Md. Code Regs. 15.15.03.05 - Replacement Dwelling House Eligibility
A. The approval for the construction of a
replacement dwelling house by the Foundation is not an absolute right of a
landowner. The Foundation shall only approve a request for a replacement
dwelling house if the Foundation:
(1) Has
approved the application for a tenant house; and
(2) Has approved an existing dwelling house
as a tenant house.
B. A
replacement dwelling house may be approved and used only for the current or
future landowner's personal residential use.
C. The Foundation shall approve the location
and size of a replacement dwelling house as a residential structure. Unless the
Foundation approves otherwise, a replacement dwelling 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 smaller in size than the existing dwelling approved to be redesignated
as a tenant house; and
(4) May not
be more than 3,500 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.
D. A replacement dwelling house,
including its size and location, may not be approved by the Foundation unless
it conforms to local planning and zoning regulations.
E. The property owner must execute an
agreement with the Foundation to prohibit a replacement dwelling house and the
land where it is constructed from being separately conveyed from the farm
subject to the easement. The agreement will also specify that the replacement
dwelling house will be for the personal residential use of the current or
future landowners. The agreement shall be recorded among the county land
records and shall bind future owners of the property.
F. In counties that require subdivision of
nontenant dwelling houses, the subdivision plat will state that the parcel is
not to be separately conveyed from the property.
G. If the Foundation approves a replacement
dwelling house that is smaller than 3,500 square feet, any proposed additions
are subject to the Foundation's prior review and approval.
H. This section does not apply to
applications to replace an existing dwelling house damaged or destroyed by
fire, water, or natural causes.
Notes
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