Md. Code Regs. 15.15.12.05 - Previously Unapproved Subdivision
A. Violation. The subdivision of land without
Foundation approval is an easement violation.
B. Procedure. Upon discovery of an unapproved
subdivision, the Foundation may either require that the land be restored to its
original configuration or it may consider accepting a subdivision request from
the owners of all of the resulting divided parcels. In its consideration of
whether to accept a request for agricultural subdivision, the Foundation may
rely on the recommendation of Foundation staff and the county program
administrator. If the Foundation decides to accept a request for an
agricultural subdivision, the owners of all of the resulting divided parcels
shall submit an application with the documentation required by this chapter.
The Foundation shall then determine if the subdivision qualifies for the
exception to the subdivision prohibition as provided in this chapter. If the
Foundation does not approve the agricultural subdivision, the land shall be
restored to its original configuration under the easement.
C. Requirements. An approval of the
agricultural subdivision shall require that the owners comply with all of the
requirements of this chapter, but, if any of the resulting divided parcels of
the subdivision are less than 50 acres, the Foundation may waive the 50-acre
requirement if:
(1) At the time of the
subdivision:
(a) The Foundation's regulations
permitted the resulting divided parcels to be less than 50 acres; or
(b) The subdivision met the requirements of
Regulation .04F of this chapter.
(2) The subdivision served an agricultural
purpose;
(3) The subdivision
enhanced or had no effect upon the agricultural operations being conducted upon
the land;
(4) The resulting divided
parcels have sustained agricultural production independent of each other from
the time of the subdivision;
(5)
The resulting divided parcels still meet minimum soils requirements, as
provided by COMAR
15.15.01.03D;
and
(6) The landowners present
evidence satisfactory to the Foundation to make a determination that the
resulting divided parcels have sufficient potential to sustain agricultural
production independent of each other in the future.
Notes
Regulation .05C amended effective 41:17 Md. R. 971, eff.
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