1. A. Before the Foundation may consider a request for a corrective easement, a landowner shall submit the following:

   1. (1) An application, completed and signed by each titled landowner to all of the land encumbered by the easement, which addresses the criteria in Regulation .03 of this chapter;
   2. (2) An unmarked copy of the tax map or boundary survey which outlines the entire easement land;

   3. (3) A second copy of the tax map which shall include the following:

      1. (a) Boundaries of the easement land;
      2. (b) If applicable, the location of the proposed change in boundary lines, and the amount of acreage involved; and
      3. (c) Location of, and access to, all preexisting dwellings, lot exclusions, tenant houses, and farm buildings;

   4. (4) A written statement from the landowner indicating:

      1. (a) The reason for the request and an explanation of how the corrective easement will enhance or have no effect upon the agricultural operations;
      2. (b) The name, address, email address, and telephone number of all landowners whose lands are involved in the request; and
      3. (c) Who will pay for the costs of the transaction;

   5. (5) A written statement from the county program administrator describing:

      1. (a) The current overall farm operation and whether the proposed corrective easement will enhance or will have no effect upon the agricultural operations; and
      2. (b) If applicable, whether an exchange of land is permissible under county subdivision regulations; and
   6. (6) A letter of recommendation from the local agricultural land preservation advisory board.
2. B. Exceptions to Corrective Easement Application Procedure. The application procedure under this regulation does not apply to those corrective easement applications addressed in Regulation .06 of this chapter.

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

Effective date:

Regulations .01—.05 adopted as an emergency provision effective June 8, 2011 (38:14 Md. R. 788); adopted permanently effective August 8, 2011 (38:16 Md. R. 945)

Regulation .03 amended effective July 26, 2021 (48:15 Md. R. 593)

Regulation .04 amended effective July 26, 2021 (48:15 Md. R. 593)

Regulation .05 amended effective July 26, 2021 (48:15 Md. R. 593)

Regulation .05E adopted effective September 1, 2014 (41:17 Md. R. 971)

Regulation .06 adopted effective July 26, 2021 (48:15 Md. R. 593)