicted on the Harford County Hydrology/Drainage Area Map.
MINOR STREAM
A perennial or intermittent stream as defined by the Zoning Code of Harford County with a drainage area of less than 400 acres.
OWNER'S LOT
A lot of 2 acres or less, designated for the exclusive residential use of the landowner of record at the time the deed of easement is recorded.
PER ACRE VALUE CAP
An amount that is established by the Department of Planning and Zoning with the advice of the Harford County Agricultural Land Preservation Advisory Board as the per acre value not to be exceeded in any easement agreement.
PURCHASE
The acquiring of property, and title thereto or interest therein, in exchange for money, or the acceptance of a donation of property, and title thereto and interest therein, for no consideration.
RESIDENTIAL DENSITY VALUE CAP
The actual easement value paid to the landowner based on the number of development rights or density, as appropriate, associated with the property, including family conveyance lots.
SALE or SELL
The transfer of property, and title thereto or interest therein, for a sum of money, or the acceptance of a donation of property, and title thereto and interest therein, for no consideration.
SEVERE ECONOMIC HARDSHIP
A state of financial peril of a landowner, whether caused by a natural disaster, the disability of the landowner or some other occurrence. Severe economic hardship can be evidenced by bankruptcy proceedings or other documentation.
SOIL CONSERVATION DISTRICT
A federal, state and county funded organization in Harford County developed to conserve and protect soil and water quality.
SUBDIVISION
The act of dividing property into smaller portions through the County residential subdivision process as provided for in Section 2.59 of the Subdivision Regulations, as amended.
SURVEY
A legal metes and bounds description of acreage along with a recordable plat of the entire property entering into the easement program, showing all easement encroachments, driveways, streams, buildings, dwellings, fence lines and the demarcation of wood lines, performed by a licensed surveyor in the State of Maryland. It shall include exceptions to any commitment for title insurance unless waived by the Department of Planning and Zoning, and the survey should be in such form and substance so that there is no survey exception to the title commitment or title insurance policy.
TENANT HOUSE
A dwelling unit located on agricultural property that is used either for occupancy by immediate members of the family owning or operating the agricultural use or by employees engaged in agricultural activities on the property.
VALUATION NUMBER
Point system score calculated on the valuation worksheet for each applicant to derive an easement value using such factors as property size, soil quality, development potential, applied practices, and natural features.
WOODLAND
A biological community dominated by trees and other woody plants covering a land area of 1 acre or more.
A. 
The County Executive shall appoint an Agricultural Land Preservation Advisory Board, who is confirmed by the County Council. The Agricultural Land Preservation Advisory Board shall consist of 5 members, at least 3 of whom shall be owner-operators of farms who earn 50% or more of their income from farming.
B. 
Each member of the Agricultural Land Preservation Advisory Board shall be appointed for a 5 year term of office.
C. 
No member shall serve for more than 2 consecutive full terms. Appointment to fill a vacancy shall be for the remainder of the unexpired term.
D. 
The Chairman of the Agricultural Land Preservation Advisory Board shall be appointed by the County Executive.
E. 
The Agricultural Land Preservation Advisory Board shall have the following responsibilities to the County Agricultural Land Preservation Program:
[Amended by Bill Nos. 10-23; 24-002]
(1) 
To advise the County with respect to the establishment of agricultural preservation districts and the purchases of easements by the County.
(2) 
To assist the County in reviewing the status of agricultural preservation districts and easements.
(3) 
To advise the County concerning priorities for agricultural land preservation and to assist the County in development criteria for evaluating agricultural land applying to the Program.
(4) 
To promote the preservation of agricultural land within the County by offering information and assistance to farmers with respect to the establishment of agricultural preservation districts and the purchase of easements.
(5) 
To advise the County in review and approval of various requests as allowed by the conservation easements and districts in such matters as owner/child lots, allowed uses, etc.
(6) 
To work with the Maryland Environmental Trust to promote the Trust in the County and to solicit donations to the Trust of conservation easements on land that meets the Trust's criteria.
[Amended by Bill Nos. 12-45; 17-005; 20-008; 24-002]
A. 
Conditions for establishment. A landowner participating in the Harford County Agricultural Land Preservation Program agrees:
(1) 
To maintain the land in agricultural use or in a properly managed state so that it is available for continued agricultural use from the date that the easement is recorded in the land records of Harford County.
(2) 
To not allow any subdivision of the land, other than that outlined in the easement as owner/child lots or as otherwise permitted by this program.
(3) 
To not allow any commercial, industrial, or institutional uses, other than those associated with an agricultural use, as defined in Section 267-4 (Definitions) of the Harford County Zoning Code, as amended and as permitted by Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
(4) 
Prior to settlement, to consolidate all parcels and/or lots included within the easement subject to purchase.
(5) 
To implement and maintain a soil and water conservation plan as prepared by the Soil Conservation District, except when the land is substantially wooded, in which case, the inclusion of land in the agricultural preservation easement shall be subject to Section 60-12A(8).
(6) 
To establish an easement on the property which creates an encumbrance upon the lands and binds future owners, heirs, successors or assigns and which precludes the utilization of the land for non-agriculturally related uses. Any agricultural uses currently permitted would be allowed to continue under the agreement. The easement agreement shall not provide for public access to any privately owned land.
(7) 
That construction of new buildings or structures on the land, other than farm buildings, that did not exist at the time of district or easement establishment is contingent upon the written application and approval by the Department of Planning and Zoning, subject to review by and recommendation of the Agricultural Land Preservation Advisory Board.
(8) 
For those landowners whose property contains 10 or more acres of contiguous woodlands, the landowner shall maintain a Forest Stewardship Plan prepared by a licensed forester.
B. 
Use criteria. Properties qualified for the program shall consist of land which is either used primarily for the production of food, fiber or forest products or is of such open space character and productive capacity that continued agricultural production is feasible.
C. 
Size criteria. The County may not purchase an agricultural preservation easement of less than 20 acres from a landowner unless:
(1) 
It is contiguous to an easement that is 20 acres or greater; or
(2) 
The landowners on the adjoining property(s), which are less than 20 acres but total at least 20 acres, apply and accept the County's offer to purchase an easement; or
(3) 
The property is contiguous with at least 20 acres of land owned by a county, state or federal government agency that is compatible with agriculture.
(4) 
In no instance shall the County purchase a conservation easement of less than 10 acres of land, except as otherwise permitted as an addition to an existing conservation easement pursuant to Subsection S, below.
D. 
Soil Criteria.
(1) 
At least 50% of the land area proposed for preservation, less the acreage contained within the 100 year floodplain as delineated on the Flood Hazard Boundary Maps, produced by the Federal Emergency Management Administration and state or federal designated wetlands, shall consist of U.S.D.A Soil Capability Classes I, II or III on cropland and Pasture or Woodland Groups 1 and 2 on woodland areas.
(2) 
Exceptions to the soil criteria noted above include areas of existing, extensive, specialized production, including but not limited to, dairying, livestock, poultry, turf, nursery, horse, forest products, fruit or berry production as recommended by the Agricultural Land Preservation Advisory Board.
E. 
Ownership criteria. The County shall not purchase easements on land owned by a homeowners' association or a public utility.
F. 
Development potential criteria. The County shall not purchase easements on land that is designated as open space or otherwise lacks development potential. Landowners must demonstrate the development potential of such landowner's property, and that such development potential complies with all federal, state and County laws to achieve said potential. Such determination shall be made at the discretion of the Director of Planning and Zoning, and upon the review and recommendation of the Agricultural Land Preservation Advisory Board.
G. 
Permitted uses. Properties zoned other than AG (Agricultural) at the time of easement settlement will be treated as an agricultural overlay district. A landowner whose land is in the Harford County Agricultural Land Preservation Program shall be permitted to:
(1) 
Use the land for any agricultural use as defined herein and as permitted in the Harford County Zoning Code, including those permitted in Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
(2) 
Maintain the land for future agricultural use.
(3) 
Operate at any time machinery used in agricultural production or the primary processing of agricultural products. Such operations shall not be considered a nuisance, either public or private, as a result of changed land uses in and around the preserved property.
(4) 
Employ normal agricultural activities and operations in accordance with good husbandry and agronomic practices.
(5) 
Sell agricultural products as is permitted under the Harford County Code.
H. 
Exclusion of lots under easement.
(1) 
Owner's lot. The landowner of record at the time of easement sale may, at any time after the easement sale, request the exclusion of 2 acres or less for the exclusive residential use of that landowner. A letter must be provided to the Department of Planning and Zoning requesting this exclusion and verifying the owner's intention to live in this dwelling. This request is subject to review and recommendation by the Agricultural Land Preservation Advisory Board. In addition, the initial building permit and the initial certificate of occupancy shall be in the landowner's name. The owner's lot may not be sold or transferred for a period of 5 years from the date of issuance of the initial certificate of occupancy except in the event of the death or legal incompetence of the landowner or if the lot is part of bankruptcy proceedings; or with the approval of the Department of Planning and Zoning, subject to review and recommendation of the Agricultural Land Preservation Advisory Board.
(2) 
Child's lot. The landowner of record at the time of the easement sale may, at any time after the easement sale, request the exclusion of 2 acres or less for the exclusive residential use of the child. A letter must be provided to the Department of Planning and Zoning from both the landowner and the child requesting this exclusion and verifying that it is the intention of the child to live in this dwelling. This request is subject to review and recommendation by the Agricultural Land Preservation Advisory Board. In addition, the initial building permit and the initial certificate of occupancy shall be in the child's name. The child lot may not be sold or transferred for a period of 5 years from the date of issuance of the initial certificate of occupancy except in the event of the death or legal incompetence of the child or if the lot is part of bankruptcy proceedings; or with the approval of the Department of Planning and Zoning, subject to review and recommendation of the Agricultural Land Preservation Advisory Board.
(3) 
Number of permitted lots. The total number of lot exclusions may not exceed 1 dwelling unit per 25 acres or 4 lots per easement property, whichever is less. Lots shall not exceed 2 acres in size and shall include all County right-of-way requirements. The inclusion of County right-of-way requirements in the lot size calculation may be waived by the Director of Planning and Zoning for good cause shown, with the review and recommendation of the Agricultural Land Preservation Advisory Board. The total number of lot exclusions shall never be more than the development rights or density purchased by the County from the landowner of record at the time of easement sale. All costs associated with the establishment of the lot(s) shall be paid by the landowner. In addition, any landowner of an easement requesting a lot exclusion shall be required to repay the County for the lot excluded. This repayment shall be equal to the amount paid per acre by the County.
I. 
Tenant houses. The landowner may request in writing a tenant house in accordance with conditions established in Section 267-27D(5) of the Harford County Zoning Code, as amended. This request shall be submitted to the Department of Planning and Zoning. Prior to a decision by the Department, the request will be subject to the review and recommendation of the Agricultural Land Preservation Advisory Board, who will consider the documented need for such a structure. The tenant house may not be subdivided off the property contained in the easement.
J. 
Application to sell development potential.
(1) 
The owner of agricultural land meeting the criteria for participating in this program may, by written application, offer to sell to the County an easement on the entire contiguous acreage of the agricultural land, saving and excepting therefrom any property used for nonagricultural purposes existing at the time of application.
(2) 
For each parcel being offered, the applicant shall include a general description of the parcel, including acreage and the current use of the land, and this shall be accompanied by a map or plat for each subject parcel at a scale no smaller than 1 inch equals 600 feet. In addition, a certified copy of the soil conservation plan, made or revised within 10 years of the date of the application, shall be provided. This plan shall list soil conservation and water quality problem areas on the land. The application form shall be publicly available and on file with the Department of Planning and Zoning.
(3) 
All applications to sell development potential to the County shall be submitted to the Department of Planning and Zoning by May 1st. Within 30 calendar days after this deadline, the Department shall forward all applications to sell development potential to the Agricultural Land Preservation Advisory Board for its review.
(4) 
Each application shall be reviewed and ranked by the Agricultural Land Preservation Advisory Board in accordance with the County's Easement Priority Ranking System (EPR). All applications will be ranked first to last with the first application being the application with the highest EPR score. A final easement offer will then be determined for each application.
K. 
Easement priority ranking system (total number of possible points 335).
The easement priority ranking system ("EPR") shall include quantifiable evaluation of soil productivity, land features and size, development potential and location, and other related criteria.
(1)
Soil Productivity & Site Index Score (maximum 100 points)
=_____ /100 PTS.
(2)
Farm & Forest Capability (maximum 50 points)
(a)
Cropland and pasture
80% - 100%
=_____/25 PTS.
60% - 79%
=_____/20 PTS.
40% - 59%
=_____/15 PTS.
20% - 39%
=_____/10 PTS.
Less than 20%
=_____/5 PTS.
(b)
Forest and tree cover
Over 50 acres
=_____/25 PTS.
35 - 50 acres
=_____/20 PTS.
20 - 35 acres
=_____/15 PTS.
10 - 20 acres
=_____/10 PTS.
5 - 10 acres
=_____/5 PTS.
(3)
Land Use Compatibility (maximum 120 points)
(a)
Development factors
Number of developments rights, family conveyances, and/or density remaining on the property (minus 1 for main dwelling) (maximum 30 points)
*Commercial zoned properties receive 30 points
16 or more
=_____/30 PTS.
11 to 15
=_____/25 PTS.
7 to 10
=_____/20 PTS.
3 to 6
=_____/15 PTS.
Less than 3
=_____/10 PTS.
(b)
Proximity to priority areas (maximum 30 points)
Within a priority preservation area
=_____/25 PTS.
Within 1 mile or inside the development envelope
=_____/20 PTS.
Within a designated rural legacy area
=_____/15 PTS.
Within or adjacent to a rural village
=_____/10 PTS.
Within or adjacent to non-AG zoning
=_____/5 PTS.
(c)
Property size (maximum 30 points)
Greater than 200 acres
=_____/30 PTS.
100 to 199 acres
=_____/20 PTS.
50 to 99 acres
=_____/10 PTS.
20 to 49 acres
=_____/5 PTS.
Within development envelope (any size)
=_____/10 PTS.
(d)
Protected land contiguous to site (maximum 30 points)
Site is contiguous to land which is protected by a recorded conservation easement
=_____/15 PTS.
Site is contiguous to federal, state or County owned land
=_____/10 PTS.
Site is contiguous to in-term protected land district
=_____/5 PTS.
(4)
Agricultural & Natural Resource Features (maximum 65 points)
(a)
Current Soil Conservation Plan approved by the District or current Forest Stewardship Plan prepared by a Maryland licensed forester. Landowner must supply a copy (maximum 10 points)
Meets current requirements and practices applied
=_____/10 PTS.
Updated within 10 years and practices partially applied
=_____/5 PTS.
No current plans
=_____/0 PTS.
(b)
Land management of properties assessed Agricultural per SDAT (maximum 10 points)
Fulltime owner/operator of an agricultural operation
=_____/10 PTS.
Part-time owner/operator or land rented by full-time farmer
=_____/5 PTS.
Assessment other than agricultural
=_____/0 PTS.
(c)
Forest habitat connectivity/green infrastructure (maximum 15 points)
(Per Harford County Green Infrastructure Plan)
=_____/15 PTS.
Core area(s) of at least 1 acre present on the property
=_____/10 PTS.
Hub area(s) of at least 1 acre present on the property
=_____/5 PTS.
Corridor area(s) of at least 1 acre present on the property
=_____/0 PTS.
No mapped features present on the property
(d)
Water quality benefits (maximum 15 points)
Frontage on major stream, river or bay (at least 100')
=_____/15 PTS.
Frontage on a minor stream (at least 300') and/or wetlands present on the property
=_____/10 PTS.
Stream frontage less than those listed above, or within 1/2 mile of a major stream
=_____/5 PTS.
No mapped features present on the property
=_____/0 PTS.
(e)
Special conditions (maximum of 15 point sliding scale)
Examples: High-value property, high risk of loss, significance of AG operation, young/beginning operator, other: __________
=_____/PTS.
L. 
Value of easement.
(1) 
The valuation worksheet shall include quantifiable evaluation of density or development potential and location, productivity features and size, natural resource features, and other related criteria, but not its underlying zoning classification.
(2) 
The final easement offer shall be the lesser of the three calculations which include the:
(a) 
Formula value,
(b) 
Residential density value cap (applicable only to agricultural and residential zoned properties), or
(c) 
Per acre value cap.
(3) 
The base multiplier value, the residential density value cap, and the per acre value cap shall be reviewed by the Agricultural Land Preservation Advisory Board every 6 months taking into consideration market conditions, funding and demand. Upon the recommendation of the Agricultural Land Preservation Advisory Board, the Department of Planning and Zoning shall establish a base multiplier value, a per acre value cap and a residential density value cap that the County is willing to pay a landowner.
M. 
Valuation worksheet.
Base Value for Farm
+ 100
Size (Acreage - Existing Non-Agricultural Uses/10)
(1% of base for every 10 acres)
+_____
Available Residential Density Units Including Family Conveyances
Residential density units -1 for main dwelling x 6% of base (max. of 1000)
+_____
Non-AG or residential zoned area acres x 12% of base (max. of 1000)
+_____
Natural Resources
Average crop & forest productivity (LESA & Site Index Score)
+_____
Cropland & pasture soils (soil acs. x weight/farm acs.) x 100 based on GIS boundaries
Class I soils
_____
x 1.0
+_____
Class II soils
_____
x 0.72
+_____
Class III soils
_____
x 0.50
+_____
Class IV soils
_____
x 0.18
+_____
Woodland group (woodland acs. x weight/farm acs.) x 100 based on GIS boundaries
Class I woodland
_____
x 1.0
+_____
Class II woodland
_____
x 0.72
+_____
Water Resources
(10% of base if 300-linear feet of minor streams onsite); or
(20% of base if 100-linear feet of major streams, rivers, or bay onsite)
+_____
Land Management
Current Soil Conservation Plan or Forest Stewardship Plan
(10% of base if yes, landowner must supply a copy)
+_____
Total valuation number
=_____
Formula Value
Total valuation number _____
x base multiplier value_____
= price/acre
Price/acre_____
x total acreage_____
=_____
Per Acre Value Cap
Per acre value cap_____
x total acreage
=_____
Residential Density Value Cap*
Residential density units permitted**
x value cap _____
+
Residential density units not permitted**
x value cap _____
= _____
*Only applies to agricultural & residential zoning categories
**Per the Maryland Sustainable Growth & Agricultural Preservation Act of 2012
Location Incentive
Location incentive value _____
x total acreage
= _____
Final Easement Offer
(Least of the above formula value, per acre value cap, or residential density value cap + location incentive if applicable)
= _____
N. 
Location incentive payments.
(1) 
The purpose of the location incentive payments is to encourage landowners in areas with greater development pressure to enter into the Agricultural Land Preservation Program.
(2) 
Notwithstanding anything contained herein, the applicant shall receive a one-time cash incentive if any portion of the property subject to the easement is located within an "agricultural preservation incentive" area of the County. If a property is located within more than one (1) "agricultural preservation incentive" area, then the landowner shall only be eligible to receive one (1) incentive payment.
(3) 
The agricultural preservation incentives areas will consist of the following areas:
(a) 
Within the development envelope as delineated on the land use map contained within the Harford County Master Plan;
(b) 
Within one mile of the development envelope as defined above;
(c) 
All other areas within the County and outside of the priority preservation area (PPA) as delineated by the priority preservation area plan contained within the Harford County Master Plan; and
(d) 
Outside of the development envelope, any property zoned other than AG (Agricultural) or adjacent to a property zoned other than AG (Agricultural).
(4) 
This one-time cash incentive shall be calculated pursuant to a formula approved by the Department of Planning and Zoning with advisement by the Agricultural Land Preservation Advisory Board.
(5) 
This one-time cash incentive shall not affect the points system or ranking of the subject property.
O. 
Offers.
(1) 
After determination of the EPR score and easement value, offers will be made to qualified applicants. The County shall make offers to applicants a minimum of 1 time per year, subject to the availability of funds and qualified applicants. Offers shall be made in July of each year. The applicant with the highest EPR score should receive the first offer, the applicant with the second highest score should receive the second offer and so on until all funds are expended. However, the County has the flexibility to modify this procedure if adequate funding is not available for the next landowner in line. In this case, the County may make an offer to the next highest score whose maximum easement value does not exceed available funding.
(2) 
The Department of Planning and Zoning will send each qualified landowner a commitment letter stating their EPR ranking and the easement value. All applicants must notify the Department of their intention to accept or reject the offer, and they must specify their payment alternative. The applicant's response must be in writing and received by the Department within 15 days of receipt of the commitment letter.
(3) 
Those applicants not receiving an offer shall automatically be considered for the next round of easement sale offers. All offers to purchase easements from agricultural landowners must be approved by the Harford County Board of Estimates and the County Council. Accepted offers shall be submitted to the County Council for their review in September of each year. As the Harford County Agricultural Land Preservation Program is strictly voluntary, no landowner shall be required to accept any offer made by the County to purchase an easement nor shall the County be required to purchase an easement on lands not meeting the County's minimum EPR score of 150 points.
P. 
Payment alternatives.
(1) 
There are 2 payment options available through the Agricultural Land Preservation Program. Installment purchase agreements (IPA) allow landowners to receive the total value of their easement over a 10, 20 or 30 year time period as agreed upon by the County and landowner. Landowners may also request a cash payment in which the landowner will receive the total value of the easement at the time of settlement. After a payment option is selected, it cannot be changed and it is contractual with the landowner at the time of settlement.
(2) 
If the landowner requests that the easement be purchased in a manner other than through the IPA method, the County, after considering past and future IPA obligations and considering whether funds are available, shall offer to pay the landowner in cash for the easement. If funds are not available for the cash purchase of the easement, the landowner shall automatically be considered for the next round of easement sale offers.
(3) 
Once a landowner agrees to accept a County offer to purchase an easement, a contract between the County and the individual seller will be written. This contract will include the total amount of money that the County has agreed to pay the landowner and sets the terms of that agreement.
Q. 
Installment purchase agreement (IPA). IPAs include the total amount of money that the County has agreed to pay the landowner and establishes the terms of that agreement, including the fixed interest rate that the landowner will receive as part of the annual payments. The interest rate is determined by the strip treasury rate the day prior to settlement. The installment purchases shall be for 10, 20 or 30 years as agreed upon by the County and landowner, and the landowner will receive a final balloon payment of the principal and all unpaid interest upon the expiration of the installment pay out period. This agreement is exempt from the provisions of Sections 9, 10 and 11 of Article 31 of the Annotated Code of Maryland.
R. 
Settlement.
(1) 
Settlement shall be made by the County before June 30th of the same fiscal year in which the offer was made.
(2) 
Prior to the selection of a mutually agreeable settlement date, the County shall be in receipt of the title and title commitment from the assigned title company, a survey provided by the landowner and all other subordination agreements or other documentation related to obtaining a clear title.
S. 
Easement recordation. Once all necessary documents have been properly signed, a deed of easement, restricting in perpetuity future development on the property, shall be recorded in the Harford County land records along with a recorded plat of the easement property. The form of the deed of easement shall be similar to the deed of easement attached hereto and incorporated herein by reference. All easements shall run concurrent with the land. The County shall pay all reasonable costs at settlement for the following: title report; title insurance; and recordation fees, if applicable.
T. 
Additions to existing easements. A landowner whose property is subject to an easement under this section may apply to add additional land that is contiguous to the existing easement subject to the following conditions:
(1) 
The additional land must be eligible for the Harford County Agricultural Land Preservation Program. Upon the recommendation of the Agricultural Land Preservation Advisory Board, the Department of Planning and Zoning may make exceptions to the size criteria or development potential criteria. The County shall not pay for additions to existing easements with no development potential but may accept such additional land as a donation;
(2) 
The additional land shall be consolidated with the existing easement parcel and may not be subdivided from the original easement property in the future, except as otherwise permitted under this section;
(3) 
The owner shall provide a legally sufficient survey of the additional land at their expense.
(4) 
An amendment to the original deed of easement shall be recorded in the land records of Harford County;
(5) 
The easement on the additional land may be donated to the program for no monetary consideration, or the County may elect to make an offer to purchase the easement;
(6) 
Any payment for additions to existing conservation easements shall be based on the current valuation system; and
(7) 
All purchased additions to existing easements shall be approved by the Harford County Board of Estimates and the County Council but may occur outside of the scheduled round of offers, not subject to the ranking criteria, if funding is available and subject to the approval of Planning and Zoning with advisement from the Agricultural Land Preservation Advisory Board.
U. 
Agricultural subdivision. A landowner whose property is subject to an easement under this section shall be entitled to subdivide the property into smaller parcels subject to the following conditions:
(1) 
No additional dwellings shall be permitted on parcels created through the subdivision of the property;
(2) 
All remaining parcels shall be at least 50 acres, except that parcels of less than 50 acres may be created if combined with an adjacent easement parcel or if approved by the Department of Planning and Zoning, with the review and recommendation of the Agricultural Land Preservation Advisory Board;
(3) 
No tenant house shall be permitted to be subdivided from the original property, as the property existed at the time the deed of easement was recorded; and
(4) 
The subdivision of the property will not be inconsistent with any soil conservation or water quality plan in existence prior to the subdivision.
V. 
Boundary line adjustments. A landowner whose property is subject to an easement under this section may request an adjustment to boundary lines with an adjacent parcel. Boundary line adjustments with adjacent non-easement properties require an exchange of equal acreage from the non-easement parcel. All such requests are subject to approval by the Director of Planning and Zoning with advisement from the Agricultural Land Preservation Advisory Board.
W. 
Reports. To aide in budget preparation for the next fiscal year, The County Treasurer shall submit to the Agricultural Land Preservation Advisory Board by December 1 of each year, a report detailing the following information:
(1) 
All revenues received under the transfer tax and investment income,
(2) 
The revenues expended for agricultural preservation listed by payment method to include a breakdown of all cash payments, and past fiscal year, current fiscal year, and future committed IPA payments,
(3) 
Cost incurred to administer the Agricultural Land Preservation Program and
(4) 
Remaining balance available for new easement purchases.
X. 
Tax credit. Landowners may be eligible for a tax credit under Section 123-43.3.1 (Harford County agricultural preservation tax credits) of the Harford County Code, as amended.
[Amended by Bill No. 24-002]
The Harford County Agricultural Land Preservation Program also allows a landowner the option of establishing an agricultural preservation district. An agricultural preservation district is a minimum 5 year agreement by the landowner not to develop their land. If a landowner applying to establish an agricultural preservation district does not meet the state's minimum size criteria but otherwise qualifies for their program, the landowner may establish an agricultural preservation district through the County program.
A. 
Conditions for establishment. A landowner agrees:
(1) 
To maintain the land in agricultural use or in a properly managed state so that it is available for continued agricultural use from the date that the district is recorded in the land records of Harford County.
(2) 
That the district agreement creates an encumbrance upon the land and binds future owners, heirs, successors or assigns, and which precludes the utilization of the land for non-agriculturally related uses for a minimum of 5 years. Any agricultural uses currently permitted would be allowed to continue under this agreement as permitted by the Harford County Zoning Code.
(3) 
That the construction of new buildings or structures on the land, other than farm buildings, that did not exist at the time of district establishment is contingent upon the written application and approval of the Department of Planning and Zoning, subject to review by and recommendation of the Agricultural Land Preservation Advisory Board.
B. 
Use criteria. Property qualified for the program shall consist of land which is either used primarily for the production of food, fiber or forest products or is of such open space character and productive capacity that continued agricultural production is feasible.
C. 
Location criteria. To qualify for an agricultural preservation district the property shall be zoned agricultural under the Harford County Zoning Code.
D. 
Size criteria. An agricultural preservation district shall be a minimum of 50 contiguous acres. However, a parcel of less than 50 acres may qualify as a district if:
(1) 
It is contiguous to an easement that is 50 acres or greater; or
(2) 
It adjoins a 50 acre parcel which has been approved by the County as an agricultural preservation district; or
(3) 
It has been added to one or more adjoining parcels which together have been approved by the County as agricultural preservation districts; or
(4) 
The property is contiguous to at least 50 acres of land owned by a County, state, or federal government agency that is compatible with agriculture; or
(5) 
The land has an agricultural productivity capability higher than the County average as determined by the United States Department of Agriculture.
E. 
Soil criteria.
(1) 
At least 50% of the land area proposed for preservation, less the acreage contained within the 100 year floodplain as delineated on the Flood Hazard Boundary Maps, produced by the Federal Emergency Management Administration and state or federal designated wetlands, shall consist of U.S.D.A. Soil Capability Classes I, II or III on cropland and Pasture or Woodland Groups 1 and 2 on woodland areas.
(2) 
Exceptions to the soil criteria noted above include areas of existing, extensive, specialized production, including but not limited to, dairying, livestock, poultry, turf, nursery, horse, forest products, fruit or berry production as recommended by the Agricultural Land Preservation Advisory Board.
F. 
Ownership criteria. An agricultural preservation district is not permitted on land owned by a homeowners' association or a public utility.
G. 
Development potential criteria. An agricultural preservation district is not permitted on land that is designated open space or otherwise lacks development rights or family conveyances.
H. 
Permitted uses. An owner whose land is in an agricultural preservation district shall be permitted to:
(1) 
Use the land for agricultural use as defined herein and as permitted in the Harford County Code, including those permitted in Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
(2) 
Maintain the land for future agricultural use.
(3) 
Operate at any time machinery used in agricultural production or the primary processing of agricultural products. Such operations shall not be considered a nuisance, either public or private, as a result of changed land uses in and around the preserved property.
(4) 
Employ normal agricultural activities and operations in accordance with good husbandry and agronomic practices.
(5) 
Sell agricultural products as is permitted under the Harford County Code.
(6) 
Use the land for additional conservation easements and mitigation offsets, such as but not limited to wetlands and afforestation, provided that the use does not impair any agricultural use on the land, that the use is not greater than 10% of the total acreage of the property as the property existed at the time the district was established and that the use is approved by the Soil Conservation District.
I. 
Exclusion of lots under district.
(1) 
Owner's lot. The landowner of record at the time of district establishment may, at any time after the district has been established, request the exclusion of 2 acres or less for the exclusive use of that landowner. A letter must be provided to the Department of Planning and Zoning requesting this exclusion and verifying the owner's intention to live in this dwelling. This request is subject to review and recommendation by the Agricultural Land Preservation Advisory Board. In addition, the initial building permit and the initial certificate of occupancy shall be in the landowner's name. The owner's lot may not be sold or transferred within 5 years from the date of recording the district agreement except in the event of the death or legal incompetence of the landowner or if the lot is part of bankruptcy proceedings; or with approval of the Department of Planning and Zoning, subject to review and recommendation of the Agricultural Land Preservation Advisory Board.
(2) 
Child's lot. The landowner of record at the time of district establishment may, at any time after the district has been established, request the exclusion of two acres or less for the exclusive residential use of the child. A letter must be provided to the Department of Planning and Zoning from both the landowner and the child requesting this exclusion and verifying that it is the intention of the child to live in this dwelling. This request is subject to review and recommendation by the Agricultural Land Preservation Advisory Board. In addition, the initial building permit and the initial certificate of occupancy must be in the child's name. The child lot may not be sold or transferred within 5 years from the date of recording the district agreement except in the event of the death or legal incompetence of the child or if the lot is part of bankruptcy proceedings; or with approval of the Department of Planning and Zoning, subject to review and recommendation of the Agricultural Land Preservation Advisory Board.
(3) 
Number of permitted lots. The total number of lot exclusions may not exceed 1 dwelling unit per 25 acres or 4 lots per district property, whichever is less. Lots shall not exceed 2 acres in size and shall include all County right-of-way requirements. The inclusion of County right-of-way requirements in the lot size calculation may be waived by the Director of Planning for good cause shown, with the review and recommendation of the Agricultural Land Preservation Advisory Board. The total number of lot exclusions shall never be more than the development rights and family conveyances at the time of district establishment. All costs associated with the establishment of the lot(s) shall be paid by the landowner, and the district will be amended to identify the lot(s) excluded.
J. 
Tenant houses. The landowner may request in writing a tenant house in accordance with conditions established within Section 267-27(D)(5) of the Harford County Zoning Code, as amended. This request shall be submitted to the Department of Planning and Zoning. Prior to a decision by the Department, the request will be subject to review and recommendation of the Agricultural Land Preservation Advisory Board, who will consider the documented need for such a structure. The tenant house may not be subdivided off of the property while in the district. Nor may it be subdivided if the property is going to proceed to settlement under any preservation program.
K. 
Termination and alteration of districts. The following provisions are applicable only to land in agricultural preservation districts on which an easement is not held by the County or the state.
(1) 
A landowner may terminate his property's inclusion in an agricultural preservation district at any time after 5 years from the establishment of the district. Notice of intention to terminate must be submitted to the County at least 6 months prior to district termination.
(2) 
Severe economic hardship. If severe economic hardship occurs, the County may, on an individual basis, release the landowner's property from an agricultural preservation district at any time. The landowner shall petition the County, stating succinctly the severe economic hardship that the landowner is sustaining and providing the County with the following:
(a) 
A recent financial statement which shows the owner's complete assets and liabilities and a statement under the penalty of perjury 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 the mortgagees, lien holders, creditors, attorneys, the internal revenue service and other party interests who are qualified to address the condition of the landowner.
(c) 
To the extent permitted by law, the County shall deny public access to the information the landowner has supplied the County.
(d) 
The question of whether severe economic hardship exists will be decided by the Department of Planning and Zoning with concurrence from the County Attorney and the Agricultural Land Preservation Advisory Board.
(3) 
No development plans may be submitted to the Department of Planning and Zoning prior to the formal termination of the district.
(4) 
A landowner terminating a district shall be required to pay back to the County the applied tax credit given to the property while under the district agreement.
[Amended by Bill No. 24-002]
All properties in the Harford County Agricultural Land Preservation Program will be subject to an inspection at least once every 5 years. Inspections will be conducted to determine if the owner is complying with the terms of the easement. A representative of the Department of Planning and Zoning will conduct the inspection. At least 1 month prior to the inspection, the Department shall give the landowner notice, by mail, of its intention to inspect the property, and all inspections will be conducted at reasonable times. Any violation of the terms of this Chapter 60 shall be subject to enforcement proceedings under Section 1-23 (General penalty) and Section 267-14 (Violations and penalties) of this Code.
The Department of Planning and Zoning shall be required to conduct a minimum of 2 community outreach meetings per year. The community outreach meeting shall be held in an effort to instruct and encourage participation in County, state and federal land preservation programs.
[Added by Bill No. 24-002]
The Department of Planning and Zoning, under the review of the Agricultural Land Preservation Advisory Board, shall prepare a program manual to implement the standards and requirements of this article. The program manual shall comply with best management practices for agricultural land preservation. The program manual shall be publicly available upon request.