1. A. In determining which applications to approve for the purchase of the easements offered, the Foundation shall approve only those applications which have received approval of the applicable local governing body in which the subject land meets the qualifying criteria of Regulation .03D of this chapter on lands which are currently within an agricultural preservation district.

2. B. Approval of Easement Sale Applications.

   1. (1) Ratios of 1.0 or Lower. All applications for the sale of easements shall be assigned a rank in ascending order with respect to the proportion obtained by dividing the asking price by the State appraisal easement value. The resulting rank shall be the sole criterion for establishing the priority for approved applications with ratios of 1.0 or lower. If between two or more landowners, the proportions obtained are equal, the following land characteristics shall affect the priority of acquisition:

      1. (a) Highest productive capability;
      2. (b) Greatest urban pressure; and
      3. (c) Largest parcel.
   2. (2) Ratios of Greater than 1.0. All applications for the sale of easements shall be assigned a point total resulting from the following easement priority formula. Applications shall be ranked in descending order of respective point totals and this shall be the sole criterion for establishing the priority for the approved applications that include asking price/appraised value ratios greater than 1.0.

   3. (3) Points. The following points shall be assigned to soil capability, based on the land classification system as developed by the U. S. Department of Agriculture, Soil Conservation Service. The following standard priority ranking system applies to ratios greater than 1.0 if the total district acreage is: (Maximum 20 Points)

      1. (a) 50 percent or more Classes I and II — 20 points;
      2. (b) 50 percent or more Classes II and III — 16 points;
      3. (c) 50 percent or more Class III — 12 points;
      4. (d) 50 percent or more Woodland Group 1 — 20 points;
      5. (e) 50 percent or more Woodland Group 2 — 12 points;
      6. (f) Less than 50 percent Class I, II, and III soils or Woodland Groups 1 and 2, but 50 percent or more of the productive area of the district is devoted to specialized food production such as orchard, vineyard, poultry, livestock, or other agricultural commodities intended for human consumption which can be produced on poorer soils without the eventual degradation of the productive capability of the land; or agricultural land which is otherwise qualified for district establishment and is comprised predominantly of lower general capability which was subject to Foundation approval based on documented productivity —
         12 points;
      7. (g) Less than 50 percent Class I, II, and III soils or Woodland Groups 1 and 2, but 50 percent or more of the productive area of the district is devoted to non-food production such as nursery, horses, tobacco, or other non-food agricultural commodities which could be produced on poorer soils without the eventual degradation of the productive capability of the land — 8 points.

   4. (4) Points. The following points shall be assigned based upon agricultural preservation area and district size (maximum 25 points):

      1. (a) Preservation area. Agency Note: An agricultural preservation area is the amount of contiguous land under district agreement which may include separate ownership and land which is permanently preserved for agriculture through a county, State, federal, or private organization.

         1. (i) 1,000 acres or larger — 10 points;
         2. (ii) 500—999 acres — 8 points;
         3. (iii) 100—499 acres — 5 points;

      2. (b) District:

         1. (i) 175 acres or larger — 10 points;
         2. (ii) 100—174 acres — 8 points;
         3. (iii) 50—99 acres — 2 points;
      3. (c) If the District adjoins a district on which a development rights easement has been acquired or the adjacent land has been permanently preserved for agriculture through county, State, federal, or private organization — 5 points.

   5. (5) Points. Points shall be assigned based upon the threat to the continuance of agriculture. The following points apply to the percentage of existing or formally proposed nonagricultural land use acreage within a 1.5 mile radius of the district (maximum 30 points):

      1. (a) 41—50 percent developed and district is contiguous to the undeveloped portion — 10 points;
      2. (b) 31—40 percent developed and district is contiguous to the undeveloped portion — 8 points;
      3. (c) 21—30 percent developed and district is contiguous to the undeveloped portion — 6 points;
      4. (d) 10—20 percent developed and district is contiguous to the undeveloped portion — 4 points;

      5. (e) The following points apply to the proximity to the county's existing sewer service or sewer service planned within the next 10 years:

         1. (i) Less than 1 mile — 15 points;
         2. (ii) 1—2 miles — 12 points;
         3. (iii) 2.1—4 miles — 9 points;
         4. (iv) 4.1—6 miles — 6 points;

      6. (f) The following points apply to the proximity to community or suburban development areas outside the county's existing or ten year sewer service boundary: Agency Note: A community or suburban development area is an area of existing and formally proposed residential development greater than 500 contiguous acres.

         1. (i) Less than 0.5 miles — 5 points;
         2. (ii) 0.6—1.0 miles — 4 points;
         3. (iii) 1.1—2.0 miles — 3 points;
         4. (iv) 2.1—3.0 miles — 2 points.

   6. (6) Points. The following points apply to the priority recommendations of local governing bodies for applications based on a formal objective evaluation process approved by the Foundation (maximum 25 points):

      1. (a) Applications designated high priority — 25 points;
      2. (b) Applications designated medium priority — 10 points;
      3. (c) Applications designated low priority — 5 points.
3. C. The Foundation shall only approve those applications that have been approved by the applicable local government.

Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of Maryland

Effective date: January 12, 1979 (6:1 Md. R. 19)

Regulation .03 amended effective July 27, 1987 (14:15 Md. R. 1662)

Regulation .03C amended effective June 4, 1984 (11:11 Md. R. 963); August 27, 1984 (11:17 Md. R. 1493); March 25, 1985 (12:6 Md. R. 597)

Regulation .04 amended effective July 27, 1987 (14:15 Md. R. 1662)

Regulation .04B amended effective June 4, 1984 (11:11 Md. R. 963)

Regulation .04B amended as an emergency provision effective June 6, 1984 (11:13 Md. R. 1174); emergency status expired July 16, 1984

Regulation .04B amended as an emergency provision effective August 6, 1984 (11:17 Md. R. 1489); adopted permanently effective November 19, 1984 (11:23 Md. R. 1994)

Regulation .04G amended effective June 4, 1984 (11:11 Md. R. 963); March 25, 1985 (12:6 Md. R. 597)

Regulation .04-1 adopted effective March 25, 1985 (12:6 Md. R. 597)

Regulation .04-1A amended effective August 12, 1985 (12:16 Md. R. 1608)

Regulation .04-1B amended effective July 27, 1987 (14:15 Md. R. 1662)

Regulation .05D amended effective July 27, 1987 (14:15 Md. R. 1662)

Regulation .06A amended effective July 27, 1987 (14:15 Md. R. 1662)

Chapter revised effective July 11, 1988 (15:14 Md. R. 1656)

Existing Preface, Program Summary, and Regulation .01 amended and recodified to new Regulations .01, .01-1, and .01-2, respectively, effective April 15, 1991 (18:7 Md. R. 773)

Regulation .03 amended effective April 15, 1991 (18:7 Md. R. 773)

Regulation .03D amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)

Regulation .03H adopted effective April 15, 1991 (18:7 Md. R. 773)

Regulation .04B amended effective April 15, 1991 (18:7 Md. R. 773)

Regulation .04C amended effective November 11, 1991 (18:22 Md. R. 2397)

Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 638)

Regulation .05B amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)

Regulation .05G amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)

Regulation .05N amended effective April 15, 1991 (18:7 Md. R. 773); November 11, 1991 (18:22 Md. R. 2397)

Regulation .05N amended as an emergency provision effective July 1, 1992 (19:15 Md. R. 1386); emergency status extended at 19:23 Md. R. 2038; adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)

Regulation .07A, D amended effective March 19, 1990 (17:5 Md. R. 638)

Chapter revised effective November 4, 1996 (23:22 Md. R. 1498)

Regulation .01-2 amended effective August 6, 2001 (28:15 Md. R. 1399)

Regulation .01-2B amended effective September 19, 2011 (38:19 Md. R. 1148)

Regulation .03C amended effective January 19, 2004 (31:1 Md. R. 31)

Regulation .03D amended effective September 8, 1997 (24:18 Md. R. 1296)

Regulation .05B amended effective July 3, 2006 (33:13 Md. R. 1065)

Regulation .12 repealed and new Regulation .12 adopted effective May 17, 2010 (37:10 Md. R. 723)

Regulation .17D amended as an emergency provision effective October 11, 2002 (29:23 Md. R. 1808); amended permanently effective February 3, 2003 (30:2 Md. R. 76)

Regulation .17F repealed effective June 4, 2018 (45:11 Md. R. 579)

Regulation .17H—J adopted effective October 30, 2000 (27:21 Md. R. 1977)

Regulation .17H—J repealed and new H—K adopted effective August 6, 2001 (28:15 Md. R. 1399)

Regulation .17H—K repealed effective September 19, 2011 (38:19 Md. R. 1148)

Regulation .18 repealed effective April 10, 2006 (33:7 Md. R. 675)