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2006 LAWS OF MARYLAND
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Ch. 192
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(4) (i) Within 120 days after the receipt of the petition, the county
governing body shall render a decision as to whether or not the petition shall be
recommended to the Foundation for approval.
(ii) If the county governing body decides to recommend approval of
the petition, it shall so notify the Foundation and forward to the Foundation the
petition and all accompanying materials, including the recommendations of the
advisory board and county planning and zoning body.
(iii) If the county governing body recommends denial of the petition,
it shall so inform the Foundation and the petitioners.
(5) The Foundation may approve a petition for the establishment of an
agricultural district only if:
(i) The land within the proposed district meets the qualifications
established under subsection (c) of this section;
(ii) The petition has been approved by the county governing body;
and
(iii) The establishment of the district is approved by a majority of
the Foundation board of trustees at-large, by the Secretary, and by the State
Treasurer.
(6) The Foundation shall render its decision on a petition to establish an
agricultural district within 60 days of the receipt of the petition, and shall inform the
county governing body and the petitioners of its decision.
(7) (i) If the Foundation approves the petition, the agricultural district
shall be established by an ordinance of the county governing body.
(II) [, however, the] THE establishment OF THE DISTRICT shall not
take effect until all landowners in the proposed district have executed and recorded
along with land records an agreement with the Foundation stipulating that for a
[period of five years] SPECIFIED PERIOD OF TIME from the establishment of the
agricultural district, the landowner agrees to keep his land in agricultural use and
has the right to offer to sell an easement for development rights on his land to the
Foundation under the provisions of this subtitle.
(III) IN THE ORDINANCE THAT ESTABLISHES AN AGRICULTURAL
DISTRICT:
1. THE COUNTY GOVERNING BODY SHALL ESTABLISH THE
LENGTH OF TIME REQUIRED FOR A DISTRICT AGREEMENT UNDER SUBPARAGRAPH
(II) OF THIS PARAGRAPH; AND
2. THE TIME PERIOD OF THE DISTRICT AGREEMENT SHALL
BE FROM 1 TO 5 3 TO 10 YEARS, BOTH INCLUSIVE.
[(ii)] (IV) In the event of severe economic hardship the Foundation,
with the concurrence of the county governing body, may release the landowner's
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