Md. Code Regs. 15.15.04.03 - Eligibility
A. Requests for
Approval.
(1) The approval to relocate the
1-acre site of any dwelling by the Foundation is not an absolute right of a
landowner.
(2) Requests shall be
reviewed on a case-by-case basis, and approved if consistent with the
guidelines established by this chapter.
(3) Each request shall be reviewed to
determine if:
(a) The proposed new site for
any new dwelling will adversely affect farming operations; and
(b) The site where the dwelling exists at the
time of the request may be restored to agricultural use.
B. Dwelling Relocation Criteria.
(1) A request to relocate the site of an
existing dwelling on a farm may not be approved by the Foundation if it
increases the residential development or the number of dwellings on the
farm.
(2) The proposed new site for
a new dwelling:
(a) Is subject to the
Foundation's approval; and
(b) May
not be located in an area that interferes with any agricultural use.
(3) The Foundation's approval for
a new site for an existing dwelling shall be conditioned upon the removal of
the existing dwelling, and restoration of the existing dwelling site to
agricultural use, within 60 days after the use and occupancy permit is issued
for the new dwelling, or sooner, if required under county law.
(4) A request to relocate the 1-acre site of
any proposed new dwelling may not be approved unless the landowner can
demonstrate to the Foundation that the existing dwelling site can be restored
to agricultural use.
(5) A
landowner's request to relocate the site of an existing dwelling may not be
approved if its purpose is solely for aesthetic reasons.
Notes
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