Md. Code Regs. 15.15.05.05 - Foundation Review
A. The
Foundation shall review a landowner's termination request only if the county
governing body approves a landowner's termination request in writing
B. The Foundation's review of a landowner's
termination request requires the Foundation Board of Trustees members at large
to determine, in writing, whether profitable farming is feasible on the land,
which determination may be based on the following:
(1) An expert opinion as to whether
profitable farming on the land is feasible;
(2) The effect of any nonagricultural
development adjacent to the land;
(3) Whether markets exist for any
agricultural products that can be produced on the land;
(4) The profitability of nearby farms, if
such information is readily available to the Board of Trustees members at
large;
(5) Any information the
landowner asks the Board of Trustees members at large to consider; or
(6) Any additional information the Board of
Trustees members at large deem relevant to determine if it is feasible to farm
the land in a profitable manner.
C. To assist with the determination of
whether profitable farming is feasible on the land, the landowner may request
the Foundation Board of Trustees members at large to conduct a hearing, which
request shall be submitted in writing to the Foundation within 30 days after
the date of the county governing body's written decision approving the
landowner's termination request. If the landowner fails to request a hearing
within the required time period, no hearing shall be required.
D. Standard of Review for Foundation
Consideration of Termination Request.
(1) To
determine whether profitable farming is feasible on the land, the Foundation
Board of Trustees members at large shall presume that it is feasible to farm
the subject land in a profitable manner and the landowner has the burden to
rebut this presumption.
(2) The
standard by which feasibility of profitable farming is measured is based on
whether any landowner can profitably farm the land in question and not whether
the particular landowner seeking termination has been able to profitably farm
the land.
E.
Foundation's Decision. The Foundation Board of Trustees members at large shall
prepare a written decision regarding the landowner's termination request, which
decision shall either:
(1) Deny the
termination request and end the termination review process; or
(2) Approve the termination request for
additional consideration by the Secretary and the State Treasurer.
Notes
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