WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(2)     Upon receipt of a petition to establish an agricultural district the local
governing body shall refer the petition and accompanying materials [to] both TO the
agricultural preservation advisory board and to the county planning and zoning body.

(i) Within 60 days of the referral of a petition, the agricultural
preservation advisory board shall advise the county governing body as to whether or not
the land in the proposed district meets the qualifications established by the foundation
under subsection (c) of this section, and whether or not the advisory board recommends
establishment of the district.

(ii) Within 60 days of the referral of a petition, the county planning
and zoning body shall advise the local governing body as to whether or not establishment
of the district is compatible with existing and approved county plans and overall county
policy, and whether or not the planning and zoning body recommends establishment of
the district.

(3)     If either the agricultural preservation advisory board or the planning and
zoning body recommends approval, the county governing body shall hold a public hearing
on the petition. Adequate notice of the hearing shall be given to all landowners in the
proposed district, and to the foundation.

(4)     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.

(i) 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.

(ii) 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 (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)     If the foundation approves the petition, the agricultural district shall be
established by an ordinance of the county governing body, however, the establishment
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

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