Md. Code Regs. 15.15.13.05 - Foundation Application Procedure
A. Upon receiving a completed proposal from
the county program administrator, the Foundation staff shall:
(1) Review the proposal for
completeness;
(2) Submit the
proposal to the Maryland Department of Agriculture's Office of Resource
Conservation for a written opinion on the appropriateness of the forest
easement overlay proposal;
(3)
Submit the proposal, if it involves mitigation, to the Maryland Department of
Planning for a written statement indicating whether the development to be
facilitated by the forest mitigation is in a priority funding area, is
consistent with the local comprehensive plan and State planning policy, and is
not likely to encourage or support substantial further development in areas the
Foundation is attempting to preserve; and
(4) Submit the complete proposal and staff
recommendation to the Foundation's Board of Trustees.
B. After receiving the proposal and
recommendation from the Foundation staff, the Board shall determine if the
forest easement overlay is consistent with the Foundation's mission and is
appropriate for the easement property. The approval for a forest easement
overlay on a Foundation easement or district property is not an absolute right
of a landowner, and requests shall be reviewed by the Foundation on a
case-by-case basis.
C. The
Foundation shall also take into account the following criteria when reviewing a
forest easement overlay proposal:
(1) The
restrictions that would be imposed on the current and future production options
for the land;
(2) The potential
effect of the forest easement on the ability of subsequent owners of the land
to conduct profitable activities on the land, compatible with the Foundation's
easement;
(3) The amount of the
land proposed for an easement overlay;
(4) The productivity of the soil or
soils;
(5) The resource
conservation purpose being served;
(6) The recommendation of the county
agricultural land preservation advisory board; and
(7) Any other considerations appropriate and
necessary to determine the proposal's compatibility with the Foundation's goals
and objectives.
D. If
the request is to establish a forest easement overlay for a forest mitigation
bank, the Foundation shall approve or deny the request after considering the
criteria set forth in this regulation. If the Board approves an overlay for
forest mitigation banking, future mitigation credits may be approved by the
Foundation staff but shall offset development in a priority funding
area.
E. If the forest easement
overlay request is for a property subject to an easement with a 25-year
termination clause, the landowner shall amend the deed of easement to waive the
right to request termination of the easement after 25 years and to clarify the
perpetual nature of the easement. The waiver requirement of this section does
not apply to a forest easement overlay request if local law requires the
request be made to offset the development of an on-site residential lot
authorized under Agriculture Article, ยง
2-513, Annotated Code of
Maryland.
F. The forest easement
overlay document shall be submitted to the Foundation for review in advance of
recordation and be subordinate to the agricultural land preservation easement
unless the Foundation determines that the State's interest in the land would be
compromised by doing so.
Notes
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