The following conditions apply to any overlay easement approved by the Foundation:
- A. The proposed overlay easement may not prohibit any agricultural operation within the proposed overlay easement area, unless otherwise approved by the Board;
- B. The proposed overlay easement shall have minimal interference on the overall farm operation;
- C. If the proposed overlay easement is a right-of-way, its width shall be the minimum required by law;
- D. When considering an overlay easement request, the Foundation shall consider the legislative intent as provided in Agriculture Article, §2-501, Annotated Code of Maryland; and
- E. The Foundation may require any other conditions it considers appropriate on a case-by-case basis when approving any particular overlay easement proposal, including other conditions required by law or regulation.
Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland
Effective date: June 4, 2018 (45:11 Md. R. 580)
Regulation .02 amended effective July 26, 2021 (48:15 Md. R. 594)