Md. Code Regs. 15.15.03.03 - Tenant House Eligibility
A.
The approval for the construction of a tenant house by the Foundation is not an
absolute right of a landowner, and requests shall be reviewed by the Foundation
on a case-by-case basis. Each request shall be reviewed to determine if a
proposed tenant house is necessary based on the nature of the farming
operation. When applying for approval of a tenant house, a landowner shall
demonstrate to the Foundation a current and compelling need. To do so, a
landowner shall show:
(1) The nature of the
farm operation and the reasons why one or more tenant is necessary to carry out
farm operations; and
(2) That one
or more tenants will be fully engaged in the operations of the farm.
B. Farm Size.
(1) A request for a tenant house may not be
considered by the Foundation for any farm of less than 100 acres, unless the
Foundation grants an exception based on a showing of compelling need.
(2) Not more than one tenant house per full
100 acres may be considered by the Foundation for a farm, for example, one
house for 100"199.99 acres, two houses for 200"299.99 acres, etc.
C. A tenant house may be approved
for and occupied only by tenants of whom one or more is fully engaged in the
operation of the farm.
D. The
Foundation shall approve the location and size of a tenant house as an
accessory structure. Unless the Foundation approves otherwise, a tenant house:
(1) Shall be located in the vicinity of other
farm buildings;
(2) May not be
located on a farm field;
(3) May
not be larger in size than at least one nontenant dwelling house on the
property, if any exist; and
(4) May
not be more than 2,000 square feet in size, calculated by first multiplying the
exterior footprint of the portions of the structure with multiple stories by
the number of stories with windows, and then adding the exterior footprint of
any portions of the structure with one story, but excluding basements, attics,
and porches not used as living space, garages, or unenclosed decks.
E. A tenant house, including its
size and location, may not be approved by the Foundation unless it conforms to
local planning and zoning regulations.
F. A tenant house and the land where it is
constructed may not be subdivided and separately conveyed from the farm subject
to the easement.
G. The Foundation
may not approve the construction of a tenant house solely for the purpose of
producing rental income.
Notes
Regulation .03A, B amended effective July 17, 2008 (35:14 Md. R. 1247)
Regulations .03 adopted effective March 7, 2011 (38:5 Md. R. 319)
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