[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:
An owner who applies to sell an easement to the Foundation.
The Department of Planning and Zoning.
An encumbrance on land which restricts the owner's rights
to develop or otherwise use the land for other than an agricultural
use.
The Maryland Agricultural Land Preservation Foundation.
A person with legal title to a parcel of land. "Owner" includes
a successor in interest.
The supplemental payment program established by this Article.
There is a county supplemental payment program
for owners who sell easements to the Foundation.
A.Â
The Department shall adopt regulations that establish:
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Funds for the purchase of these development rights
shall be committed or expended by June 30, 1992.
C.Â
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.
[Adopted by Bill No. 93-2; amended in its
entirety by Bill No. 07-05]
The purpose of the Harford County Agricultural
Land Preservation and Purchase of Development Rights Program is to
preserve productive agricultural land and woodland which provides
for the continued production of food and fiber for the citizens of
the County. This program is to be administered by the Department of
Planning and Zoning and the Harford County Agricultural Land Preservation
Advisory Board.
This program focuses on the purchasing of development rights and family conveyances from agricultural landowners and retiring those rights in perpetuity. If the development rights are 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 as permitted under this program. 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 rights and family conveyances.
This program also allows any owner of agricultural land which meets the minimum qualifying criteria listed in § 60-12 of this article to apply to donate their development rights and family conveyances and have an easement placed on their property under the same terms and provisions contained in this article. [Added by Bill No.
11-07]
[Amended by Bill No. 11-07]
As used in this article, the following words have the meanings
indicated:
Land used primarily for agriculture with an agricultural
zoning classification as identified on the most recently approved
Harford County Zoning Maps.
A minimum 5 year conservation easement in which no monetary
value has been exchanged for its placement on the land.
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.
A multiplication factor applied to the valuation worksheet
results to produce a per acre price.
Natural or adopted child of the landowner.
A lot of 2 acres or less, designated for the exclusive residential
use of a child of the landowner of record at the time of easement
sale.
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.
The ability to create a residential lot as permitted under
the existing agricultural zoning classification.
An encumbrance upon the land which restricts the owner's
rights to develop or otherwise use the land for purposes other than
agricultural uses.
The criteria used to rank applications submitted to the Agricultural
Land Preservation and Purchase of Development Rights Program.
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.
A 5 member board appointed by the County Executive and confirmed
by the County Council.
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.
An individual(s) who is the owner of record or an entity
which is the owner of record, an entity shall include only those individuals
who were members of the entity at the time the deed of easement was
recorded.
The actual easement value paid to the landowner based on
the number of development rights associated with the property, including
family conveyance lots.
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.
The actual per acre price paid to the landowner based on
the total valuation number multiplied by the base multiplication easement
value.
A lot of 2 acres or less, designated for the exclusive residential
use of the landowner of record at the time of easement sale.
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.
The transfer of property, and title thereto or interest therein,
for a sum of money or the donation of property, and title thereto
or interest therein, for no consideration.
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.
A federal, state and county funded organization in Harford
County developed to conserve and protect soil and water quality.
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.
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.
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.
A biological community dominated by trees and other woody
plants covering a land area of 1 acre or more.
A.Â
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.Â
Each member of the Agricultural Land Preservation
Advisory Board shall be appointed for a 5 year term of office.
C.Â
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.Â
The Chairman of the Agricultural Land Preservation
Advisory Board shall be appointed by the County Executive.
E.Â
The Agricultural Land Preservation Advisory Board
shall have the following responsibilities to the County Agricultural
Land Preservation and Purchase of Development Rights Program:
(1)Â
To advise the County with respect to the establishment
of agricultural preservation districts and the purchases of easements
by the County.
(2)Â
To assist the County in reviewing the status of agricultural
preservation districts and easements.
(3)Â
To advise the County concerning priorities for agricultural
preservation and to assist the County in developing criteria for evaluating
agricultural land applying to the Program.
(4)Â
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)Â
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)Â
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.
[Added by Bill No. 10-23]
A.Â
Conditions for establishment. A landowner participating
in the Harford County Agricultural Land Preservation and Purchase
of Development Rights Program agrees:
(1)Â
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)Â
To not allow any subdivision of the land for residential
purposes, other than that outlined in the easement as owner/child
lots.
(3)Â
To implement and maintain a soil and water conservation
plan as prepared by the Soil Conservation District.
(4)Â
To establish an easement on the property which creates
an encumbrance upon the land and binds future owners, heirs, successors
or assigns and which precludes the utilization of the land for nonagriculturally
related uses. Any agricultural uses currently permitted would be allowed
to continue under this agreement. The easement agreement shall not
provide for public access to any privately owned land.
(5)Â
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.
(6)Â
That for those landowner's whose property contains
25 or more acres of contiguous woodlands, the landowner may maintain
a forest stewardship plan prepared by a licensed forester.
B.Â
Location criteria. The focus of the Program will be
on lands agriculturally zoned.
C.Â
Size criteria. The County may not purchase an agricultural
preservation easement of less than 50 acres from a landowner unless:
(1)Â
It is contiguous to an easement that is 50 acres or
greater; or
(2)Â
The landowners on the adjoining property(s), which
are less than 50 acres but total at least 50 acres, apply and accept
the County's offer to purchase an easement; or
(3)Â
The property is greater than 25 acres and is contiguous
with at least 50 acres of land owned by a county, state or federal
government agency that is compatible with agriculture.
[Amended by Bill No. 20-008]
D.Â
Soil criteria.
(1)Â
Properties qualified for the program shall consist
of land which is either used primarily for the production of food,
fiber or timber production or is of such open space character and
productive capacity that continued agricultural production is feasible.
(2)Â
Exceptions to the soil criteria noted below include
areas of existing, extensive, specialized production, including but
not limited to dairying, livestock, poultry, turf, nursery, horse,
fruit or berry production as recommended by the Agricultural Land
Preservation Advisory Board.
(3)Â
Soils criteria for lands equal to or greater than
50 acres. 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.
(4)Â
Soils criteria for lands less than 50 acres. A minimum
of 60% of the land area proposed for preservation shall consist of
U.S.D.A. Soil Capability Classes I, II, III or IV on cropland and
Pasture and Woodland Groups 1 and 2 on wooded areas.
E.Â
Permitted uses. An owner whose land is in the Harford
County Agricultural Land Preservation and Purchase of Development
Rights Program shall be permitted to:
(1)Â
Use the land for any agricultural use as defined herein and as permitted in the Harford County Zoning Code, including those permitted in § 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
[Amended by Bill No. 20-008]
(2)Â
Maintain the land for future agricultural use.
(3)Â
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)Â
Employ normal agricultural activities and operations
in accordance with good husbandry and agronomic practices.
(5)Â
Sell agricultural products as is permitted under the
Harford County Code.
F.Â
Exclusion of lots under easement.
(1)Â
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 building permit and owner/occupancy permit must be in the owner'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 use and occupancy permit
except in the event of the death or legal incompetence of the owner
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)Â
Child'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
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
building permit and the owner occupancy permit must 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 use and occupancy permit
except in the event of the death or the 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)Â
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 for good cause shown, with
the review and recommendation of the Agricultural Land Preservation
Advisory Board. All costs associated with the establishment of the
lot 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.
G.Â
Tenant houses. The landowner may request in writing a tenant home in accordance with conditions established within § 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 home may not be subdivided off of the easement property.
[Amended by Bill No. 20-008]
H.Â
Application to sell development rights.
(1)Â
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.
(2)Â
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.
(3)Â
All applications to sell easements to the County shall
be submitted to the Department of Planning and Zoning. The Department,
with the advice of the Treasury Department, shall establish specific
dates by which applications to sell development rights must be received
by the Department of Planning and Zoning. Within 60 calendar days
after this deadline, the Department shall forward all applications
to sell development rights to the Agricultural Land Preservation Advisory
Board for their review.
(4)Â
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 maximum easement value or
maximum development right value will then be determined for each application.
I.Â
Easement priority ranking system. (total number of possible points
300)
[Amended by Bill Nos. 12-45; 20-008]
|
(1)
|
Soil Productivity Score (100 PTS. Max.)
| |||
|
LESA Program
|
=_____/100 PTS.
| |||
|
(2)
|
Farmland Capability (35 PTS. Max.)
| |||
|
(a)
|
Cropland and pasture
| |||
|
75%-100% cropland and pasture
|
=_____/25 PTS.
| |||
|
50%-74% cropland and pasture
|
=_____/15 PTS.
| |||
|
Less than 50% cropland and pasture
|
=_____/5 PTS.
| |||
|
(b)
|
Hydric or hydric inclusion soils
| |||
|
Less than 20%
|
=_____/10 PTS.
| |||
|
20%-40%
|
=_____/5 PTS.
| |||
|
41% or greater
|
=_____/0 PTS.
| |||
|
(3)
|
Land Use Compatibility (90 PTS. Max.)
| |||
|
(a)
|
Development factors
| |||
|
Number of development rights/family conveyances remaining on
property (minus 1 for main dwelling)
| ||||
|
16+
|
=_____/20 PTS.
| |||
|
11-15
|
=_____/15 PTS.
| |||
|
5-10
|
=_____/10 PTS.
| |||
|
Less than 5
|
=_____/0 PTS.
| |||
|
(b)
|
Proximity to priority areas (40 PTS. Max.)
| |||
|
[1]
|
In a designated rural legacy area (within 2 miles)
|
=_____/5 PTS.
| ||
|
[2]
|
In an agriculture designation on the land use plan
|
=_____/5 PTS.
| ||
|
[3]
|
In a priority preservation area
|
=_____/25 PTS.
| ||
|
[4]
|
Within 2 miles of development envelope
|
=_____/20 PTS.
| ||
|
(c)
|
Farm size
| |||
|
200+ acres
|
=_____/30 PTS.
| |||
|
100-199 acres
|
=_____/20 PTS.
| |||
|
50-99 acres
|
=_____/10 PTS.
| |||
|
(4)
|
Protected Land Contiguous to Site (30 PTS. Max.)
| |||
|
(a)
|
Site is contiguous to farmland which is protected by recorded
conservation easement
|
=_____/15 PTS.
| ||
|
(b)
|
Site is contiguous to federal, state or county owned parkland
|
=_____/10 PTS.
| ||
|
(c)
|
Land is contiguous to interim protected land (e.g., 5-year AG
Preservation District)
|
=_____/5 PTS.
| ||
|
(5)
|
Existing Soil Conservation Plan Approved by the Soil Conservation
District or Forest Management Plan Approved by State Forester (10
PTS. MAX.)
| |||
|
(a)
|
Meets current requirements and practices applied
|
=_____/10 PTS.
| ||
|
(b)
|
Updated within 10 years and partially applied practices
|
=_____/5 PTS.
| ||
|
(c)
|
No current approved plans
|
=_____/0 PTS.
| ||
|
(6)
|
Ownership (15 PTS. Max.)
| |||
|
(a)
|
Full-time owner/operator
|
=_____/15 PTS.
| ||
|
(b)
|
Land rented by full-time farmer
|
=_____/10 PTS.
| ||
|
(c)
|
Part-time owner/operator
|
=_____/5 PTS.
| ||
|
(d)
|
Absentee landowner
|
=_____/0 PTS.
| ||
|
(7)
|
Contribution to Continued Viability of Agricultural Community
(10 PTS. Max.)
| |||
|
(a)
|
Substantial contribution
|
=_____/10 PTS.
| ||
|
(b)
|
Moderate contribution
|
=_____/5 PTS.
| ||
|
(c)
|
Minimal contribution
|
=_____/0 PTS.
| ||
|
(8)
|
Special Conditions (10 PTS. Max.)
| |||
|
(a)
|
Economic hardship
|
=_____/10 PTS.
| ||
|
(b)
|
Young farmers
|
=_____/10 PTS.
| ||
|
(3c)
|
Other (specify)
|
=_____/10 PTS.
| ||
|
Total Score
|
= _____ PTS.
| |||
J.Â
Value of easement.
(1)Â
The actual easement value paid to a landowner shall
be based on an overall evaluation of the property using factors such
as size, development potential, best management practices and soil
productivity and percentage of soil class. The easement value paid
shall be either the maximum easement per acre value or the maximum
development right value, whichever is lower, and in no case will the
easement value exceed the maximum per acre cap. The maximum easement
per acre value is determined by the total valuation number multiplied
by the base multiplication easement value.
(2)Â
The base multiplication easement value, the maximum
development right value and the per acre 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 Harford County Agricultural Land Preservation
Advisory Board, the Department of Planning and Zoning shall establish
a base multiplication easement value, a maximum per acre value and
a maximum per residential development right/confirmed family conveyance
value that the County is willing to pay a landowner.
(3)Â
Notwithstanding anything contained herein, the applicant, in the
discretion of the County and upon review by the Agricultural Land
Preservation Advisory Board, may receive a one-time cash incentive
if the property subject to the easement is in the "agricultural preservation
incentive" area of the County as set forth on the 2017 Agricultural
Preservation Incentive Map which shall be kept on file in the Department
of Planning and Zoning. This one-time cash incentive shall be calculated
pursuant to a formula approved by the Department of Planning and Zoning.
This one-time cash incentive shall not affect the points system or
ranking of the subject property.
[Added by Bill No. 17-005]
K.Â
Valuation worksheet.
|
Land Size and Potential:
| |||||
|
Base
|
100
| ||||
|
Size (farm acreage/ag zoning density) (1% of
base for every 10 acres)
|
+
|
____
| |||
|
Total # of development rights (including family
conveyance)
|
+
|
____
| |||
|
(6% of base for every development right and
2% for every family conveyance)
| |||||
|
Agricultural Land Quality:
| |||||
|
Average soil productivity (LESA score)
|
+
|
____
| |||
|
Cropland and pasture soils (soil acreage x weight
?? farm AC.) X 100
| |||||
|
Class I soils _____ x 1
|
+
|
____
| |||
|
Class II soils _____ x .72
|
+
|
____
| |||
|
Class III soils _____ x .50
|
+
|
____
| |||
|
Class IV (qualifying) soils _____ x .18
|
+
|
____
| |||
|
Woodland group (woodland acreage x weight ??
farm ac.) X 100
| |||||
|
Class I woodland _____ x .50
|
+
|
____
| |||
|
Class II woodland _____ x .25
|
+
|
____
| |||
|
Deduction for hydric and hydric inclusion soils
(acreage x weight ?? farm ac.) x 100
| |||||
|
Hydric soils _____ x .50
|
-
|
____
| |||
|
Hydric inclusion soils _____ x .25 (Hydric and
hydric inclusion soils as defined by the National Hydric Soil List)
|
-
|
____
| |||
|
Approved and implemented Soil Conservation District
plan (10% of base)
|
+
|
____
| |||
|
Total Valuation Number
|
____
| ||||
|
Maximum Easement Value:
| |||||
|
Total valuation number_____ x base
| |||||
|
Multiplication easement value = $_____ per acre
| |||||
|
Maximum Development Right Value:
| |||||
|
Number of development rights remaining on the
property
|
____
| ||||
|
Number of potential family conveyances
|
____
| ||||
|
Total number of potential rights
|
____
| ||||
|
__ Potential rights x development right value
of $_____
|
= $____
| ||||
|
Maximum Per Acre Cap
|
$____
| ||||
L.Â
Offers.
(1)Â
After determination of the EPR score and easement
value, offers will be made to all qualified applicants. The County
shall make offers to applicants a minimum of 2 times a year, subject
to the availability of funds and qualified applicants. 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)Â
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)Â
Those applicants not receiving an offer shall automatically
be considered for the next round of easement sale offers. All offers
to purchase development rights from agricultural landowners must be
approved by the Harford County Board of Estimates and the County Council.
As the Harford County Agricultural Land Preservation and Purchase
of Development Rights Program is strictly voluntary, no landowner
shall be required to accept any offer made by the County to purchase
their development rights nor shall the County be required to purchase
the development rights on farms not meeting the County's minimum EPR
score of 150 points.
M.Â
Payment alternatives.
(1)Â
There are 2 payment options available through the
Purchase of Development Rights 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)Â
If the landowner requests that the development rights
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 purchase of development rights. If funds are not available
for the cash purchase of development rights, the landowner shall automatically
be considered for the next round of easement sale offers.
(3)Â
Once a landowner agrees to accept a County offer to
purchase his development rights, 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.
N.Â
Installment purchase agreement (IPA). IPA's 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.
O.Â
Settlement.
(1)Â
Settlement shall be made by the County within 120
days of the date of County Council action. A 60-day extension may
be requested in writing by either the landowner or the County in order
to verify deed information and/or provide an updated survey or other
information needed by the County to complete the easement sale process.
(2)Â
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.
P.Â
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.
Q.Â
Additions to existing easements. The process for adding
land to existing easements shall be the same as for the initial establishment
of an easement. The Agricultural Land Preservation Advisory Board
shall establish a minimum size criteria for the addition of land contiguous
to an existing easement.
R.Â
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)Â
No additional dwellings shall be permitted on parcels
created through the subdivision of the property;
(2)Â
All subdivided parcels and any remaining parcel shall
be at least 25 acres, except that parcels of less than 25 acres may
be created if combined with an adjacent parcel or if approved by the
Department of Planning and Zoning, with the review and recommendation
of the Agricultural Land Preservation Advisory Board;
(3)Â
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)Â
The subdivision of the property will not be inconsistent
with any soil conservation or water quality plan in existence prior
to the subdivision.
S.Â
Reports. The County Treasurer shall submit to the
Agricultural Land Preservation Advisory Board on a semi-annual basis,
a report detailing the revenues received under the transfer tax, the
revenues expended for agricultural preservation listed by payment
method, and cost incurred to administer the Agricultural Land Preservation
Program.
T.Â
Tax credit. Landowners may be eligible for a tax credit under Section 123-43.3.1 of the Harford County Code.
[Added by Bill No. 17-005]
The Harford County Agricultural Land Preservation
and Purchase of Development Rights 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.Â
Conditions for establishment. A landowner agrees:
(1)Â
To maintain the land in agricultural use from the
date that the district is recorded in the land records of Harford
County.
(2)Â
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)Â
That the construction of buildings or structures on
the land other than farm buildings 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.
B.Â
Location criteria. The focus of the program will be
on lands agriculturally zoned.
C.Â
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)Â
It adjoins a 50 acre parcel which has been approved
by the County as an agricultural preservation district; or
(2)Â
It has been added to one or more adjoining parcels
which together have been approved by the County as agricultural preservation
districts; or
(3)Â
The land has an agricultural productivity capability
higher than the County average as determined by the United States
Department of Agriculture.
D.Â
Soil criteria.
(1)Â
Properties qualified for the program shall consist
of land which is either used primarily for the production of food,
fiber or timber production or is of such open space character and
productive capacity that continued agricultural production is feasible.
(2)Â
Exceptions to the soil criteria noted below include
areas of existing, extensive, specialized production, including but
not limited to dairying, livestock, poultry, fruit or berry production
as recommended by the Agricultural Land Preservation Advisory Board.
(3)Â
Soils criteria for lands equal to or greater than
50 acres. 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.
(4)Â
Soils criteria for lands less than 50 acres. A minimum
of 60% of the land area proposed for preservation shall consist of
U.S.D.A. Soil Capability Classes I, II, III or IV on cropland and
Pasture and Woodland Groups 1 and 2 on wooded areas.
E.Â
Permitted uses. An owner whose land is in the Harford
County Land Preservation and Purchase of Development Rights Program
shall be permitted to:
(1)Â
Use the land for any agricultural use as defined herein
and as permitted in the Harford County Code, including those permitted
in Section 267.43(F) of the Harford County Zoning Code, as amended.
(2)Â
Maintain the land for future agricultural use.
(3)Â
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)Â
Employ normal agricultural activities and operations
in accordance with good husbandry and agronomic practices, as long
as the activities and operations do not endanger the health and welfare
of the citizens of the County.
(5)Â
Sell agricultural products as is permitted under the
Harford County Code.
(6)Â
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 deed of easement
was recorded and that the use is approved by the Soil Conservation
District.
F.Â
Exclusion of lots under district.
(1)Â
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 building permit and the owner/occupancy
permit must be in the owner's name. The owner's lot may not be sold
or transferred within 5 years from the date of recording the district
except in the event of the death or legal incompetence of the owner
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)Â
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 building permit and the owner occupancy permit 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 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)Â
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. All costs associated with establishment of this lot
shall be paid by the landowner, and the district will be amended to
identify the lot(s) excluded.
G.Â
Tenant houses. The landowner may request in writing
a tenant home in accordance with conditions established within Section
267-26(D)(6) 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 home 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.
H.Â
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)Â
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)Â
Severe hardship. If severe economic or personal 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
hardship that the landowner is sustaining and providing the County
with the following:
(a)Â
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)Â
Other information attesting to the severe hardship
that the landowner is sustaining, including by way of example information
from the mortgages, lien holders, creditors, attorneys, the internal
revenue service and other party interests who are qualified to address
the condition of the landowner.
(c)Â
To the extent permitted by law, the County shall
deny public access to the information the landowner has supplied the
County.
(d)Â
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)Â
No development plans may be submitted to the Department
of Planning and Zoning prior to the formal termination of the district.
(4)Â
A landowner terminating a district shall be required
to pay back to the County the applied tax credit given to the property
while under a district agreement.
All properties in the Harford County Agricultural
Land Preservation and Purchase of Development Rights Program will
be subject to periodic inspections. 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 intention to inspect
the property, and all inspections will be conducted at reasonable
times.
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.
