Md. Code Regs. 15.15.16.03 - Conditions of Approval

The following conditions apply to any overlay easement approved by the Foundation:

A. The proposed overlay easement may not prohibit any agricultural operation within the proposed overlay easement area, unless otherwise approved by the Board;

B. The proposed overlay easement shall have minimal interference on the overall farm operation;

C. If the proposed overlay easement is a right-of-way, its width shall be the minimum required by law;

D. When considering an overlay easement request, the Foundation shall consider the legislative intent as provided in Agriculture Article, § 2-501, Annotated Code of Maryland; and

E. The Foundation may require any other conditions it considers appropriate on a case-by-case basis when approving any particular overlay easement proposal, including other conditions required by law or regulation.

Notes

Md. Code Regs. 15.15.16.03

Regulation .03 adopted effective 45:11 Md. R. 579, eff. 6/4/2018