1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Agricultural land transfer tax” means the tax imposed under Maryland Tax-Property Article, §13-302, Annotated Code of Maryland.
   2. (2) “County” means a county of the State or Baltimore City.
   3. (3) “County agricultural preservation advisory board” means a board established by a county under Agriculture Article, §2-504.1, Annotated Code of Maryland.
   4. (4) “County funds” means local funds derived from sources other than the agricultural land transfer tax.
   5. (5) “County governing body” means the board of county commissioners or, in a charter county, the county executive and the county council of a county.
   6. (6) “County program” means a county agricultural land preservation program under State Finance and Procurement Article, §5-408, Annotated Code of Maryland.
   7. (7) “Department” means the Maryland Department of Planning.
   8. (8) “Development right” means a right under local law to develop land for non-agricultural commercial, industrial, or residential use.
   9. (9) “Financial enhancement” means a financial incentive that a county offers to encourage local landowners to participate in a land preservation program, including, but not limited to, property tax credits, bonus payments, or tax-free interest payments.
   10. (10) “Foundation” means the Maryland Agricultural Land Preservation Foundation in the Maryland Department of Agriculture.
   11. (11) “Local plan” means a County’s goals, objectives, policies, and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps which constitute the guide for the County’s future development, and includes a general plan, master plan, comprehensive plan, or community plan adopted in accordance with Division I of the Land Use Article, Annotated Code of Maryland.
   12. (12) “Nonqualifying expenditures” means expenditures by a county, other than qualifying expenditures, made to support, administer, or operate a county program.
   13. (13) “Priority preservation area” means an area established and certified in accordance with Agricultural Article, §2-518, Annotated Code of Maryland, and Regulation .06 of this chapter, and which is identified and delineated on a map as the priority preservation area in a priority preservation area element of the local plan.
   14. (14) “Program development strategy” means a strategy designed to improve the effectiveness of a county program.

   15. (15) “Program evaluation” means an evaluation of a county program that:

       1. (a) Evaluates the effectiveness of the county’s zoning and land management practices to:

          1. (i) Limit the adverse impacts of subdivision and development of agricultural and forest land;
          2. (ii) Allow for the timely acquisition of land preservation easements on agricultural and forest land; and
          3. (iii) Achieve the Foundation’s goals, as expressed in Agriculture Article, §2-501, Annotated Code of Maryland and Regulation .03 of this chapter, before development excessively compromises agricultural and forest resource lands; and

       2. (b) With respect to the goals for certification of a county program set forth in Regulation .03 of this chapter:

          1. (i) Identifies the strengths and weaknesses in the county’s zoning and land management practices and the county program;
          2. (ii) Includes a discussion and analysis of all identified weaknesses; and
          3. (iii) Identifies the county’s plans and actions to make improvements to the county’s zoning and land management practices and the county program.

   16. (16) “Qualifying expenditures” means expenditures of county funds by a county to:

       1. (a) Purchase a development right;
       2. (b) Provide bond annuity funds or matching funds for the purchase of a development right;
       3. (c) Guarantee loans that are collateralized by a development right;
       4. (d) Provide additional financial incentives to agricultural land owners to sell a development right; or
       5. (e) Pay allowable administrative expenses as provided in Tax-Property Article, §13-306(c)(5), Annotated Code of Maryland.
   17. (17) “Secretary” means the Secretary of the Department.

Authority: Agriculture Article, §§2-103(b) and 2-518; State Finance and Procurement Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §13-306;
Annotated Code of Maryland

Effective date:

Regulations .01—.10 adopted as an emergency provision effective September 18, 1990 (17:20 Md. R. 2421); emergency status expired February 1, 1991

Regulations .01—.10 adopted permanently effective March 4, 1991 (18:4 Md. R. 449)

Regulation .02B amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .04 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .05 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .06 repealed effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .09 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .10 amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulations .01—.10 repealed and new Regulations .01—.12 adopted effective January 26, 2009 (36:2 Md. R. 102)

Chapter recodified from COMAR 14.24.08 to COMAR 34.03.03 in 2009

Regulation .02B amended effective April 24, 2017 (44:8 Md. R. 407)

Regulation .12B amended as an emergency provision effective June 29, 2010 (37:16 Md. R. 1059); emergency status expired effective December 2, 2010

Regulations .01—.12 repealed and new Regulations .01—.11 adopted effective May 18, 2020 (47:10 Md. R. 520)