Md. Code, Agriculture § 2-101
There is a Department of Agriculture, established as a principal department of the State government.
Md. Code, Agriculture, Title 2
Md. Code, Agriculture, Title 2
in effectMd. Code, Agriculture § 2-102
(a) The head of the Department is the Secretary of Agriculture, who shall be appointed by the Governor, with the advice and consent of the Senate.
(b) The Secretary shall receive the salary provided in the State budget. He serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall counsel and advise the Governor on all matters assigned to the Department of Agriculture and is responsible for carrying out the Governor’s policies with respect to these matters. The Secretary shall be responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.
(c) The Secretary, with the approval of the Governor, shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary. The deputy secretary serves at the pleasure of the Secretary and shall receive the salary provided in the State budget.
(d) (1) (i) The Secretary also shall have within the Department assistants, professional consultants, and employees as provided in the State budget.
(ii) Assistants in charge of areas of responsibility and professional consultants shall be in the executive service, management service, or special appointments in the State Personnel Management System and shall serve at the pleasure of the Secretary.
(iii) Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval.
(2) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article.
(3) The Secretary may delegate the authority to appoint and remove personnel of any unit to the administrator of the unit.
(e) (1) Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, an individual who owns or operates a farm that is subject to the regulatory authority of the Department may be employed within the Department, if the individual, with respect to the farm activities of the individual’s farm, does not exercise any regulatory or supervisory authority in the individual’s capacity as an employee of the Department.
(2) The Department, in consultation with the State Ethics Commission, shall adopt regulations to govern conflicts of interest with respect to employment of individuals who own or operate a farm under this subsection.
Md. Code, Agriculture § 2-103
(a) The Secretary is responsible for the budget of his office and for the budgets of positions and units within the Department.
(b) The Secretary may adopt rules and regulations to carry out the provisions of this article. He is responsible for adopting and reviewing rules and regulations for the Department.
(c) The Secretary may create any advisory unit of any size he deems appropriate. At least one member of the Maryland Agricultural Commission shall be included on each advisory unit.
(d) The office of Secretary shall have a seal to authenticate copies of records or papers of the Department.
(e) The Secretary is responsible for coordination and direction of comprehensive planning facilities initiated by his office. In addition, he shall keep himself fully appraised of plans, proposals, and projects of each position and unit within the Department, and may approve, disapprove, or modify any of them.
(f) In addition to the meetings of any unit within the Department provided for by law or called by the chairman of the unit, the Secretary may call a meeting of any unit for the consideration of any subject which he considers necessary and proper, whenever he deems it appropriate.
(g) Every position or unit within the Department shall report to the Secretary as provided in written directives adopted by the Secretary.
(h) The Secretary may exercise or perform any power, duty, responsibility, or function which any position or unit within the Department may exercise or perform, except those vested by law in the Maryland Agricultural Commission. The Secretary has general supervision, direction, and control of the provisions of this article and generally of all matters in any way affecting or relating to the fostering, protection, and development of the agricultural interests of the State.
Md. Code, Agriculture § 2-103.1
§2–103.1.
(a) The Secretary may establish a farm quarantine and issue appropriate orders necessary to control or restrict the use of farmland, crops, livestock, poultry, or a farm product existing on a farm that:
(1) Has been exposed to or contaminated by a radiological or chemical toxic material or agent; or
(2) Is infected or infested with a disease, pest, or pathogen.
(b) Before establishing a quarantine for a farm, the Secretary shall consult with the Governor, the Secretary of Health, and the Secretary of the Environment on issues of human health and the environment.
(c) Before a quarantine or order issued under this section takes effect, the Secretary shall give reasonable notice of the quarantine or order:
(1) In a newspaper of general circulation in the quarantine area;
(2) Through television or radio serving the quarantine area;
(3) By circulating notices or posting signs at conspicuous places in the quarantine area; or
(4) By notifying each landowner, tenant, or animal owner of the quarantine or order.
(d) (1) The Secretary shall establish procedures to allow a landowner, tenant, or animal owner to request the amendment, rescission, or termination of a quarantine or order issued under this section.
(2) A request to amend, rescind, or terminate a quarantine or order issued under this section may not suspend a quarantine or order of the Secretary.
(e) For the purpose of controlling or restricting the use of farmland, crops, livestock, poultry, or farm products as provided by this section, the Secretary may:
(1) Quarantine a farm area of the State known or reasonably believed to contain a farm product, crops, livestock, poultry, or farmland in an infected, infested, or contaminated condition;
(2) Regulate the movement, distribution, sale, or transportation of a crop, livestock, poultry, or farm product when it is reasonably likely to transfer infestation, infection, or contamination;
(3) Regulate or prohibit the on–farm grazing of livestock and poultry, slaughter and processing of livestock and poultry, packing of eggs, and harvesting or planting of a crop in a quarantined area when the Secretary determines that the action may prevent, limit, control, or eradicate any threat;
(4) Direct as part of a quarantine order for a quarantined farm area, treatments or decontamination;
(5) Enter private land that is part of a farm operation to inspect, sample, or test soil or crops, livestock, poultry, or a farm product on a farm; and
(6) Direct the treatment, stop–sale, detention, condemnation, seizure, or destruction of any crop, livestock, poultry, or farm product when the Secretary knows or reasonably believes that the action is necessary to control, retard, or eradicate a threat on a farm.
(f) A person may not resist the application of a quarantine or order of the Secretary.
(g) A person may not conceal the fact that a farm has been exposed to or contaminated by any radiological or chemical agent or toxic material or has been infected or infested with any disease, pest, or pathogen.
(h) Any farm quarantine or order by the Secretary under this section may provide for:
(1) The imposition of a civil penalty not exceeding $10,000 for each violation; and
(2) The method and conditions of collecting the civil penalty.
(i) (1) The Secretary may bring an action for an injunction against a person violating the provisions of this section, or violating a valid order or farm quarantine issued by the Secretary.
(2) In an action for an injunction brought under this section, a finding of the Secretary after a hearing shall be prima facie evidence of each fact found.
(3) On a showing by the Secretary that a person is violating or is about to violate the provisions of this section or is violating or is about to violate any valid order or quarantine issued by the Secretary, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law.
(4) In circumstances of an emergency creating conditions of imminent danger to agriculture, public health and safety, or the environment, the Secretary may institute an action for an immediate injunction to halt any activity causing the danger.
(5) An injunction instituted under this section shall be issued without bond.
(j) The Secretary may order any sheriff, deputy sheriff, or other law enforcement officer of the State or of any county to provide information or assist in the execution or enforcement of any farm quarantine or order of the Secretary.
(k) Nothing in this section shall be construed to limit any authority of the Secretary of the Environment under § 8–105 of the Environment Article.
Md. Code, Agriculture § 2-103.2
§2–103.2.
(a) The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any farm to conduct any inspection required or authorized by law to determine compliance with the provisions relating to the control and restriction of farmland, crops, livestock, poultry, or farm products, exposed to or contaminated by any radiological or chemical toxic material or agent or infected or infested with any disease or pest.
(b) (1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.
(2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section, and a statement to this effect shall be included as part of the application.
(c) A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:
(1) The applicant has sought access to the property for the purpose of making an inspection;
(2) (i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, access to the property has been denied; or
(ii) After making a reasonable effort, the applicant has been unable to locate the owner, tenant, or other individual in charge of the property;
(3) The requirements of subsection (b) of this section are met;
(4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and
(5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of any farmland, crops, livestock, poultry, or farm product exposed to or contaminated by any radiological or chemical agent or infected or infested with any disease or pest.
(d) (1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected.
(2) The inspection conducted may not exceed the limits specified in the warrant.
(e) An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine whether the farmland, crops, livestock, poultry, or farm product is contaminated by a radiological or chemical agent or infected or infested with a disease or pest.
(f) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
(1) The time specified in the warrant, not to exceed 30 days; or
(2) If no time period is specified in the warrant, 15 days from the date of issuance of the warrant.
Md. Code, Agriculture § 2-104
(a) The Secretary shall carry out and enforce the provisions of this article.
(b) The Secretary may call upon any sheriff, deputy sheriff, and any law enforcement officer of any county, for information and assistance to carry out and enforce the provisions of this article and the departmental rules and regulations. Every officer shall obey and observe every order and instruction he receives from the Secretary concerning the enforcement of any provision of this article and the departmental rules and regulations within his respective jurisdiction. Each officer shall be paid as for the performance of similar duties under existing laws.
(c) No person may unlawfully assault, resist, oppose, impede, intimidate, interfere, otherwise unlawfully prevent, or attempt to prevent the Secretary in the performance of his duties under this subtitle.
Md. Code, Agriculture § 2-105
The Attorney General is the legal advisor and counsel to the Department. He shall assign to the Department the number of assistant attorneys general authorized by law and necessary to render effective legal advice and counsel. The Attorney General shall designate an assistant attorney general as counsel to the Department. The counsel to the Department shall have no duty other than to render legal advice and counsel as required by the Secretary and other officials of the Department, and to supervise other assistant attorneys general assigned to the Department. The counsel shall perform these duties subject to the control and supervision of the Attorney General. When the Attorney General has designated the counsel to the Department, he may not reassign him without consulting the Secretary. The counsel and other assistant attorneys general shall receive the salary provided in the State budget.
Md. Code, Agriculture § 2-106
(a) The following positions and units are included within the Department:
(1) The Maryland Agricultural Fair Board;
(2) The Chief of Weights and Measures;
(3) The State Chemist;
(4) The State Veterinarian;
(5) The State Board of Veterinary Medical Examiners;
(6) The State Soil Conservation Committee;
(7) The Maryland Agricultural Commission;
(8) The Maryland Horse Industry Board;
(9) The Maryland Winery and Grape Growers’ Advisory Board;
(10) The Seafood Marketing Advisory Commission; and
(11) The State Specialist for Value–Added Agriculture.
(b) The Secretary shall appoint the State Chemist, State Veterinarian, State Specialist for Value–Added Agriculture, and Chief of Weights and Measures.
(c) The Department also includes any other position or unit which is declared within the Department pursuant to law.
Md. Code, Agriculture § 2-107
Every rule, regulation, form, order, and directive adopted by or in effect for any position or unit assigned to the Department, or for any abolished position or unit whose functions have been transferred to the Department remains in effect until changed by the Secretary or any other official authorized to change them. Every reference in this Code, any other State law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document of or to any unit which is abolished and whose function has been transferred to the Department, means the Department. The duties, powers, and responsibilities of the position or unit become the duties, powers, and responsibilities of the Secretary.
Md. Code, Agriculture § 2-201
(a) In this subtitle, “Commission” means the Maryland Agricultural Commission established under § 2–202 of this subtitle.
(b) It is the intent of the General Assembly in the enactment of this subtitle to provide for a broadened representation in policy determinations with regard to agricultural matters in the State.
Md. Code, Agriculture § 2-202
(a) There is a Maryland Agricultural Commission in the Department.
(b) The Commission shall formulate and make proposals for the advancement of Maryland agriculture by serving as an advisory body to the Secretary on matters pertaining to agriculture.
Md. Code, Agriculture § 2-203
(a) The Commission consists of:
(1) One member who is ex officio and is the principal administrative official for agricultural affairs at the University System of Maryland as designated by the Chancellor of the University; and
(2) The following members appointed by the Governor:
(i) One representative of the dairy industry;
(ii) One representative of the poultry industry;
(iii) One representative of the livestock industry;
(iv) One representative of the nursery, landscape, and greenhouse industry;
(v) One representative of the fruit industry;
(vi) One representative of the field crops industry;
(vii) One representative of the vegetable industry;
(viii) One representative of the veterinary profession;
(ix) One representative of the Maryland State Grange;
(x) One representative of the Maryland Farm Bureau;
(xi) One representative of services related to agriculture;
(xii) One representative of the turf industry;
(xiii) One representative of the equine industry;
(xiv) One representative of the food processing industry;
(xv) One representative of the general public to be the consumer member;
(xvi) One representative of the organic farming industry;
(xvii) One representative of direct farm marketing;
(xviii) One representative of viticulture;
(xix) One representative of agriculture education in primary or secondary schools;
(xx) One representative of agri–business;
(xxi) One representative of the forestry industry;
(xxii) One representative of the aquaculture industry;
(xxiii) One representative of value–added agriculture and agritourism;
(xxiv) One representative of the biofuel industry;
(xxv) One representative of the hemp industry;
(xxvi) One representative of the controlled environmental agriculture industry;
(xxvii) One representative of socially disadvantaged farmers;
(xxviii) One representative of veteran farmers;
(xxix) One representative of the Committee on Young Farmers;
(xxx) One representative of urban and small farmers; and
(xxxi) One representative of new and beginning farmers.
(b) (1) The consumer member of the Commission:
(i) Shall be a member of the general public;
(ii) May not be involved in any way with the activities on which the Commission advises the Secretary; and
(iii) May not, within 1 year before appointment, have had a financial interest in or have received compensation from a person who is involved in any way with the activities on which the Commission advises the Secretary.
(2) While a member of the Commission, the consumer member may not have a financial interest in or receive compensation from a person who is involved in any way with the activities on which the Commission advises the Secretary.
(c) (1) The term of membership is 3 years.
(2) A person may not serve more than two consecutive terms.
Md. Code, Agriculture § 2-204
(a) The Commission may elect from among its appointed members a chairman, vice-chairman, secretary, and other officers it deems appropriate. The officers have the duties and responsibilities usually incumbent upon these officers.
(b) The Commission shall meet every month, unless by majority vote it decides otherwise. The Commission also shall meet when called by the Secretary.
(c) The Commission shall employ a full-time executive secretary whose minimum duties shall be to carry out the work of the Commission, and to assist the Secretary in the promotion of the agricultural industry. He shall maintain an office in the City of Annapolis. The Commission, with the approval of the Secretary, shall determine the salary of the executive secretary.
(d) All salaries and expenses for rent, stenographic and clerical help, stationery, postage, and miscellaneous office materials necessary for the work of the Commission and executive secretary shall be provided in the State budget. The members of the Commission may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other business of the Commission.
Md. Code, Agriculture § 2-205
The Commission shall submit its recommendations in writing, to the Secretary who shall notify the Commission of the action he takes on the recommendations.
Md. Code, Agriculture § 2-206
(a) In this section, “Committee” means the Committee on Young Farmers.
(b) There is a Committee on Young Farmers.
(c) (1) The Committee consists of 10 members designated by the Secretary in consultation with the Executive Secretary of the Maryland Agricultural Commission.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Secretary shall designate the members of the Committee on an annual basis.
(ii) A member of the Committee that is appointed as a member of the Maryland Agricultural Commission may continue to serve on the Committee until the expiration of their term on the Maryland Agricultural Commission.
(d) (1) Each member of the Committee shall:
(i) Be interested in the preservation and development of Maryland agriculture;
(ii) Derive at least 50% of the member’s personal income from farming or agricultural activities in the State;
(iii) Be a resident of the State; and
(iv) Be under the age of 45 years at the beginning of the member’s term.
(2) To the extent practicable, the members of the Committee shall represent regional diversity and a variety of industries.
(e) The Committee shall:
(1) Communicate to the general public, State government, and the Maryland Agricultural Commission the importance of young and beginning farmers to agriculture in the State;
(2) Identify and address issues relating to young and beginning farmers in the State and make recommendations to the Maryland Agricultural Commission; and
(3) Hold meetings at least once during each calendar quarter of the year.
(f) A member of the Committee:
(1) May not receive compensation; but
(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(g) The Department shall provide staff for the Committee.
Md. Code, Agriculture § 2-301
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the State Board of Veterinary Medical Examiners.
(b–1) “Compounded nonsterile preparations” has the meaning stated in § 12–101 of the Health Occupations Article.
(b–2) “Compounded sterile preparations” has the meaning stated in § 12–101 of the Health Occupations Article.
(b–3) “Convicted” includes:
(1) A finding of guilt by a court or a jury; and
(2) The acceptance by a court of a defendant’s plea of guilty, nolo contendere, or Alford plea.
(b–4) (1) “Declawing procedure” means:
(i) An onychectomy, a dactylectomy, a phalangectomy, or any other procedure that removes a portion of the paw or digit of an animal in order to remove a claw;
(ii) A tendonectomy or any other procedure that cuts or modifies the tendon of the limb, paw, or digit of an animal in order to prohibit the extension of a claw; or
(iii) Any procedure that prevents the normal functioning of one or more claws of an animal.
(2) “Declawing procedure” does not include nail filing, nail trimming, or the placement of temporary nail caps on one or more claws of an animal.
(c) “Direct supervision” means that the supervising veterinarian who is licensed and registered in the State:
(1) Is on the premises of the animal treatment facility;
(2) Is available on an immediate basis; and
(3) Has given written or oral instructions for treatment of the animal patients involved.
(c–1) “Immediate supervision” means the supervising veterinarian who is licensed and registered in the State is in the immediate area and within audible and visual range of the animal patient and the person treating the patient.
(c–2) “Indirect supervision” means the supervising veterinarian who is licensed and registered in the State:
(1) Is not required to be in the same facility or in close proximity to the individual being supervised; and
(2) (i) Has given written or oral instructions for treatment of the animal patient involved;
(ii) Is available to provide supervision by electronic or telephonic means; and
(iii) Has arranged for telephonic consultation with a licensed veterinarian, if necessary.
(d) “License” means a license to practice veterinary medicine in the State.
(e) “Member” means a member of the State Board of Veterinary Medical Examiners.
(f) “Practice of veterinary medicine” includes the practice by any person who:
(1) Diagnoses, advises, prescribes, or administers a drug, medicine, biological product, appliance, application, or treatment of any nature, for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of an animal;
(2) Performs a surgical operation, including cosmetic surgery, upon any animal;
(3) Performs dentistry on any animal;
(4) Performs any manual procedure upon an animal for the diagnosis or treatment of sterility or infertility of the animal;
(5) Represents himself as engaged in the practice of veterinary medicine;
(6) Offers, undertakes, or holds himself out as being able to diagnose, treat, operate, vaccinate, or prescribe for any animal disease, pain, injury, deformity, or physical condition; or
(7) Uses any words, letters, or titles in connection or under circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. This use is prima facie evidence of the intention to represent himself as engaged in the practice of veterinary medicine.
(g) “Practice of veterinary medicine” does not include or apply to:
(1) Any person practicing veterinary medicine in the performance of civil or military official duties in the service of the United States or of the State;
(2) Experimentation and scientific research of biological chemists or technicians engaged in the study and development of methods and techniques, directly or indirectly related or applicable to the problems of the practice of veterinary medicine;
(3) A person who advises with respect to or performs acts which the Board, by rule or regulation, has prescribed as accepted management practices in connection with livestock production;
(4) A physician licensed to practice medicine in the State or to his assistant while engaged in educational research;
(5) A person administering to the ills and injuries of his own animals if they otherwise comply with all laws, rules and regulations relative to the use of medicines and biologics;
(6) A farrier or a person actively engaged in the art or profession of horseshoeing as long as his actions are limited to the art of horseshoeing or trimming and maintaining horse hooves;
(7) Any nurse, attendant, technician, intern, or other employee of a licensed and registered veterinarian when administering medication or rendering auxiliary or supporting assistance under the responsible direct supervision of a licensed and registered veterinarian;
(8) A person who floats (files) equine teeth or removes caps;
(9) A person who scales or cleans animal teeth;
(10) A registered veterinary technician when performing a procedure in accordance with § 2–309.1 of this subtitle;
(11) A person practicing acupuncture in accordance with the principles of oriental medical theories if the person:
(i) Is licensed under Title 1A of the Health Occupations Article;
(ii) Is certified as an animal acupuncturist by the Board of Acupuncture;
(iii) Practices only acupuncture, acupressure, and moxibustion;
(iv) Cooperates and consults with a veterinary practitioner by:
1. Beginning acupuncture treatment on an animal only if the animal has been seen by a veterinary practitioner within the previous 14 days;
2. Adhering to the terms and conditions of treatment decided by the veterinary practitioner, including the degree of communication and collaboration between the veterinary practitioner and the person practicing acupuncture;
3. Reporting to the veterinary practitioner at the end of treatment or at monthly intervals, at the discretion of the veterinary practitioner; and
4. Not working on an animal for which the person has not been appropriately trained, in accordance with regulations adopted by the Board of Acupuncture; and
(v) Has successfully completed a specialty training program in animal acupuncture that:
1. Is approved by the Board of Acupuncture;
2. Is offered by a school holding nationally recognized accreditation;
3. Consists of at least 135 hours; and
4. Enables the person to:
A. Design effective treatments of animals based on traditional acupuncture theories and principles, including appropriate knowledge of functional animal anatomy and physiology;
B. Handle and restrain animals to the extent appropriate in the practice of acupuncture;
C. Demonstrate sufficient knowledge of animal diseases and zoonoses that would require the immediate attention of a veterinary practitioner; and
D. Communicate effectively with a veterinary practitioner;
(12) A veterinarian licensed in another jurisdiction while consulting with a veterinary practitioner in this State; or
(13) A student of veterinary medicine practicing veterinary medicine who has successfully completed 3 years of veterinary education at an institution approved by the Board and who works under the responsible direct supervision, as defined by the Board, of a veterinary practitioner.
(g–1) (1) “Therapeutic purpose” means to address a physical or medical condition that compromises the health or well–being of an animal.
(2) “Therapeutic purpose” does not include cosmetic or aesthetic reasons or reasons of convenience in the keeping or handling of the animal.
(h) “Veterinarian” means any person who is a graduate of a college of veterinary medicine.
(h–1) “Veterinary assistant” means a person who:
(1) Aids a veterinarian or veterinary technician in patient care; and
(2) Is not registered with the Board as a veterinary technician.
(i) “Veterinary practitioner” means a licensed and registered veterinarian engaged in the practice of veterinary medicine.
(j) (1) “Veterinary technician” means a person who is registered with the Board as a veterinary technician.
(2) “Veterinary technician” includes a veterinary nurse.
Md. Code, Agriculture § 2-302
(a) There is a State Board of Veterinary Medical Examiners in the Department.
(b) The Board has seven members, five of whom:
(1) Are licensed and registered veterinarians of the State;
(2) Are residents of the State;
(3) Have engaged in active practice for five years at some time;
(4) Are in good standing; and
(5) Are appointed and qualified.
Of these five veterinarian members, at least two must have their practices predominantly for large animals. Two members of the Board shall not be veterinarians.
(c) The Governor shall appoint the members of the Board with the advice and consent of the Senate. Each appointment shall be made from a list of at least three names for each vacancy submitted to the Governor, or to the Governor-elect, by the Secretary.
(d) Each member serves a term of five years or until his successor is elected and qualified. A member is not eligible to serve for more than two full successive terms except as otherwise provided in this section. If any member ceases legally and physically to reside in the State, his office is vacant.
(e) The Governor shall remove any of the members for misconduct in office, incompetence, immorality, willful neglect of duty, or any cause which is a ground for revocation of a license to practice veterinary medicine in the State. The member may be removed only after reasonable notice and an opportunity for hearing is provided.
Md. Code, Agriculture § 2-302.1
§2–302.1.
(a) In this section, “veterinary review committee” means a committee or board that:
(1) Is within one of the categories described in subsection (b) of this section; and
(2) Performs any of the functions listed in subsection (c) of this section.
(b) For purposes of this section, a veterinary review committee is:
(1) A regulatory board or agency that is established by State or federal law to license, certify, or discipline any veterinary practitioner;
(2) A committee of the Maryland Veterinary Medical Association or any of its component societies; or
(3) Any person who contracts with a veterinary practitioner to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the veterinary practitioner.
(c) For purposes of this section, a veterinary review committee has the following powers and duties:
(1) To evaluate and seek to improve the quality of veterinary care that is provided by veterinary practitioners;
(2) To evaluate the need for and the level of performance of veterinary care that is provided by veterinary practitioners; or
(3) To evaluate and provide assistance to any veterinary practitioner who is in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(d) Except as otherwise provided in the section, the proceedings, records, and files of a veterinary review committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the veterinary review committee.
(e) Subsection (d) of this section does not apply to:
(1) A civil action brought by a party who claims to be aggrieved by a decision of the veterinary review committee; or
(2) Any record or document that:
(i) Is considered by a veterinary review committee; and
(ii) Otherwise would be subject to discovery and introduction into evidence in a civil trial.
(f) A person who acts in good faith and within the scope of jurisdiction of a veterinary review committee is not civilly liable for:
(1) Any action as a member of the veterinary review committee; or
(2) Giving information to, participating in, or contributing to the function of the veterinary review committee.
Md. Code, Agriculture § 2-303
(a) There is a State Board of Veterinary Medical Examiners Fund.
(b) (1) The Board shall set reasonable fees necessary to carry out its responsibilities under this subtitle.
(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board as provided in subsection (e) of this section.
(c) The Board shall publish in its rules and regulations the fees that it sets.
(d) (1) The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.
(2) The Comptroller shall distribute the fees received from the Board to the Board of Veterinary Medical Examiners Fund.
(e) (1) The Board of Veterinary Medical Examiners Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this title.
(2) (i) The Board of Veterinary Medical Examiners Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.
(ii) Any unspent portions of the Board of Veterinary Medical Examiners Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Board of Veterinary Medical Examiners Fund to be used for the purposes specified in this title.
(f) (1) The chairman of the Board or the designee of the chairman shall administer the Board of Veterinary Medical Examiners Fund.
(2) Money in the Board of Veterinary Medical Examiners Fund may be expended only for any lawful purpose authorized by the provisions of this title.
(g) The Legislative Auditor shall audit the accounts and transactions of the Board of Veterinary Medical Examiners Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Agriculture § 2-304
(a) The Board may:
(1) Adopt rules and regulations to effectuate this subtitle;
(2) Engage additional employees for professional, clerical, and special work as necessary and as provided in the State budget;
(3) Subpoena any witness to take his testimony;
(4) Require production of books, papers, records, and other documentary evidence, and examine them in relation to any matter which the Board may investigate or hear; and
(5) Establish reasonable standards for the practice of veterinary medicine, including conduct and ethics.
(b) Members or their designated inspectors may enter veterinary facilities at any reasonable hour to enforce the Board rules and regulations.
(c) The Board shall maintain an office within the State and a telephone number listed for use by the general public.
(d) The Board shall inspect every veterinary hospital facility in the State at least once every 2 years.
(e) On or before December 31 each year, the Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the Board’s disciplinary activities for the previous fiscal year.
Md. Code, Agriculture § 2-304.1
§2–304.1.
(a) As used in this subtitle, “veterinary hospital” means any building or portion of a building which is regularly used for the treatment of animals by a veterinary practitioner.
(b) Every veterinary hospital shall be licensed by the Board. The Board shall set the annual license fee in accordance with § 2-303(b) of this subtitle. The license shall be applied for and issued to the owner of the hospital.
(c) The Board may reject an application, or suspend or revoke the license for failure to maintain the facility properly. The rejection, suspension, or revocation shall be in accordance with the procedures set out in § 2-311 of this subtitle.
Md. Code, Agriculture § 2-305
(a) In this section, “animal control facility” means a humane society, as defined in § 10–601 of the Criminal Law Article, or a county or municipal designated animal shelter.
(b) The Board, on terms and conditions satisfactory to the Board, may issue a license to an animal control facility to allow the animal control facility to administer:
(1) Drugs needed to sedate, euthanize, or sedate and euthanize animals; and
(2) Rabies vaccines in accordance with § 18–313 of the Health – General Article.
(c) (1) (i) The owner of an animal control facility shall apply for the license.
(ii) The Board shall issue a license in the name of the owner of an animal control facility.
(2) The application shall designate one individual at the facility responsible for the drugs and rabies vaccines.
(3) The annual license fee is $100.
(d) In accordance with procedures set out in § 2–311 of this subtitle, the Board may:
(1) Reject an application for a license; or
(2) Suspend or revoke a license for failure to comply with the Board’s regulations.
(e) An animal control facility licensed under this section shall comply with the Board’s requirements relating to employee training.
(f) A member of the Board, or the Board’s designated inspector, may enter an animal control facility licensed under this section at any reasonable hour to enforce the Board’s regulations.
(g) In consultation with the Maryland Department of Health, the Board shall adopt regulations necessary to carry out this section.
Md. Code, Agriculture § 2-305.1
§2–305.1.
(a) (1) The Board may authorize the practice of a health occupation on an animal by a health care practitioner licensed, certified, or otherwise authorized under the Health Occupations Article.
(2) If the Board authorizes the practice of a health occupation on an animal under paragraph (1) of this subsection, the Board may:
(i) Impose requirements for education, training, and supervision by a veterinary practitioner; and
(ii) Require the registration of each health care practitioner authorized to practice a health occupation on an animal in accordance with this subsection.
(b) The Board shall establish an expedited process to authorize a veterinary practitioner who holds a current, valid license to practice veterinary medicine in another state or jurisdiction to become licensed to practice veterinary medicine in the State.
Md. Code, Agriculture § 2-306
(a) (1) The Board has the exclusive power to establish and alter the standards of preliminary and professional education and training requirements of applicants for the examination for a license.
(2) The Board may establish an annual continuing education requirement of at least 12 hours as a condition to any license renewal.
(b) The Board may investigate and determine the acceptability of and approve or disapprove any college or institution for the education and training of students desiring to practice veterinary medicine. It may cancel or revoke approval if the college or institution no longer is deemed satisfactory. However, the approval of the American Veterinary Medical Association of a college or institution is sufficient to qualify the college or institution. Any veterinarian desiring to be licensed to practice veterinary medicine shall have completed the course of study prescribed by an approved college or institution.
Md. Code, Agriculture § 2-307
(a) The Board shall prescribe the subject, character, manner, time, and place for every written examination, and the procedure for filing applications for the examination. It shall conduct the written examination so that the identity of the applicant is not known to the Board until the examination is graded. The Board shall make a written report of every examination and preserve it in the Board office for three years.
(b) An applicant for the examination shall pay a fee set by the Board to the Board secretary at the time he files his application.
(c) The Board shall issue a license to, and annually register, any person who:
(1) Passes the examination;
(2) Is of good moral character; and
(3) Has a diploma from an approved college or institution conferring upon him the degree of Doctor of Veterinary Medicine.
Md. Code, Agriculture § 2-307.1
§2–307.1.
(a) In reviewing an application for licensure of a veterinarian or in investigating any matter brought against a veterinary practitioner, the Board may direct the applicant, veterinarian, or veterinary practitioner to submit to a mental or physical examination when the Board has reasonable evidence indicating the inability of that individual to practice veterinary medicine competently.
(b) In return for the privilege given by the State in issuing a license or registration, the applicant, veterinarian, or veterinary practitioner is deemed to have:
(1) Consented to submit to an examination under this section if directed by the Board in writing; and
(2) Waived any claim of privilege as to the examination report or testimony regarding the report.
(c) The report or testimony of an examining physician or other person designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.
(d) The unreasonable failure or refusal of an applicant, a veterinarian, or a veterinary practitioner to submit to an examination is prima facie evidence of the applicant’s, veterinarian’s, or veterinary practitioner’s inability to practice veterinary medicine competently unless the Board finds that the failure or refusal was beyond the control of the applicant, veterinarian, or veterinary practitioner.
(e) The Board shall pay the reasonable cost of any examination made under this section.
Md. Code, Agriculture § 2-308
(a) In order to enforce this subtitle and aid in the prosecution of any violation, every licensee who practices veterinary medicine in the State shall register annually with the Board.
(b) Every licensee annually shall pay the Board a registration fee set by the Board for the privilege of continuing his license.
Md. Code, Agriculture § 2-309
(a) A person may register with the Board as a veterinary technician.
(b) (1) There is a Veterinary Technician Committee under the Board’s jurisdiction. The Committee consists of 7 members who are appointed by the Board, subject to the approval of the Secretary. The Board shall determine the qualifications and term of each member.
(2) Each member of the Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.
(c) The Committee, subject to the Board’s approval shall:
(1) Evaluate, examine, and determine the qualifications for applicants for registration as a veterinary technician;
(2) Recommend to the Board the subject, scope, form, date, time, and location for each examination;
(3) Establish continuing education requirements for veterinary technicians;
(4) Define the duties and responsibilities of registered veterinary technicians;
(5) Recommend to the Board reasonable rules and regulations to carry out the provisions of this section; and
(6) Generally assist the Board in registering and regulating veterinary technicians.
(d) To apply for registration, an applicant shall:
(1) Submit an application to the Board on the form the Board requires; and
(2) Pay to the Board an application fee set by the Board.
(e) The Board shall register any applicant who:
(1) Meets the requirements of this section;
(2) Meets the Board’s educational requirements;
(3) Passes a Board approved examination;
(4) Is of good moral character; and
(5) Is at least 18 years old.
(f) A registration is issued for a term of 3 years and expires on June 30 of the third year after the date issued unless the registration is renewed as provided in this section.
(g) The Board shall renew the registration of any applicant for an additional 3-year term if the applicant:
(1) Submits a renewal application on the form that the Board requires;
(2) Pays to the Board a renewal fee set by the Board;
(3) Complies with the Board’s continuing education requirements; and
(4) Otherwise is entitled to be registered.
(h) In accordance with the hearing provisions of § 2-311 of this subtitle, the Board may refuse to register an applicant, suspend or revoke the registration, or reprimand and censure, or place on probation any veterinary technician, if the veterinary technician:
(1) Practices veterinary medicine except as permitted under this subtitle;
(2) Fraudulently or deceptively obtains a registration;
(3) Is professionally, physically, or mentally incompetent;
(4) Is convicted of a felony or a crime involving moral turpitude;
(5) Is convicted of a violation of any federal or State law relating to narcotic drugs;
(6) Is grossly negligent or deliberately cruel to an animal;
(7) Violates any provisions of this subtitle; or
(8) Is determined by the Board to be incompetent as a veterinary technician.
Md. Code, Agriculture § 2-309.1
§2–309.1.
(a) A veterinary assistant may perform the following tasks under the direct supervision of a veterinary practitioner or veterinary technician under the direct supervision of a veterinary practitioner:
(1) Obtaining and monitoring vitals on a nonanesthetized patient;
(2) Radiographs;
(3) Dental prophylaxis;
(4) Nail trims;
(5) Educating on basic topics;
(6) Administering medications;
(7) Husbandry;
(8) Collecting blood, urine, and fecal samples;
(9) Aseptic techniques;
(10) Setup for surgery and other procedures;
(11) Low–stress handling and restraint;
(12) Microchip insertion; and
(13) Any other skill that is noninvasive, as defined by the Board, and within the veterinary assistant’s skills as determined by the supervising veterinary practitioner.
(b) A veterinary assistant may perform the following tasks under the immediate supervision of a veterinary practitioner or veterinary technician:
(1) Set up of anesthesia; and
(2) Anesthesia monitoring.
(c) Subject to subsection (e) of this section, a veterinary technician may perform the following procedures under the direct supervision of a veterinary practitioner:
(1) Inducing anesthesia by intramuscular injection, inhalation, or intravenous injection;
(2) Simple dental extractions of loose teeth that do not involve flaps or tooth sectioning;
(3) Basic suturing skills, including:
(i) Suturing of existing surgical skin or gingival incisions; and
(ii) Suture and staple removal;
(4) Accessing a small working stock of Schedule II drugs under separate lock and filling prescriptions;
(5) Cytology;
(6) Administering vaccines, excluding rabies vaccines unless otherwise authorized by law;
(7) Phlebotomy, blood typing, and monitoring blood product transfusion;
(8) Urinary and intravenous catheter care;
(9) Cystocentesis;
(10) Gastric and tracheal intubation;
(11) Medication and fluid therapy calculations;
(12) Basic life support in cardiopulmonary resuscitation;
(13) Ophthalmological testing;
(14) Fine needle aspirates; and
(15) Any other procedure authorized by regulations adopted by the Board.
(d) A veterinary technician may perform a procedure listed under subsection (a)(1) through (13) of this section under the indirect supervision of a veterinary practitioner if the veterinary practitioner determines the veterinary technician is qualified to perform the procedure.
(e) A veterinary technician may not:
(1) Make any diagnosis or prognosis;
(2) Prescribe any treatments, drugs, medications, or appliances; or
(3) Perform surgery.
(f) Under emergency conditions only, a veterinary technician may perform the following procedures before a veterinary practitioner’s initial examination of an animal:
(1) Life support care, including basic and advanced cardiopulmonary resuscitation; and
(2) Any other procedure authorized by regulations adopted by the Board.
(g) (1) At the discretion of the veterinary practitioner, a veterinary technician employed at an animal emergency hospital, as defined in regulations adopted by the Board, may perform euthanasia on an animal if the animal is unable to be saved by supportive care, first aid, or life support measures.
(2) A veterinary technician who works in or for an animal shelter, as defined in § 2–1701 of this title, may perform euthanasia on an animal at the animal shelter.
Md. Code, Agriculture § 2-310
The Board may refuse, suspend, or revoke any application or license, and censure or place on probation any licensee after a hearing, if the veterinarian or veterinary practitioner:
(1) Is unable to practice veterinary medicine competently due to a physical or mental disability;
(2) Is convicted of a violation of any federal or State law relating to prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812;
(3) Is convicted of a felony, or of a crime involving moral turpitude;
(4) Is convicted of violating any provision of this subtitle, any unlawful or fraudulent practice, or any fraudulent, misleading, or deceptive representation or advertising concerning his professional qualifications or the quality of materials or drugs used by him in his professional work or in the treatment of animals;
(5) Has a final judgment entered against him in a civil malpractice case involving gross personal negligence;
(6) Obtains the license by fraud or misrepresentation, either in the application, or in passing the examination;
(7) Is guilty of employing or permitting to practice veterinary medicine any person who does not hold a license to practice veterinary medicine in the State;
(8) Fails to comply with Board rules or regulations after receiving a license;
(9) Is grossly negligent or deliberately cruel to an animal;
(10) Is determined by four members to be professionally incompetent as a veterinary practitioner;
(11) Is disciplined by a licensing authority of another state, including the suspension or revocation of a license to practice veterinary medicine, for an act that would be grounds for disciplinary action under this section;
(12) Fails to comply with animal cruelty or animal fighting reporting requirements under § 2–313.1 of this subtitle; or
(13) Willfully violates the cat declawing prohibition under § 2–313.3 of this subtitle.
Md. Code, Agriculture § 2-310.1
§2–310.1.
(a) In lieu of or in addition to suspension of the license, the Board may impose a penalty of not more than $5,000 for a first offense.
(b) In addition to revocation of the license, the Board may impose a penalty of not more than $5,000 for a first offense.
(c) In addition to suspension or revocation of the license, the Board may impose a penalty of not more than $10,000 for a second or subsequent offense.
(d) Penalties collected by the Board under this section shall be paid into the General Fund of the State.
(e) The Board shall establish such rules and regulations as are necessary to carry out the provisions of this section.
Md. Code, Agriculture § 2-311
(a) Before any license is suspended or revoked, the Board shall give the licensee at least ten days written notice of the time and place of the hearing. Notice shall be given by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, addressed to the post–office address shown on the annual registration or in other information the Board possesses.
(b) A copy of the charges shall be furnished the licensee and he shall be afforded an opportunity to be heard personally and to be represented by counsel before the Board. The licensee shall have the opportunity to confront witnesses against him.
(c) Every witness at the hearing shall testify under oath. The chairman or any member may administer the oath. The Board may compel the attendance of witnesses by subpoena.
(d) The Board shall report its action in writing, stating the reasons for the action. A copy shall be delivered or mailed to the person against whom the complaint is made.
(e) The licensee may appeal to the circuit court of the county where the licensee has an office. The court shall hear and determine all matters connected with the action of the Board from which appeal is taken in accordance with the Administrative Procedure Act.
(f) The licensee and the Board may appeal from the decision of the circuit court to the Appellate Court of Maryland, subject to the time and manner provided for the taking of an appeal to this Court.
Md. Code, Agriculture § 2-312
At any time within two years from the date of revocation of any license, the Board, by the affirmative vote of four members, may issue without examination a new license to any person whose license was revoked. After the expiration of two years, the person may obtain a license only by compliance with the same requirements which are imposed by this subtitle on other license applicants.
Md. Code, Agriculture § 2-313
(a) (1) This subsection does not apply to an act or omission in giving emergency veterinary aid, care, or assistance for which a person may not be held civilly liable under § 5–614 of the Courts Article.
(2) A person may not:
(i) Practice veterinary medicine unless the person is licensed, registered, and authorized to engage in the practice under the provisions of this subtitle;
(ii) Practice veterinary medicine under a name other than the one on the person’s license and registration, or induce any person to so practice in violation of this subtitle;
(iii) Practice veterinary medicine unless the person’s license and registration are displayed in the person’s regularly established office and place of practice;
(iv) Own, maintain, conduct, operate, or manage a veterinary office, veterinary dental office, veterinary hospital, or a dog, cat, or animal hospital, unless:
1. The person is a licensed veterinarian; or
2. The office or hospital is under the direct supervision and control of a licensed and registered veterinarian and a licensed or registered veterinarian is employed in the office or hospital;
(v) Advertise any veterinary office, veterinary dental office, veterinary hospital, or a dog, cat, or animal hospital except in accordance with the rules and regulations of the Board;
(vi) Except as provided in subsections (b) and (c) of this section, practice veterinary medicine and sell or dispense any medication, which is not in the original manufacturer’s container;
(vii) Advertise as a Board registered veterinary technician unless registered with the Board as required by this subtitle; or
(viii) Practice as a veterinary technician unless employed by a veterinary practitioner.
(b) A person may practice veterinary medicine and sell or dispense medication that is not in the original manufacturer’s container if:
(1) The medication is for use by a nonfarm animal as defined in regulations adopted by the Board; and
(2) The person affixes to the container in which the medication is sold or dispensed, a label clearly showing the brand, generic or chemical name and strength, if indicated, of the medication, the type of nonfarm animal for which the medication is designated, and the owner’s last name.
(c) A licensed veterinarian may dispense compounded nonsterile preparations or compounded sterile preparations if:
(1) The compounded nonsterile preparations or compounded sterile preparations are to be used for a nonfarm animal as defined by regulations adopted by the Board that are consistent with State and federal law;
(2) The nonfarm animal is a patient of the licensed veterinarian;
(3) The quantity of the compounded nonsterile preparations or compounded sterile preparations dispensed does not exceed a 7–day supply;
(4) The licensed veterinarian determines that timely access to a compounding pharmacy is not available and that the compounded nonsterile preparations or compounded sterile preparations are not otherwise commercially available;
(5) The compounded nonsterile preparations or compounded sterile preparations are provided to the licensed veterinarian by a pharmacist in accordance with § 12–510 of the Health Occupations Article; and
(6) The compounded nonsterile preparations or compounded sterile preparations are dispensed in a container with a label clearly showing:
(i) The brand, generic or chemical name and strength, if indicated, of the compounded nonsterile preparations or compounded sterile preparations, the type of nonfarm animal for which the compounded nonsterile preparations or compounded sterile preparations are designated, and the owner’s last name; and
(ii) The dispensing date and the expiration date of the compounded nonsterile preparations or compounded sterile preparations.
Md. Code, Agriculture § 2-313.1
§2–313.1.
(a) A veterinary practitioner who has reason to believe that an animal that has been treated by the veterinary practitioner has been subjected to cruelty or fighting in violation of § 10–604, § 10–606, § 10–607, or § 10–608 of the Criminal Law Article shall report the suspected animal cruelty or animal fighting to the appropriate law enforcement agency or county animal control agency in a timely manner.
(b) A veterinary practitioner who makes a report under subsection (a) of this section shall include in the report:
(1) The name, age, and location of the animal;
(2) The name and home address of the owner or custodian of the animal;
(3) The nature and extent of the suspected animal cruelty or animal fighting, including any evidence or information available to the veterinary practitioner concerning possible previous instances of animal cruelty or animal fighting; and
(4) Any other information that would help determine:
(i) The cause of the suspected animal cruelty or animal fighting; and
(ii) The identity of any individual responsible for the suspected animal cruelty or animal fighting.
(c) A veterinary practitioner who reports in good faith suspected animal cruelty or animal fighting or participates in an investigation of suspected animal cruelty or animal fighting is immune from:
(1) Civil liability that results from the report or participation in the investigation; or
(2) Criminal prosecution for the report or participation in the investigation.
(d) The Board shall adopt regulations establishing:
(1) Confidentiality procedures for protecting the identity of the veterinary practitioner making a report under this section;
(2) Confidentiality procedures for protecting the substance of a report made under this section and any records associated with the report; and
(3) Conditions under which the substance of a report may be disclosed.
Md. Code, Agriculture § 2-313.2
§2–313.2.
(a) Subject to subsection (b) of this section and on review and approval of the Secretary or the Secretary’s designee, the Board may issue a cease and desist order against a person who:
(1) Practices, attempts to practice, or offers to practice veterinary medicine in violation of § 2–313(a) of this subtitle; or
(2) Takes an action:
(i) For which the Board determines there is a preponderance of evidence of grounds for discipline under § 2–310 or § 2–313 of this subtitle; or
(ii) That poses a serious risk to the health, safety, and welfare of an animal patient.
(b) (1) In lieu of a cease and desist order under subsection (a) of this section, the Board may impose a civil penalty not exceeding:
(i) $5,000 for a first offense; and
(ii) $10,000 for a second or subsequent offense.
(2) In setting the amount of a civil penalty, the Board shall consider:
(i) The seriousness of the violation;
(ii) The harm caused by the violation;
(iii) The good faith of the violator;
(iv) Any history of previous violations by the violator; and
(v) Any other relevant factors.
(3) Before a civil penalty is imposed under this subsection, the Board shall provide to the person on whom the civil penalty will be imposed notice of the alleged violation and an opportunity for a hearing.
(c) A person against whom a cease and desist order is issued or a civil penalty is imposed under this section may seek review of the order or penalty under the Administrative Procedure Act.
(d) An action for a cease and desist order or a civil penalty imposed under this section is in addition to, and not instead of, disciplinary actions authorized under § 2–310 of this subtitle or an action for injunctive relief under § 2–315 of this subtitle.
(e) (1) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for violations of a cease and desist order.
(2) The sanctions established by regulations adopted under paragraph (1) of this subsection may include a civil penalty consistent with subsection (b) of this section.
(f) The Board shall pay any penalty collected under this section into the General Fund of the State.
Md. Code, Agriculture § 2-313.3
§2–313.3.
(a) Except as provided in subsection (b) of this section, a veterinary practitioner may not perform a declawing procedure on a cat.
(b) A veterinary practitioner may perform a declawing procedure on a cat if the procedure is necessary for a therapeutic purpose.
Md. Code, Agriculture § 2-314
A person licensed by the State of Maryland to provide veterinary care, a student of veterinary medicine who works under the responsible direct supervision of a veterinary practitioner as defined by § 2–301(c) of this subtitle, or a veterinary technician registered by the State under § 2–309 of this subtitle shall have the immunity from liability described under § 5–614 of the Courts and Judicial Proceedings Article.
Md. Code, Agriculture § 2-315
(a) The Board may bring an action for an injunction against a person who violates any provision of this subtitle.
(b) An action for an injunction under this section is in addition to, and not instead of, disciplinary actions taken under § 2-310 of this subtitle or the imposition of civil penalties under § 2-310.1 of this subtitle.
Md. Code, Agriculture § 2-316
The provisions of this subtitle creating the State Board of Veterinary Medical Examiners and relating to the regulation of veterinarians and any regulations promulgated under this subtitle are of no effect and may not be enforced after July 1, 2031.
Md. Code, Agriculture § 2-401
(a) (1) In this section the following words have the meanings indicated.
(2) “Urban area” means an area delineated as an urban area by the U.S. Census Bureau.
(3) “Urban farmer” means an individual who farms in an urban area.
(b) (1) The University of Maryland Extension shall hire an extension agent dedicated to urban farm production methods and crop management.
(2) The agent hired under paragraph (1) of this subsection shall:
(i) Perform applied research on urban farm production methods and crop management; and
(ii) Spend a majority of the agent’s time providing education to urban farmers on urban farm production methods and crop management.
(3) The education provided under paragraph (2)(ii) of this subsection may include:
(i) Planning and scheduling crop planting and harvesting in urban areas, including outdoors, indoors, in greenhouses, and in high tunnel production systems;
(ii) Production management practices for controlled environment agriculture systems;
(iii) Growing trials and production methods for crops grown in urban areas, including specialty crops such as heritage vegetables, ethnic vegetables, herbs, microgreens, and cut flowers;
(iv) Propagation and transplant production;
(v) Training on and certifications for good agricultural practices;
(vi) Training on organic certifications; and
(vii) Any other topic regarding urban farm production methods and crop management that the agent, in consultation with urban farmers and farm service providers located in urban areas, determines is necessary.
(c) (1) The University of Maryland Extension shall hire an extension agent dedicated to urban farm and agribusiness management.
(2) The agent hired under paragraph (1) of this subsection shall:
(i) Perform applied research on urban farm and agribusiness management; and
(ii) Spend a majority of the agent’s time providing and coordinating education for urban farmers on urban farm and agribusiness management.
(3) The education provided under paragraph (2)(ii) of this subsection may include:
(i) Accounting and financial management;
(ii) Identifying potential customers and business development;
(iii) Marketing;
(iv) Human resource management;
(v) Different business types and structures;
(vi) Land acquisition;
(vii) Insurance;
(viii) Licensing and permitting; and
(ix) Any other topic regarding urban farm and agribusiness management that the agent, in consultation with urban farmers and farm service providers located in urban areas, determines is necessary.
(d) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $300,000 to the University of Maryland Extension for the extension agents hired under this section.
Md. Code, Agriculture § 2-501
In this subtitle, “child”:
(1) Means a biological child, an adopted child, or a stepchild; and
(2) Does not include a foster child, a grandchild, or a descendant more remote than a grandchild.
Md. Code, Agriculture § 2-501.1
§2–501.1.
(a) It is the intent of the Maryland General Assembly to preserve agricultural land and woodland in order to:
(1) Provide sources of agricultural products within the State for the citizens of the State;
(2) Control the urban expansion which is consuming the agricultural land and woodland of the State;
(3) Curb the spread of urban blight and deterioration; and
(4) Protect agricultural land and woodland as open–space land.
(b) With respect to woodland preservation under this subtitle, the General Assembly encourages that fair consideration be given to the retention of forest lands that are working landscapes as defined under § 5–101 of the Natural Resources Article.
Md. Code, Agriculture § 2-502
There is a Maryland Agricultural Land Preservation Foundation in the Department. The Foundation has the powers and duties provided in this subtitle.
Md. Code, Agriculture § 2-503
(a) (1) The Maryland Agricultural Land Preservation Foundation shall be governed and administered by a board of trustees composed of:
(i) The Comptroller, the Secretary of Planning, and the Secretary, all of whom shall serve as ex officio members;
(ii) Nine members from the State at–large to be appointed by the Governor, at least six of whom shall be farmer representatives who are engaged in or retired from active farming from different areas of the State, and four of whom shall be appointed as follows:
1. One from a list of three nominees submitted by the Maryland Agricultural Commission;
2. One from a list of three nominees submitted by the Maryland Farm Bureau;
3. One from a list of three nominees submitted by the Maryland State Grange; and
4. One from a list of three nominees submitted by the Committee on Young Farmers; and
(iii) Any designee appointed by an ex officio member under paragraph (3) of this subsection.
(2) Nominees under paragraph (1)(ii)4 of this subsection shall meet the requirements of § 2–1002(d) of this title.
(3) Each ex officio member of the board of trustees may appoint a designee to serve in the member’s place on the board.
(4) The Governor shall appoint the chairman of the board, from among the nine at–large trustees.
(5) A majority of the members of the board serving at any one time constitutes a quorum for the transaction of business.
(6) Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, a person may be appointed to and serve on the board as an at–large member even if prior to the appointment the person sold an easement in the person’s agricultural land to the Foundation.
(b) (1) The term of any trustee at–large serving on the board shall expire on July 1, 1977. The Governor then shall appoint trustees at–large for the following terms:
(i) Three for a term of four years;
(ii) Three for a term of three years; and
(iii) Three for a term of two years.
(2) In appointing members at–large to replace members whose terms expire on July 1, 1977, the Governor may appoint members serving as of July 1, 1977. Thereafter, successors to trustees at–large whose terms expire shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term. A trustee at–large may not serve more than two successive terms. Appointment to fill a vacancy may not be considered as one of two terms.
(c) Trustees at–large shall take the oath of office as prescribed by law.
(d) Compensation may not be paid to any trustee. Each trustee shall be reimbursed for travel and other expenses incurred by him in the performance of his duties on behalf of the Foundation.
Md. Code, Agriculture § 2-504
The Maryland Agricultural Land Preservation Foundation has the following general powers:
(1) To sue and be sued in contractual matters in its own name;
(2) To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes;
(3) To acquire, by gift, purchase, devise, bequest or grant, easements in gross or other rights to restrict the use of agricultural land and woodland as may be designated to maintain the character of the land as agricultural land or woodland;
(4) To acquire and hold, by gift, purchase, devise, bequest or grant, real and personal property, or any interest therein, to carry out the legislative intent of preserving prime agricultural land and woodland and conserving, improving, administering, investing, or disposing of any property to further the purposes of the Critical Farms Program under this subtitle;
(5) To adopt, with the approval of the Secretary, regulations and procedures necessary to implement the provisions of this subtitle; and
(6) To promote the dissemination of information to farmers throughout the State concerning the activities of the Foundation.
Md. Code, Agriculture § 2-504.1
§2–504.1.
(a) In each county containing productive agricultural land, the county governing body shall appoint an agricultural preservation advisory board.
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be owner–operators of commercial farms who earn 50 percent or more of their income from farming.
(2) In Worcester County, the agricultural preservation advisory board shall consist of seven members, at least four of whom shall be owner–operators of commercial farms who earn 50 percent or more of their income from farming.
(3) In St. Mary’s County, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be actively pursuing the production of agricultural products for profit.
(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, each member of an agricultural preservation advisory board shall be appointed for a term of office of 5 years.
(2) In Charles County and in Worcester County, a member shall serve a term of office of 4 years.
(3) In Howard County, a member shall serve a term of office of 3 years.
(4) No member shall serve for more than two consecutive full terms.
(5) Appointment to fill a vacancy shall be for the remainder of the unexpired term.
(d) Duties of each agricultural preservation advisory board shall be:
(1) To advise the county governing body with respect to the approval of purchases of easements by the Foundation within the county;
(2) To assist the county governing body in reviewing the status of land under easement;
(3) To advise the Foundation concerning county priorities for agricultural preservation;
(4) To approve or disapprove an application by the county for certification or recertification under § 5–408 of the State Finance and Procurement Article;
(5) To promote preservation of agriculture within the county by offering information and assistance to farmers with respect to the purchase of easements;
(6) To meet at least annually with forest conservation district boards in order to work cooperatively to encourage the promotion and retention of farmland and woodland in their respective jurisdictions; and
(7) To perform any other duties as assigned by the county governing body.
Md. Code, Agriculture § 2-505
(a) The Maryland Agricultural Land Preservation Fund is created and continued for:
(1) The purposes specified in this subtitle; and
(2) Accelerating the restoration of the Chesapeake Bay and Atlantic Coastal Bays and their watersheds.
(b) The Maryland Agricultural Land Preservation Fund shall comprise:
(1) Any money made available to the Fund by general or special fund appropriations;
(2) Any money made available to the Fund by grants or transfers from governmental or private sources; and
(3) Any money received under § 2–513(c) of this subtitle.
(c) (1) The Comptroller of the Treasury may not disburse any money from the Maryland Agricultural Land Preservation Fund other than:
(i) For costs associated with the staffing and administration of the Maryland Agricultural Land Preservation Foundation;
(ii) For reasonable expenses incurred by the members of the board of trustees of the Maryland Agricultural Land Preservation Foundation in the performance of official duties;
(iii) For consideration in the purchase of agricultural land preservation easements beginning with fiscal year 1979 and each fiscal year thereafter, including targeted acquisitions of easements obtained in conjunction with actions and projects under Title 8, Subtitle 2B of the Natural Resources Article;
(iv) For costs associated with acquisition of agricultural land preservation easements approved by the Foundation through the Critical Farms Program, as provided in § 2–517 of this subtitle;
(v) For the reimbursement of money paid by a landowner for a preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with paragraph (5) of this subsection; and
(vi) In a manner consistent with the purposes specified in items (i) through (v) of this paragraph, to provide funding for the Whole Watershed Fund established under § 8–2B–03 of the Natural Resources Article, including for projects that occur on land subject to an agricultural land preservation easement.
(2) The Maryland Agricultural Land Preservation Foundation may provide grants to the Maryland Agricultural and Resource–Based Industry Development Corporation, subject to conditions jointly agreed upon by the Foundation and the Corporation, to facilitate:
(i) An installment purchase agreement program; or
(ii) The funding of the Next Generation Farmland Acquisition Program.
(3) The Maryland Agricultural Land Preservation Foundation may provide grants to counties to facilitate:
(i) The Critical Farms Program, as provided in § 2–517 of this subtitle, subject to conditions jointly agreed upon by the Foundation and the county;
(ii) The purchase of easements under a county installment purchase agreement program approved by the Foundation, as provided in § 2–510.1 of this subtitle; and
(iii) The payment of the principal of and interest on bonds issued by a county for the sole purpose of purchasing agricultural land preservation easements that meet the requirements of this subtitle, subject to conditions jointly agreed upon by the Foundation and the county.
(4) Grants provided by the Maryland Agricultural Land Preservation Foundation may not be:
(i) Used to fund county land preservation programs; or
(ii) Pledged to secure county–issued bonds.
(5) (i) Subject to the prior approval of the board of trustees of the Maryland Agricultural Land Preservation Foundation and in accordance with regulations adopted by the Department, the Maryland Agricultural Land Preservation Foundation may reimburse money paid into the Maryland Agricultural Land Preservation Fund by a landowner for a lot that had been preliminarily released under § 2–513(b)(2) of this subtitle for the purpose of constructing a dwelling house for a landowner or the child of the landowner.
(ii) In the sole discretion of the Maryland Agricultural Land Preservation Foundation, the person for whom the lot was preliminarily released, the person who originally paid for the preliminary release, or another appropriate person may be reimbursed the amount paid to the Fund under § 2–513(b)(2)(iii) of this subtitle if:
1. A dwelling has not been constructed on the lot;
2. A request for reimbursement is made before the preliminary release becomes void under § 2–513(b)(2) of this subtitle;
3. Before reimbursement and at the expense of the owner of the land under the easement:
A. The lot is conveyed to the owner free and clear of liens;
B. Any recorded plat creating the lot is voided;
C. The lot is added to the tax account assigned to the land encumbered by the easement; and
D. The preliminary release is voided by an agreement recorded in the land records; and
4. At least one of the following circumstances exists:
A. The Foundation has received notice that title to the lot has been transferred under a bona fide foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure;
B. The Foundation has received notice that the landowner or child of the landowner for whom the lot was preliminarily released has died; or
C. Any other circumstance in which the Maryland Agricultural Land Preservation Foundation determines that it would be impossible for the landowner or child of the landowner for whom the lot was preliminarily released to fulfill the requirements of the preliminary release.
(d) Any money remaining in the Fund at the end of a fiscal year may not revert to the general funds of the State, but shall remain in the Maryland Agricultural Land Preservation Fund to be used for the purposes specified in this subtitle. It is the intent of the General Assembly that, to the extent feasible, the Foundation utilize the full amount of money available for the purchase of easements in any fiscal year so as to minimize the amount of money remaining in the Fund at the end of any fiscal year.
(e) If a portion of a local subdivision’s allocation of Program Open Space funds is transferred to the Maryland Agricultural Land Preservation Fund pursuant to the provisions of § 5–903 of the Natural Resources Article, the Foundation may utilize such transferred funds only for purchases of easements on land located within the boundaries of the subdivision which requested the transfer of funds. Such transferred open space funds shall be available in addition to any funds which would otherwise be allotted under this subtitle for purchases of easements in the county which requested the transfer of funds; and at the discretion of the local governing body, such transferred open space funds may be used for general purchases, or applied as the local contribution in matching purchases as required in §§ 2–508(a)(5) and 2–512(b)(1) of this subtitle.
(f) Money in the Fund from the sale of tax–exempt general obligation bonds may not be used:
(1) To purchase easements under:
(i) An installment purchase agreement, as provided in § 2–510(k)(3) of this subtitle;
(ii) A schedule of installments financed with certificates of deposit, as provided in § 2–510(k)(2) of this subtitle; or
(iii) The Critical Farms Program, as provided in § 2–517 of this subtitle; or
(2) For the payment of the principal of and interest on bonds issued by a county in accordance with subsection (c) of this section.
(g) The estimated budget of the Foundation for the next fiscal year shall be included with the budget of the Department.
(h) The Fund is subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
(i) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $16,564,469 to the Fund.
Md. Code, Agriculture § 2-506
The Foundation on or before January 15 of each year, shall transmit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly a report of the Foundation’s proceedings and activity for the preceding fiscal year, including an inventory of all easements or other interests in agricultural land and woodland acquired during that time, and including a report on the condition of the Maryland Agricultural Land Preservation Fund.
Md. Code, Agriculture § 2-507
The Maryland Agricultural Land Preservation Foundation shall employ an executive director and staff sufficient to carry out the purposes of this subtitle. The executive director shall be appointed by the Secretary upon recommendation of the board of trustees at-large. The salaries of the executive director and staff shall be as provided in the State budget.
Md. Code, Agriculture § 2-508
(a) (1) For purposes of this subtitle the following words have the meanings indicated.
(2) “Allotted purchases” means general or matching purchases made pursuant to offers to buy tendered by the Foundation on or before January 31 of any fiscal year.
(3) “County” means any county containing productive agricultural land which is being actively farmed and which meets the criteria for land for which easements may be purchased.
(4) “Eligible county” means a county as defined in paragraph (3) of this subsection which has secured approval from the Foundation for a local agricultural land preservation program.
(5) “General purchases of easements” means purchases of agricultural land preservation easements under this subtitle in which the governing body of the county in which the land is located is not required to make a contribution to the Maryland Agricultural Land Preservation Fund.
(6) “Matching purchases of easements” means purchases of agricultural land preservation easements under this subtitle in which the governing body of the county in which the land is located is required to make a contribution to the Maryland Agricultural Land Preservation Fund of an amount equal to at least 40 percent of the value of the easement for each such purchase.
(7) “Total amount to be allotted” means the amount, as certified by the Comptroller, which remains in the Maryland Agricultural Land Preservation Fund at the beginning of the fiscal year after payment of all expenses of the Foundation and the board of trustees during the previous fiscal year as specified in § 2–505(c)(1) and (2) of this subtitle, and after subtraction of funds committed for payment as consideration for easements purchased during previous fiscal years, and after subtraction of any money remaining in the Fund as a result of a transfer of local Program Open Space funds made pursuant to § 5–903 of the Natural Resources Article.
(b) Beginning with fiscal year 1979, and in each fiscal year thereafter, the Foundation shall determine the maximum amount which may be expended for allotted purchases of easements on land located within each county. The maximum amount which may be expended for allotted purchases of easements in any county in any fiscal year shall be:
(1) An amount, to be used for general allotted purchases, equal to one twenty–third of one half of the total amount to be allotted; and
(2) An amount, to be used for matching allotted purchases, which shall be computed for each eligible county by dividing one half of the total amount to be allotted equally among those counties having an approved program. The maximum amount available from the Foundation for the Foundation’s share in matching allotted purchases may not exceed $2,000,000 in any county in any fiscal year.
(c) If the Foundation receives acceptances of offers to buy in insufficient numbers to expend the total amount to be allotted for allotted purchases, the Foundation, to the extent feasible, shall tender additional offers to buy in sufficient numbers to expend the total amount to be allotted. Any such additional offers to buy shall be tendered:
(1) To landowners who have applied to sell easements on land which was otherwise acceptable, but who had not received an offer to buy solely because of limitations on the amount of money to be spent for allotted purchases;
(2) To applicants on a statewide basis as provided by the priority ranking system established under § 2–510(f) of this subtitle; and
(3) Only after the expiration of the period allowed for acceptance of offers to buy under allotted general and matching purchases.
(d) In prioritizing an application to sell an easement, a local governing body shall consider whether the land drains into a reservoir in the State.
Md. Code, Agriculture § 2-508.1
§2–508.1.
(a) If a county is certified by the Department of Planning under § 5–408 of the State Finance and Procurement Article as having established an effective county agricultural land preservation program, and if there is money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year, the county may apply to the Foundation for an amount equal to the difference between:
(1) The aggregate amount allotted on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made; and
(2) The amount committed by the Foundation on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made.
(b) The distribution under this section shall be made within 60 days of the end of each fiscal year.
(c) If the money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year is insufficient to distribute the total amount applied for under subsection (a) of this section, the maximum amount that may be distributed to any certified county is:
(1) The total sum available divided by the number of counties applying for additional funds under this section; less
(2) The amount committed by the Foundation on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made.
(d) A county may use the additional funds distributed under this section only for an approved agricultural land preservation program for the purposes stated under § 2–512 of this subtitle, including use for bond annuity funds, collateralizing loans, or matching funds.
Md. Code, Agriculture § 2-509
(a) (1) The Foundation shall follow the provisions under this section for the easement application process.
(2) The Foundation shall adopt regulations and procedures for:
(i) Evaluation of land for which application is made to sell an easement; and
(ii) Purchase of easements, including the purchase of easements under an installment purchase agreement.
(b) Regulations and procedures adopted by the Foundation for the purchase of easements shall provide that:
(1) One or more owners of land actively devoted to agricultural use may file an application with the county governing body requesting the purchase of an easement by the Foundation on the land owned by the applicants. The application shall include maps and descriptions of the current use of land for the proposed easement, and any other information required by the Foundation to evaluate the land for purchase of an easement.
(2) Upon receipt of an application to purchase an easement the local governing body shall refer the application and accompanying materials both to the agricultural preservation advisory board and to the county planning and zoning body.
(i) After the referral of an application, the agricultural preservation advisory board shall advise the county governing body as to whether or not the land for the proposed easement meets the qualifications established by the Foundation under subsection (d) of this section, and whether or not the advisory board recommends the purchase of the easement.
(ii) In making its recommendation, the county agricultural preservation advisory board shall:
1. Take into consideration criteria and standards established by the Foundation under this subtitle, current local regulations, local patterns of land development, the kinds of development pressures currently existing on the land for the proposed easement, State smart growth goals, and any locally established priorities for the preservation of agricultural land; and
2. Recommend for ranking any application that qualifies and meets the priorities established by the county governing body for the preservation of agricultural land.
(iii) After the referral of an application, the county planning and zoning body shall advise the local governing body as to whether or not the purchase of the easement is compatible with existing and approved county plans and overall county policy, and whether or not the planning and zoning body recommends the purchase of the easement.
(3) If either the agricultural preservation advisory board or the planning and zoning body recommends approval, the county governing body shall hold a public hearing on the application for the proposed easement. Adequate notice of the hearing shall be given to all owners whose land would be encumbered by the proposed easement and all owners whose land is contiguous to the land for the proposed easement.
(4) In deciding whether to approve the application, the county governing body shall receive the recommendation of the county agricultural preservation advisory board established under § 2–504.1 of this subtitle.
(5) (i) After the receipt of the application and the recommendations of the agricultural preservation advisory board and the county planning and zoning body, the county governing body shall render a decision as to whether or not the application shall be recommended to the Foundation for approval.
(ii) If the county governing body decides to recommend approval of the application, it shall notify the Foundation and forward to the Foundation:
1. The application and all accompanying materials, including the recommendations of the advisory board and county planning and zoning body;
2. A ranking of all applications based on:
A. The county governing body’s locally established priorities as approved by the Foundation, which for purposes of enhancing competitive bidding may include a system that ranks properties in ascending order with respect to the proportion obtained by dividing the asking price by the value of the easement; and
B. Guidelines adopted by the Foundation under subsection (d) of this section; and
3. A statement of the total current development rights on the land for the proposed easement, which shall include the total number of development rights that have been subdivided or transferred.
(iii) If the county governing body recommends denial of the application, it shall inform the Foundation and the applicants.
(c) Regulations and procedures adopted by the Foundation for the purchase and monitoring of easements may not require, in Garrett County or Allegany County, a natural gas rights owner or lessee to subordinate its interest to the Foundation’s interest if the Foundation determines that exercise of the natural gas rights will not interfere with an agricultural operation conducted on land subject to an easement.
(d) Regulations and criteria developed by the Foundation relating to land which may be considered for purchase of an easement shall provide that:
(1) Subject to item (2) of this subsection, land shall meet productivity, acreage, and locational criteria determined by the Foundation to be necessary for the continuation of farming;
(2) As long as all other criteria are met, land that is at least 50 acres in size or is contiguous to other permanently preserved land shall qualify for purchase of an easement;
(3) The Foundation shall attempt to preserve the minimum number of acres which may reasonably be expected to promote the continued availability of agricultural suppliers and markets for agricultural goods;
(4) Land within the boundaries of a 10–year water and sewer service district may be considered for purchase of an easement only if that land is outstanding in productivity and is of significant size;
(5) Land may be considered for purchase of an easement only if the county regulations governing the land permit the activities listed under § 2–513(a) of this subtitle; and
(6) Land be evaluated for:
(i) Location in a priority preservation area of the county;
(ii) Soil and other land characteristics associated with agricultural and silvicultural productivity;
(iii) Agricultural and silvicultural production and contribution to the agricultural and silvicultural economy; and
(iv) Any other unique county considerations that support the goals of the program.
Md. Code, Agriculture § 2-509.1
§2–509.1.
(a) Effective July 1, 2007, districts may not be a requirement for the easement application process to the Foundation.
(b) (1) Except as provided in paragraph (2) of this subsection, as of June 30, 2012, all districts held by the Foundation shall be terminated and a landowner may not be bound to the terms of any Foundation district agreement.
(2) The following agricultural land preservation districts shall remain in force and may not be terminated:
(i) Any district in which an easement has been transferred to the Foundation; and
(ii) Any district established to provide a property tax credit to a landowner.
Md. Code, Agriculture § 2-510
(a) An owner of agricultural land whose application to sell an easement has been approved by the county under this subtitle may sell an easement to the Foundation on the contiguous acreage of the agricultural land, subject to the requirements of this subtitle and regulations of the Foundation.
(b) In order to be considered by the Foundation, an application to sell shall:
(1) Be received by the board at a time the board determines for the fiscal year in which the application is to be considered;
(2) Include an asking price at which the owner is willing to sell an easement; and
(3) Include a complete description of the land for the proposed easement.
(c) The board shall determine the maximum number of applications that it will accept from each county in each offer cycle.
(d) (1) Within 30 days after the receipt of an application from the county governing body, the Foundation shall notify the landowner and the county governing body of the receipt and sufficiency of the application.
(2) If the original application is insufficient, the Foundation shall specify the reason for insufficiency, and the Foundation shall grant an additional 30 days for the landowner to remedy the insufficiency.
(3) If the application is made sufficient within 30 days of the notification by the Foundation, the application shall be considered as if it had originally been submitted in a timely and sufficient manner.
(e) (1) If the application is submitted to the Foundation prior to county approval, then within 60 days of the notification of sufficiency of the application, the county governing body shall advise the Foundation as to the county’s approval or disapproval of the application.
(2) The Foundation shall grant a 30–day extension of this approval period if the county governing body applies to the Foundation for an extension and states its reasons for seeking an extension.
(f) (1) In determining which applications it shall approve for the purchase of the easements offered for sale in each fiscal year under this section, the Foundation:
(i) May approve only those applications in which the subject land meets the criteria and standards established under §§ 2–509 and 2–513 of this subtitle;
(ii) Except as provided in subparagraph (iii) of this paragraph, review the applications and submit offers to buy at the beginning of each offer cycle based on the approved priorities established by each eligible county for the preservation of agricultural land; and
(iii) For applications competing on a statewide basis following the initial round of offers, shall rank the applications and submit offers to buy in order of priority, as provided in paragraph (2) of this subsection.
(2) The Foundation shall adopt by regulation a standard priority ranking system for additional offers to buy by which it shall rank each application. The system shall be based on the following criteria as to the easements offered in any one county:
(i) The applications shall be assigned a rank in ascending order with respect to the proportion obtained by dividing the asking price by the State easement value. The resulting rank shall be the sole criterion for establishing the priority for discounted applications that include proportions of 1.0 or lower.
(ii) All additional applications which include proportions greater than 1.0 shall be assigned a numerical value that, in regard to the land for which the easement is offered, reflects:
1. The relative productive capacity of the land;
2. The extent to which the easement acquisition will contribute to the continued availability of agricultural suppliers and markets for agricultural goods; and
3. The priority recommendations of the local governing bodies.
(g) The Foundation may approve general allotted purchases of easements in a county not to exceed in aggregate value the amount allotted for that county under § 2–508(b) of this subtitle for the fiscal year in which such purchases are made, plus any amount of transferred local open space funds designated by the local governing body for general purchases.
(h) The Foundation may approve matching allotted purchases of easements in an eligible county such that the Foundation’s share will not exceed in aggregate value the amount allotted for that county under § 2–508(b) of this subtitle for that fiscal year.
(i) (1) On approval of a majority of the board members at–large, and on the recommendation of the Secretary, an application to sell shall be approved, and an offer to buy containing the specific terms of the purchase shall be tendered to the landowner.
(2) An offer to buy may specify terms, contingencies, and conditions not contained in the original application.
(j) (1) With respect to additional offers to buy tendered under § 2–508(c) of this subtitle, the Foundation may not tender such offers earlier than 30 days after the completion of allotted offers to buy in each offer cycle.
(2) A landowner has 30 days from the date of any offer to buy in which to accept or reject the offer.
(k) (1) (i) At the time of settlement of the purchase of an easement, the landowner and the Foundation may agree on and establish a schedule of payment such that the landowner may receive consideration for the easement in a lump sum, in installments over a period of up to 10 years from the date of settlement, or as provided in an installment purchase agreement under paragraph (3) of this subsection.
(ii) At the time of settlement, the Foundation shall notify in writing each landowner who sells an agricultural easement to the Foundation of the schedule of anticipated ranges of interest rates to be paid on any unpaid balance after the date of settlement.
(2) (i) If a schedule of installments is agreed on, the Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount of money sufficient to pay the landowner according to the schedule.
(ii) 1. The landowner shall receive interest on any unpaid balance remaining after the date of settlement.
2. The State Treasurer shall invest the unpaid balance remaining after the date of settlement in a certificate or certificates of deposit at the maximum interest rate offered by a bank servicing the State or at such other institutions which pay the maximum interest rates payable on time and savings deposits at federally insured commercial banks selected by the Treasurer, to mature in accordance with an agreed on schedule of installments as provided in this section.
3. Any interest earned on the invested unpaid balance shall be paid with the installment when due, less 1/4 of 1 percent.
(3) (i) The Foundation may pay the landowner according to a schedule, up to a maximum term of 15 years, established in an installment purchase agreement.
(ii) The installment purchase agreement shall:
1. Require that the Foundation make annual equal payments to the landowner of interest on the outstanding balance of the purchase price;
2. Require that the Foundation pay the landowner the remainder of the purchase price at the end of the term;
3. State the total amount of money the Foundation will pay the landowner, the interest rate, and the terms of the agreement; and
4. Require that the easement be recorded within 30 days of settlement.
(l) (1) After the Foundation has expended allotted funds for a fiscal year in offers to purchase, the Foundation shall notify all landowners whose applications had been rejected during that fiscal year. The Foundation shall specify the reasons for that rejection.
(2) A landowner who rejects an offer from the Foundation to purchase an easement on the same land during two consecutive years, for a reason other than insufficient Foundation funds, may not reapply to sell an easement on the same land for the following two consecutive years.
(m) Notwithstanding any other provision of law, for each offer cycle as provided in this section, records relating to a landowner’s ranking, asking price, or Foundation offer shall be confidential and not subject to public inspection until after the end of the cycle, as determined by the Foundation.
Md. Code, Agriculture § 2-510.1
§2–510.1.
(a) The Foundation may make a grant to purchase an easement on a property selected by the Foundation to a county with a program, approved by the Foundation, to purchase easements using installment purchase agreements.
(b) The Foundation may only approve a county’s installment purchase program if the program is used to purchase easements using installment purchase agreements that:
(1) Require the county to make annual equal payments to the landowner of interest on the outstanding balance of the purchase price;
(2) Require that the county pay the landowner the remainder of the purchase price at the end of the term;
(3) State the total amount of money the county will pay the landowner, the interest rate, and the terms of the agreement; and
(4) Require that the easement be recorded within 30 days of settlement.
(c) An easement purchased using a grant provided under this section shall be jointly held by the county and the Foundation.
(d) An easement purchased using a grant provided under this section may not terminate.
Md. Code, Agriculture § 2-511
(a) Except as provided in subsection (e) of this section, the maximum value of any easement to be purchased shall be the asking price or the difference between the fair market value of the land and the agricultural value of the land, whichever is lower.
(b) The fair market value of the land is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if the property was not subject to any restriction imposed under this subtitle.
(c) The agricultural value of land is the price as of the valuation date which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property as a farm unit, to be used for agricultural purposes.
(d) (1) (i) Subject to subparagraph (ii) of this paragraph, the value of the easement is determined at the time the Foundation is requested in writing to purchase the easement.
(ii) The Foundation may use a fair market value determined in accordance with this section for up to 2 years after the date on which the Foundation was first requested in writing to purchase the easement.
(iii) The fair market value shall be determined by the Department of General Services based on one or more appraisals by the State appraisers, and appraisals, if any, of the landowner.
(iv) The entire contiguous acreage shall be included in the determination of the value of the easement, less 1 acre per single dwelling; however, except as provided in § 2–513(b)(2) of this subtitle, the entire contiguous acreage, including the 1 acre per single dwelling, is subject to the easement restrictions.
(2) (i) Subject to subparagraph (ii) of this paragraph, the agricultural value of land shall be determined by a formula approved by the Department that measures the farm productivity of the land on which the applicant has applied to sell an easement by taking into consideration weighted factors that may include rents, location, soil types, development pressure, interest rates, and potential agricultural use.
(ii) The agricultural value determined under subparagraph (i) of this paragraph is subject to the approval of the Department.
(e) (1) Notwithstanding the provisions of this section, and except as provided in paragraph (2) of this subsection, the Foundation may not purchase an easement for more than 75% or less than 25% of the fair market value of the land.
(2) The Foundation may purchase an easement for less than 25% of the fair market value of the land if the owner’s asking price is less than 25% of the fair market value of the land.
(f) (1) If the landowner and the Foundation do not agree on the value of the easement as determined by the State, either the landowner or the Foundation may request, no later than September 30 of the year following the determination of the value, that the matter be referred to the property tax assessment appeal board as provided under § 3–107 of the Tax – Property Article, for arbitration as to the value of the easement.
(2) The value determined by that arbitration shall be binding upon the owner and the Foundation in a purchase of the easement made subsequent to the arbitration for a period of 2 years, unless the landowner and the Foundation agree upon a lesser value or the landowner or the Foundation appeals the results of the arbitration to the Maryland Tax Court, and either party may further appeal from the Tax Court as provided in § 13–532 of the Tax – General Article.
Md. Code, Agriculture § 2-512
(a) The Foundation may not approve matching allotted purchases of easements for land located in any county which has not secured approval from the Foundation for a local program of agricultural land preservation.
(b) The Foundation may approve a local program of agricultural land preservation on request of a county, provided that:
(1) The county shall agree to make payments up to a specified aggregate amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent of the value of any easement acquired by the Foundation as a result of a matching allotted purchase, made during the ensuing fiscal year; and
(2) The county shall show evidence that any county program for the acquisition of agricultural land for preservation, or easements for purposes of preservation of agricultural land, will not result in preservation of land which does not meet the minimum standards set by the Foundation under § 2–509 of this subtitle; and
(3) The request for approval of a local program must be submitted to the Foundation, together with any necessary agreements not later than 90 days prior to the beginning of the fiscal year for which approval is being sought.
(c) Approval of a local program by the Foundation is valid only during the next fiscal year following the fiscal year of the request for approval by the county.
(d) Local programs shall be approved on the affirmative vote of a majority of the Foundation members at–large, and on approval of the Secretary.
(e) (1) In this subsection, “development rights” means the potential for improvement of a parcel of real property that is measured in dwelling units or units of commercial or industrial space and that exist because of the zoning classification of the parcel.
(2) A county shall use that county’s unencumbered and uncommitted matching funds and any additional funds under § 2–508.1 of this subtitle available to a county certified by the Department of Planning and the Foundation under § 5–408 of the State Finance and Procurement Article to purchase development rights and guarantee loans that are collateralized by development rights for agricultural land that meets the minimum standards set by the Foundation under § 2–509(d) of this subtitle, except as provided in paragraph (3) of this subsection.
(3) For a county certified by the Department of Planning and the Foundation under § 5–408 of the State Finance and Procurement Article, in lieu of any acreage requirement set by the Foundation under § 2–509(d) of this subtitle, development rights purchased by or collateralizing loans guaranteed by a county under this subsection shall be for agricultural land of significant size to promote an agricultural operation.
(4) This subsection may not be construed to prohibit any county from accepting funds from private sources and using those private funds to purchase development rights or guarantee loans that are collateralized by development rights.
Md. Code, Agriculture § 2-513
(a) Agricultural land preservation easements may be purchased under this subtitle for any land in agricultural use which meets the minimum criteria established under § 2–509 of this subtitle if the easement and county regulations governing the use of the land include the following provisions:
(1) Any farm use of land is permitted.
(2) Operation at any time of any machinery used in farm production or the primary processing of agricultural products is permitted.
(3) All normal agricultural operations performed in accordance with good husbandry practices which do not cause bodily injury or directly endanger human health are permitted including, but not limited to, sale of farm products produced on the farm where such sales are made.
(b) (1) A landowner whose land is subject to an easement may not use the land for any commercial, industrial, or residential purpose except:
(i) As determined by the Foundation, for farm– and forest–related uses and home occupations; or
(ii) As otherwise provided under this section.
(2) Except as provided in paragraphs (3) and (7) of this subsection, on written application, the Foundation shall release free of easement restrictions only for the landowner who originally sold an easement, 1 acre or less for the purpose of constructing a dwelling house for the use only of that landowner or child of the landowner, up to a maximum of three lots, subject to the following conditions:
(i) The number of lots allowed to be released under this section, except as provided in paragraph (7) of this subsection, may not exceed:
1. 1 lot if the size of the easement property is 20 acres or more but fewer than 70 acres;
2. 2 lots if the size of the easement property is 70 acres or more but fewer than 120 acres; or
3. 3 lots if the size of the easement property is 120 acres or more.
(ii) The resulting density on the property may not exceed the density allowed under zoning of the property before the Foundation purchased the easement.
(iii) The landowner shall pay the State for any acre or portion released at the price per acre that the State paid the owner for the easement.
(iv) If the release is to be issued for a child of the landowner, the child must be at least 18 years of age at the date that the preliminary release is issued.
(v) Before any conveyance or release, the landowner and the child, if there is a conveyance to a child, shall agree not to subdivide further for residential purposes any acreage allowed to be released. The agreement shall be recorded among the land records where the land is located and shall bind all future owners.
(vi) After certifying that the landowner or child of the landowner has met the conditions provided in subparagraphs (i) through (v) of this paragraph, the Foundation shall issue a preliminary release which shall:
1. Become final when the Foundation receives and certifies a nontransferable building permit in the name of the landowner or child of the landowner for construction of a dwelling house;
2. Become void upon the death of the person for whose benefit the release was intended if the Foundation has not yet received a building permit as provided in this subparagraph; or
3. Unless extended by a majority vote of the Foundation Board of Trustees, become void if a nontransferable building permit in the name of the landowner or child of the landowner is not received by the Foundation within 3 years of the date of recordation of the preliminary release.
(vii) Any release or preliminary release issued under this paragraph shall include:
1. A statement of the conditions under which it was issued, a certification by the Foundation that all necessary conditions for release or preliminary release have been met, and copies of any pertinent documents;
2. A statement by the landowner or child of the landowner that acknowledges that:
A. Adjacent farmland that is subject to an agricultural land preservation easement may be used for any agricultural purpose and may interfere with the use and enjoyment of the property through noise, odor, vibration, fumes, dust, glare, or other interference;
B. There is no recourse against the effects of any normal agricultural operation performed in accordance with good husbandry practices;
C. The landowner’s or child’s lot may not be transferred for 5 years from the date of the final release, except on:
I. Approval by the Foundation; or
II. Notwithstanding any conditions on transfers imposed under item 1 of this subparagraph, a lender providing notice to the Foundation of a transfer pursuant to a bona fide foreclosure of a mortgage or deed of trust or to a deed in lieu of foreclosure;
D. If the lot is not used for the person or purpose for which it was released for the 5–year period, the Foundation may require the lot owner to reconvey the lot to the owner of the land encumbered by the easement from which it was released and subject the lot to the restrictions of the easement; and
E. Acknowledgments made under items A, B, C, and D of this item are binding to any successor or assign of the landowner or child.
(viii) Any release, preliminary release, building permit, or other document issued or submitted in accordance with this paragraph shall be recorded among the land records where the land is located and shall bind all future owners.
(ix) The Foundation may not restrict the ability of a landowner who originally sold an easement to acquire a release under this paragraph beyond the requirements provided in this section.
(x) The Foundation may require evidence it deems sufficient to ensure that the persons for whom the lots are released occupy the dwellings located on the lots for the 5–year period.
(3) A landowner may reserve the right to exclude 1 unrestricted lot from an easement in lieu of all owner’s and children’s lots to which the landowner would otherwise be entitled under paragraph (2) of this subsection, subject to the following conditions:
(i) The resulting density on the property shall be less than the density allowed under zoning of the property before the Foundation purchased the easement;
(ii) An unrestricted lot may be subdivided by the landowner from the easement and sold to anyone to construct one residential dwelling;
(iii) The size of an unrestricted lot shall be 1 acre or less, except as provided in paragraph (7) of this subsection;
(iv) The landowner shall agree not to subdivide further for residential purposes any acreage allowed to be released, and the agreement shall be recorded among the land records where the land is located and shall bind all future owners;
(v) The right to the lot is taken into consideration in the appraisal of fair market value and determination of easement value;
(vi) The lot can be subdivided at any time and the location of the lot to be subdivided is subject to the approval of the local agricultural advisory board and the Foundation; and
(vii) If the property is transferred before the right to exclude the lot has been exercised, the right may be transferred with the property.
(4) (i) Subject to the approval of the Foundation, and based on a showing of a current compelling need, a landowner may construct housing for tenants fully engaged in operation of the farm.
(ii) Construction may not exceed 1 tenant house per 100 acres, unless the Foundation grants an exception based on a showing of compelling need.
(iii) The land on which a tenant house is constructed may not be subdivided or conveyed to any person. In addition, the tenant house may not be conveyed separately from the original parcel.
(iv) The Foundation shall adopt regulations to:
1. Establish criteria for a landowner to show the basis of a current compelling need to construct a tenant house; and
2. Establish the size and location of tenant houses.
(5) (i) After obtaining approval for the construction of a tenant house under paragraph (4) of this subsection, a landowner may, instead of constructing a new tenant house, convert an existing dwelling house into a tenant house and construct one replacement dwelling house restricted to the landowner’s own use, subject to the conditions provided under subparagraph (ii) of this paragraph.
(ii) 1. Before a replacement dwelling house may be constructed under this subsection, the landowner shall:
A. Obtain the Foundation’s approval; and
B. Execute an agreement with the Foundation to prohibit the replacement dwelling house from being separately conveyed from the original parcel.
2. The agreement required under subsubparagraph 1 of this subparagraph shall be recorded among the land records in the county where the land upon which the replacement dwelling house is to be located and shall bind future owners of the land.
3. The size and location of a replacement dwelling house constructed in accordance with this paragraph shall be subject to the Foundation’s approval.
4. A replacement dwelling house constructed in accordance with this paragraph shall be treated as a relocated existing dwelling house as described in paragraph (8) of this subsection, but is exempt from the requirements under paragraph (8)(ii) of this subsection.
(iii) The Foundation shall adopt regulations to establish the size and location of replacement dwelling houses.
(6) Except as provided in paragraph (7) of this subsection, on request to the Foundation, an owner may exclude from the easement restrictions 1 acre per each single dwelling, which existed at the time of the sale of the easement, as an owner’s, children’s, or unrestricted lot to which the owner is entitled under paragraph (2) of this subsection, by a land survey and recordation provided at the expense of the owner. However, before any exclusion is granted, an owner shall agree with the Foundation not to subdivide further for residential purposes any acreage allowed to be released. This agreement shall be recorded among the land records where the land is located and shall bind all future owners.
(7) (i) The restrictions of paragraphs (2) and (6) of this subsection concerning maximum lot sizes are altered so that the maximum lot size is:
1. As determined by the Department of the Environment in accordance with regulations adopted by the Department of the Environment in areas where there is less than 4 feet of unsaturated and unconsolidated soil material below the bottom of an on–site sewage disposal system or in areas located within 2,500 feet of the normal water level of an existing or proposed water supply reservoir; or
2. Up to a maximum of 2 acres when regulations adopted by the jurisdiction in which the land is situated require that a lot for a dwelling house be larger than 1 acre.
(ii) For exclusions provided under paragraph (6) of this subsection, the landowner shall pay the State for any acre or portion released in excess of the 1 acre per single dwelling that existed at the time of easement.
(8) The Foundation may approve a landowner’s request to relocate the site of an existing dwelling to another location on a farm subject to an easement, provided:
(i) The new location does not interfere with any agricultural use; and
(ii) Subject to the Foundation’s approval, the landowner agrees either to demolish the existing dwelling at the current location or permanently convert the existing dwelling at the current location to a use that is nonresidential and integral to the farm operation.
(9) (i) The Foundation may enter into corrective easements with landowners in order to:
1. Adjust boundary lines;
2. Resolve easement violations; or
3. Accommodate a plan that the Foundation has determined will benefit the agricultural operations.
(ii) Corrective easements under this paragraph may be accomplished by the exchange and release of farmland subject to easement restrictions with other farmland that meets the requirements of this subtitle.
(iii) Corrective easements approved by the Foundation are not subject to the requirements of §§ 4–416 and 10–305 of the State Finance and Procurement Article.
(iv) The Foundation shall adopt regulations to carry out this paragraph.
(10) The restrictions of paragraphs (2) and (6) of this subsection concerning maximum lot sizes may be waived by the Foundation so that the maximum lot size is 2 acres if:
(i) The Foundation receives a recommendation to allow a maximum lot size of more than 1 acre from the county agricultural preservation advisory board and the planning and zoning authority of the jurisdiction where the land is situated; and
(ii) The Foundation makes a determination that a lot size greater than 1 acre will not interfere significantly with the agricultural use of the land under easement.
(11) (i) A landowner may, without the approval of the Foundation, erect and display on land subject to an easement under this subtitle a sign or any other outdoor advertising display measuring not more than 4 feet by 4 feet for the purpose of:
1. Stating the name or address of the property or its occupant;
2. Advertising any farm– or forest–related uses of the property or any home occupations that occur on the property with the approval of the Foundation;
3. Advertising the sale of agricultural products, consistent with the policies of the Foundation;
4. Advertising that the property is available for sale or rent;
5. Forbidding trespassing, hunting, or the destruction of property;
6. Marking the boundaries of the property;
7. Identifying the protected status of the property; or
8. Supporting a political candidate.
(ii) The Foundation may authorize a landowner to erect and display on land subject to an easement under this subtitle a sign or any other outdoor advertising display measuring not more than 4 feet by 4 feet for the purpose of providing any other information consistent with the purposes of the Foundation.
(iii) This paragraph:
1. Supersedes any inconsistent provisions of a deed or any other agreement granting an easement under this subtitle; and
2. Does not supersede any local law or ordinance governing signs or outdoor advertising displays.
(c) (1) (i) In this subsection the following words have the meanings indicated.
(ii) “Authorized renewable energy source” means the following energy sources:
1. Solar;
2. Wind;
3. Anaerobic digestion of poultry litter if placed on fallow land; and
4. Anaerobic digestion of livestock manure if placed on fallow land.
(iii) “Reference point” means a point on the Patuxent Naval Air Station centered at 38.29667N and 76.37668W.
(2) Subject to paragraph (4) of this subsection, any easement approved for purchase by the Board of Public Works after June 30, 2014, shall authorize the landowner to request approval, with a favorable recommendation of the local agricultural advisory board and if not prohibited by federal, State, and local laws and regulations, to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source provided that:
(i) The facility occupies no more than 5% or 5 acres, whichever is less, of the land subject to the easement:
1. Including permanent roads or structures that are necessary for access for operation and maintenance purposes; and
2. Not including any temporary impacts necessary for construction of the facility;
(ii) The Foundation determines that authorizing the landowner to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source will not:
1. Interfere significantly with the agricultural use of the land subject to the easement; and
2. Interfere with State, local, or federal restrictions placed on funds used by the Foundation to purchase the easement; and
(iii) For generation of electricity from wind, the generating station’s wind turbines:
1. Are not located in an area where the wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station; and
2. Do not exceed the maximum height above ground level within the area specified in paragraph (5) of this subsection.
(3) Subject to paragraph (4) of this subsection, a written request of a landowner, with a favorable recommendation of the local agricultural advisory board and if not prohibited by federal, State, and local laws, may be approved by the Foundation to amend an existing easement to authorize the landowner to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source provided that:
(i) The facility occupies no more than 5% or 5 acres, whichever is less, of the land subject to the easement:
1. Including permanent roads or structures that are necessary for access for operation and maintenance purposes; and
2. Not including any temporary impacts necessary for construction of the facility;
(ii) The Foundation determines that authorizing the landowner to use the land subject to the easement for the generation of electricity by a facility utilizing an authorized renewable energy source will not:
1. Interfere significantly with the agricultural use of the land subject to the easement; and
2. Interfere with State, local, or federal restrictions placed on funds used by the Foundation to purchase the easement; and
(iii) For generation of electricity from wind, the generating station’s wind turbines:
1. Are not located in an area where the wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station; and
2. Do not exceed the maximum height above ground level within the area specified in paragraph (5) of this subsection.
(4) (i) The Foundation may not approve the use of land subject to an easement for the generation of electricity by a facility utilizing an authorized renewable energy source after June 30, 2019.
(ii) This paragraph may not be construed to prohibit the use of land subject to an easement for the generation of electricity in accordance with this subsection that was approved by the Foundation before July 1, 2019.
(5) A wind turbine located on land subject to an easement may not exceed the specified height above ground level in the area described as follows:
(i) East of a line passing through the reference point and 39.0986N and 76.5284W and:
1. Not more than 24 miles from the reference point, 0 feet;
2. More than 24 miles and not more than 30 miles from the reference point, 100 feet;
3. More than 30 miles and not more than 35 miles from the reference point, 200 feet;
4. More than 35 miles and not more than 39 miles from the reference point, 300 feet;
5. More than 39 miles and not more than 43 miles from the reference point, 400 feet;
6. More than 43 miles and not more than 46 miles from the reference point, 500 feet;
7. More than 46 miles and not more than 49 miles from the reference point, 600 feet; and
8. More than 49 miles and not more than 56 miles from the reference point, 700 feet; and
(ii) West of a line passing through the reference point and 39.0986N and 76.5284W and:
1. South of 38.4428N, 0 feet;
2. North of 38.4428N and no farther north than 38.5711N, 100 feet;
3. North of 38.5711N and no farther north than 38.5943N, 200 feet;
4. North of 38.5943N and no farther north than 38.6366N, 300 feet;
5. North of 38.6366N and no farther north than 38.6596N, 400 feet;
6. North of 38.6596N and no farther north than 38.6873N, 500 feet;
7. North of 38.6873N and no farther north than 38.7075N, 600 feet; and
8. North of 38.7075N and not more than 56 miles from the reference point, 700 feet.
(6) A facility owner who uses land subject to an easement for the generation of electricity in accordance with this subsection shall, on operation of the facility, remit an annual payment of 5% of any lease payment paid to the landowner to the Maryland Agricultural Land Preservation Fund under § 2–505 of this subtitle.
(7) A lease executed by a facility owner and a landowner for the generation of electricity in accordance with this subsection shall include provisions to require a facility owner to remove the facility if the facility is no longer intended to be used to generate electricity.
(8) A landowner who is in violation of federal, State, or local laws regarding the operation of the facility is in violation of the easement and is subject to a civil penalty under § 2–519 of this subtitle.
(9) The Foundation may charge reasonable costs to cover any expenses relating to the Foundation’s responsibility to amend any easement, as required under this subsection, and to monitor the enforcement and compliance of the easement.
(10) The Foundation shall adopt regulations to carry out the provisions of this subsection.
(d) (1) In this subsection, “special occasion event” means a wedding, lifetime milestone event, or other cultural or social event.
(2) Subject to the Foundation’s approval and any applicable regulations, and subject to paragraph (3) of this subsection, a landowner may use a portion of the land subject to an easement to hold special occasion events for commercial purposes if:
(i) More than 10 years have elapsed since the easement was recorded in the land records;
(ii) The local agricultural advisory board provides a written favorable recommendation for the proposed special occasion event area;
(iii) The proposed special occasion events are not prohibited by any federal, State, or local law or regulation;
(iv) The proposed special occasion events will not interfere with any federal, State, or local restriction placed on funds used by the Foundation to purchase the easement;
(v) The proposed special occasion event area, including parking for the special occasion events, does not exceed 2 acres, as shown on a map prepared and certified by a professional land surveyor licensed under Title 15 of the Business Occupations and Professions Article;
(vi) The Foundation approves in writing the location of the proposed special occasion event area;
(vii) The Foundation determines in writing that the proposed special occasion events will not interfere with the agricultural use of the land subject to the easement;
(viii) The proposed special occasion events will take place in:
1. A temporary structure, including an enclosed or open canopy or tent, or other portable structure erected for a reasonable amount of time to accommodate the special occasion event;
2. An existing building on the land subject to the easement;
3. A farm or open air pavilion; or
4. Any other existing structure located on the land subject to the easement; and
(ix) Unless required by law, the special occasion event area does not add any new impervious surfaces to the land subject to the easement.
(3) An approval granted by the Foundation under this subsection to a landowner to use a portion of the land subject to an easement to hold special occasion events for commercial purposes automatically terminates on the sale or transfer of the land subject to the easement.
(e) Purchase of an easement by the Foundation does not grant the public any right of access or right of use of the subject property.
(f) An agricultural land preservation easement purchased under this subtitle shall be included as part of a partnership under the Readiness and Environmental Protection Integration Program established under 10 U.S.C. § 2684a if:
(1) The land that is subject to an easement is in the vicinity of, or ecologically related to, the Atlantic Test Range;
(2) The landowner whose land is subject to an easement agrees to any restrictions imposed on the easement under the Readiness and Environmental Protection Integration Program established under 10 U.S.C. § 2684a; and
(3) Funding is available to the Foundation to enter into an agreement under the Readiness and Environmental Protection Integration Program established under 10 U.S.C. § 2684a.
Md. Code, Agriculture § 2-513.1
§2–513.1.
(a) This section applies only to applications affecting land encumbered by a deed of easement created under this subtitle.
(b) If the Foundation has not authorized approval of the application, a county may deny an application for:
(1) A subdivision plat or plan;
(2) A building permit, except for:
(i) Improvements or accessories to an existing residence; or
(ii) A farm building or structure;
(3) A nonagricultural conditional use or special exception; or
(4) Any other nonagricultural use or activity.
Md. Code, Agriculture § 2-514
(a) (1) This section applies only to easements approved for purchase by the Board of Public Works on or before September 30, 2004.
(2) All easements approved for purchase by the Board of Public Works on or after October 1, 2004, are perpetual and not eligible for termination.
(b) An easement approved by the Board of Public Works on or before September 30, 2004, and held by the Foundation may be terminated only under extraordinary circumstances and in the manner specified in this section.
(c) (1) Except as provided in paragraph (2) of this subsection, after 25 years from the date of purchase of an easement, a landowner may request that the easement be reviewed for possible termination, subject to the requirements of this section.
(2) A landowner is not eligible to terminate any easement:
(i) Purchased using an installment purchase agreement, as provided in § 2–510(k) of this subtitle; or
(ii) Approved for purchase by the Board of Public Works on or after October 1, 2004.
(d) (1) If an eligible landowner requests that the Foundation review an easement for termination, the Foundation shall first request that the county governing body of the county containing the land under easement review the easement for termination.
(2) Subject to all other requirements of this section, an easement may be terminated only if the county governing body of the county containing the land under easement:
(i) Conducts a public hearing on the termination request after adequate public notice; and
(ii) After the public hearing, approves the termination request.
(3) The decision of the county governing body shall be in writing and may be based on:
(i) The county agricultural preservation advisory board’s recommendation to approve or deny the termination request;
(ii) Local comprehensive planning and zoning;
(iii) Local priorities to preserve agricultural land;
(iv) Local patterns of development; and
(v) Any other land use matters.
(e) (1) If the county governing body denies the request for termination, the termination review process ends and the Foundation is not required to continue to consider the request for termination.
(2) If the county governing body approves the request for termination, the county governing body shall notify the Foundation of its decision in writing.
(f) (1) On receiving the county governing body’s written notice to approve a request for termination, as provided in subsection (e)(2) of this section, the Foundation board of trustees members at large shall determine whether it is feasible to farm the land under easement in a profitable manner.
(2) Profitable farming is feasible on the land if an agricultural commodity or product may be produced on the land and sold for profit.
(3) 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.
(4) The determination of the board of trustees members at large shall be in writing and may be based on:
(i) An expert opinion as to whether profitable farming on the land is feasible;
(ii) The effect of any nonagricultural development adjacent to the land;
(iii) Whether markets exist for any agricultural products that can be produced on the land;
(iv) The profitability of nearby farms, if this information is readily available to the board of trustees members at large;
(v) Any information the landowner asks the board of trustees members at large to consider; and
(vi) Any additional information the board of trustees members at large deem relevant to determine whether it is feasible to farm the land in a profitable manner.
(g) (1) If the board of trustees members at large deny the request for termination because they determine that it is feasible to farm the land in a profitable manner, the termination review process ends and the Foundation is not required to continue to consider the request for termination.
(2) If the board of trustees members at large approve the request for termination, the Secretary shall review the request.
(h) (1) If both the county governing body and the board of trustees members at large approve a request for termination, an easement shall be terminated only if the Secretary approves the request for termination.
(2) The Secretary may approve or deny the request for termination.
(i) (1) If the request for termination is approved, two fair market value appraisals of the subject land shall be ordered by the Department of General Services at the direction of the Foundation at the expense of the landowner requesting termination of the easement.
(2) The subject land shall be appraised as of the date of the approval of the request for termination.
(3) The Department of General Services shall review the two appraisals and shall determine, subject to approval of the Board of Public Works, the fair market value of the subject land and shall issue a written statement as to the approved fair market value to the Foundation.
(4) (i) On receipt of the written statement from the Department of General Services, the Foundation shall issue a notification to the landowner of the approved fair market value.
(ii) The landowner shall have not more than 30 days from the date of the notification to elect to repurchase the easement for the fair market value as determined by the Department of General Services.
(5) (i) 1. No more than 180 days following the notification required under paragraph (4) of this subsection, the landowner may repurchase the easement by paying to the Foundation the difference between the approved fair market value and the agricultural value of the subject land.
2. For purposes of this paragraph, the fair market value is the same as set forth under § 2–511(b) of this subtitle.
(ii) For purposes of this paragraph, the agricultural value of the land is determined by the appraisal method that was in effect at the time the easement was acquired by the Foundation, either by the agricultural appraisal formula under § 2–511(d) of this subtitle or by an appraisal that determines the price as of the valuation date which a vendor, willing but not obligated to sell, would accept, and which a purchaser, willing but not obligated to buy, would pay for a farm unit with land comparable in quality and composition to the property being appraised.
(iii) 1. In the case of the termination of an easement that was originally purchased under a matching allotted purchase, the Foundation shall distribute to the contributing county a portion of the repurchase payment received under subparagraph (i) of this paragraph that is equal to the percentage of the original easement purchase price contributed by the county.
2. A. From the funds distributed to a county under this subparagraph, the county shall deposit in the county’s special account for its agricultural land preservation program an amount that is at least equal to the percentage of the original easement purchase price that was paid out of the special account.
B. If any of the funds deposited in the county’s special account have not been expended or committed within the period of time prescribed in § 13–306(c)(2) and (d) of the Tax – Property Article, the county collector shall remit those funds to the Comptroller for deposit in the Maryland Agricultural Land Preservation Fund as provided in § 13–306(d) of the Tax – Property Article.
3. The county shall deposit the balance of the funds distributed to it under this subparagraph in the county’s general fund.
4. If an easement is terminated, the Foundation shall deposit its portion of the repurchase payment in the Maryland Agricultural Land Preservation Fund as provided under § 2–505 of this subtitle.
(j) If the request for termination is denied, or if the landowner fails to elect to repurchase the easement within 30 days of the notification required under subsection (i)(4) of this section, or fails to repurchase the easement within 180 days of the notification, the landowner may not again request termination of the easement until five years after his last request for termination.
(k) (1) This subsection applies only to easements that the Foundation acquires on or before September 30, 2004.
(2) Before deciding on a request for termination of an easement, the Foundation shall provide a landowner with the opportunity for a hearing.
(3) The landowner may appeal any Foundation denial directly to the circuit court of the county where the land is located.
(4) The circuit court shall hear and determine the appeal on the record made in accordance with § 10–222 of the State Government Article.
Md. Code, Agriculture § 2-514.1
§2–514.1.
An easement whose purchase is approved by the Board of Public Works on or after October 1, 2004, shall be held by the Foundation in perpetuity.
Md. Code, Agriculture § 2-515
(a) (1) Subject to the provisions of paragraph (2) of this subsection, this subtitle does not prohibit an agency of the State or of a county or other governmental authority from acquiring by condemnation land which is under an agricultural preservation easement held by the Foundation or a county agricultural land preservation program if such acquisition is for a public purpose.
(2) (i) In this paragraph, “economic or residential development” does not include:
1. Roads or bridges;
2. Water lines or pipelines;
3. Sewer lines or pipelines;
4. Power transmission lines or natural gas pipelines; or
5. Stormwater or drainage facilities.
(ii) If the purpose of the condemnation of land under a Foundation easement is either for economic or residential development or parkland, the acquisition of the land shall be subject to approval by the Board of Public Works after review and recommendation of the Foundation.
(iii) The condemning authority shall demonstrate that:
1. A greater public purpose exists than that served by the Foundation easement; and
2. There is no reasonable alternative site.
(b) (1) This subsection applies only to an agricultural land preservation easement:
(i) Acquired by a county land preservation program on or before June 30, 2018; or
(ii) Approved for purchase by the Board of Public Works on or before June 30, 2018, and held by the Foundation.
(2) In the event of condemnation of land under an agricultural preservation easement held by the Foundation, the condemning authority, whether State, county, or other authority, shall pay:
(i) To the landowner the full amount to which the landowner would be entitled if the land was not under easement, less any amount paid to the Foundation, a county agricultural land preservation program, or other entity under item (ii) of this paragraph; and
(ii) To the Maryland Agricultural Land Preservation Fund, a county agricultural land preservation program, or any other entity contributing payment for the original easement purchase, an amount equal to any amount paid by the Foundation, a county agricultural land preservation program, or other entity for the easement.
(3) If a part or all of the property is acquired by the exercise of the power of eminent domain, the fair market value of the property is not affected by its having been qualified for a tax credit under § 9–206 of the Tax – Property Article except that there shall be deducted from fair market value the lesser of:
(i) The value of the easement granted; or
(ii) The excess of the aggregate amount of the property taxes that would have been due on the property if the easement had not been granted above the aggregate amount of property taxes actually paid on the property since the easement was granted.
(4) If the Foundation or a county agricultural land preservation program purchases the easement for a monetary consideration, other than or in addition to, the tax credit, the condemnation award shall be further reduced by an amount equal to the additional consideration.
(c) (1) This subsection applies only to an agricultural land preservation easement:
(i) Acquired by the Foundation by donation on or after July 1, 2018; or
(ii) Approved for purchase by the Board of Public Works on or after July 1, 2018, and held by the Foundation.
(2) In the event of condemnation of land under an agricultural preservation easement, the condemning authority, whether State, county, or other authority, shall pay:
(i) To the landowner the full amount to which the landowner would be entitled if the land was not under easement, less any amount paid to the Foundation under item (ii) of this paragraph; and
(ii) To the Maryland Agricultural Land Preservation Fund an amount equal to the fair market value of the easement, which shall be determined by a qualified appraisal that establishes the ratio of the value of the easement interest to the value of the fee simple interest in the land as of the date of condemnation.
(3) If an easement was originally purchased with funds contributed by entities other than the Foundation, the Foundation shall distribute to the contributing entity a portion of the fair market value compensation in proportion to the percentage of the original easement purchase price contributed by the entity.
Md. Code, Agriculture § 2-516
The Foundation shall provide its approval or disapproval of an application by a county for certification or recertification under § 5–408 of the State Finance and Procurement Article.
Md. Code, Agriculture § 2-517
(a) (1) The Maryland Agricultural Land Preservation Foundation shall establish a Critical Farms Program that is separate and independent from the requirements of the Maryland Agricultural Land Preservation Program established under this subtitle.
(2) The purpose of the Program is to provide interim or emergency financing for the acquisition of agricultural preservation easements on critical farms that would otherwise be sold for nonagricultural uses.
(b) (1) The Foundation, with county approval, shall determine if a property qualifies for the Critical Farms Program in accordance with the criteria developed under paragraph (2) of this subsection.
(2) (i) The Foundation, in consultation with the Department of Planning, shall develop criteria for counties to consider when determining whether a property qualifies for the Program.
(ii) The criteria shall include:
1. The qualifying strategic characteristics of the property, including location and productivity;
2. The circumstances creating the risk of the property being sold for nonagricultural purposes;
3. When applicable, the characteristics of the purchaser of strategic farmland seeking assistance from the Program;
4. The consistency of the proposed acquisition with county goals and priorities and, if applicable, the county’s priority preservation area; and
5. Evaluation of the property as a priority easement acquisition.
(c) (1) The Maryland Agricultural Land Preservation Foundation shall develop, in consultation with the Department of General Services:
(i) A method for valuating an option to purchase an easement on property under the Critical Farms Program; and
(ii) A procedure for purchasing an easement option from the owner or purchaser of a critical farm under the Critical Farms Program.
(2) For purposes of setting an easement acquisition value for a State easement program, a property participating in the Program by sale of easement option shall be valued:
(i) As if it was not subject to any restriction imposed under this subtitle; and
(ii) In accordance with the valuation requirements of the specific State easement program to which the Critical Farms Program participant may apply to sell an easement.
(3) After a final easement sale, the Foundation shall be reimbursed by the Critical Farms Program participant for the amount that was paid by the Foundation for the easement option.
(4) The Foundation shall deposit the reimbursement in the Critical Farms Fund.
(5) The Foundation may be reimbursed for expenses associated with the acquisition of an easement option from the proceeds of the final easement sale and shall deposit the reimbursed expenses in the Critical Farms Fund.
(d) (1) When acquiring a fee simple interest in property under the Critical Farms Program, the Maryland Agricultural Land Preservation Foundation may submit to the Board of Public Works for approval at the same time as acquisition a plan for subsequent disposition of all or any portion of the property.
(2) Disposition of property under the Program may include the sale, lease, exchange, or transfer of the property.
(3) Any proceeds from the disposition of property under the Program shall be deposited in the Critical Farms Fund.
(4) When disposing of property under this subsection, the Foundation shall impose a perpetual agricultural land preservation easement on the property to restrict the use of the property to agricultural purposes.
(5) The Foundation may require reimbursement for expenses associated with the acquisition and disposition of property under this subsection from the purchaser of the property and shall deposit the reimbursed expenses in the Critical Farms Fund.
(6) Property conveyed under this subsection is not:
(i) Excess personal property under § 4–501 of the State Finance and Procurement Article; or
(ii) Subject to the requirements of § 5–310 of the State Finance and Procurement Article.
(e) (1) In this subsection, “Fund” means the Critical Farms Fund.
(2) There is a Critical Farms Fund in the Department.
(3) The purpose of the Fund is to finance the acquisition of agricultural land preservation easements on critical farms by:
(i) The purchase of easement options under this section and under § 2–517.1 of this subtitle; and
(ii) The purchase of a fee simple interest in land and resale with an agricultural land preservation easement in place.
(4) The Fund is a continuing, nonlapsing revolving fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(5) The Governor may include each year in the budget an appropriation to the Fund consistent with Section 5 of the Agricultural Stewardship Act of 2006.
(6) If the Governor’s appropriation increases the Fund to more than $16 million, the Foundation shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that adequately documents the additional need.
(f) The Maryland Agricultural Land Preservation Foundation may adopt regulations to implement the provisions of this section.
Md. Code, Agriculture § 2-517.1
§2–517.1.
(a) (1) The Foundation may establish a Farmland Preservation Partnership Program that is governed by the requirements of this section.
(2) The Farmland Preservation Partnership Program may include the acquisition of easements under the Critical Farms Program as provided under § 2–517 of this subtitle.
(3) The objective of the Partnership Program is to preserve productive agricultural and forested lands.
(4) (i) The Foundation may form partnerships for the purpose of purchasing easements on qualifying properties.
(ii) Except for the Critical Farms Program where State funds may be made available as determined by the Foundation, the Foundation’s partners shall cover the full purchase price, which may include the administrative costs of any easement for which the Foundation will be the grantee or the co–grantee.
(iii) The properties that qualify for the Partnership Program shall meet the criteria developed by the Foundation in accordance with subsection (b) of this section.
(b) (1) The Foundation shall develop criteria that determine when a farm qualifies for the Partnership Program.
(2) At a minimum, any qualifying farm shall:
(i) Meet the Foundation’s size criteria;
(ii) As determined by the Foundation, contain significant productive agricultural soil or forest soil; and
(iii) Be approved for participation in the Partnership Program by the governing body of the local jurisdiction in which the property is located.
(c) Notwithstanding any other provision of this subtitle, an easement acquired by the Foundation in accordance with this section is not subject to the ranking, valuation, or development restrictions of this subtitle, except as determined by the Foundation’s board of trustees.
Md. Code, Agriculture § 2-518
(a) In this section, “area” means a priority preservation area.
(b) (1) A county may include a priority preservation area element in the county’s comprehensive plan.
(2) A county that applies for certification or recertification under § 5–408 of the State Finance and Procurement Article shall include a priority preservation area element in the county’s comprehensive plan.
(c) An area shall:
(1) (i) Contain productive agricultural or forest soils; or
(ii) Be capable of supporting profitable agricultural and forestry enterprises where productive soils are lacking;
(2) Be governed by local policies, ordinances, regulations, and procedures that:
(i) Stabilize the agricultural and forest land base so that development does not convert or compromise agricultural or forest resources; and
(ii) Support the ability of working farms in the priority preservation area to engage in normal agricultural activities; and
(3) Be large enough to support normal agricultural and forestry activities in conjunction with the amount of development permitted by the county in the priority preservation area, as represented in its adopted comprehensive plan.
(d) An area may:
(1) Consist of a single parcel of land, multiple connected parcels of land, or multiple unconnected parcels of land; and
(2) Include rural legacy areas.
(e) A county’s acreage goal for land to be preserved through easements and zoning within an area shall be equal to at least 80% of the remaining undeveloped land in the area, as calculated at the time of application for State certification of an area.
(f) Each time a county’s comprehensive plan is updated, the update shall include an evaluation of:
(1) The county’s progress toward meeting the goals of the Foundation;
(2) Any shortcomings in the county’s ability to achieve the goals of the Foundation; and
(3) Past, current, and planned actions to correct any identified shortcomings.
(g) In accordance with § 5–408 of the State Finance and Procurement Article and any regulations adopted under the authority of that section, the Department of Planning and the Maryland Agricultural Land Preservation Foundation shall jointly certify an area.
(h) In accordance with § 5–408 of the State Finance and Procurement Article, the Department of Planning and the Maryland Agricultural Land Preservation Foundation shall review any update to a county’s comprehensive plan or any other change that may affect an area.
Md. Code, Agriculture § 2-519
(a) (1) In addition to any other remedies available at law or in equity and after an opportunity for a hearing, the board of trustees of the Foundation may impose a penalty on an owner of property that is subject to an easement granted under this subtitle for a violation of any provision of this subtitle, any regulation adopted in accordance with § 2–504 of this subtitle, or an easement acquired by the Foundation.
(2) Each day a violation occurs is a separate violation for purposes of this section.
(b) Before taking any action under this section, the Foundation shall provide the alleged violator with written notice of the proposed action, an opportunity for an informal meeting, and a reasonable time to correct the alleged violation.
(c) The penalty imposed on a person under this section shall be:
(1) Up to $2,500 for each violation;
(2) Not more than $50,000 total for any single administrative hearing; and
(3) Assessed with consideration given to the willfulness of the violation and the extent to which the existence of the violation was known to the violator but uncorrected by the violator.
(d) Penalties collected by the Foundation under this section shall be paid into the Maryland Agricultural Land Preservation Fund established under § 2–505 of this subtitle.
(e) The Foundation shall adopt regulations to carry out the provisions of this section.
Md. Code, Agriculture § 2-601
The Farmer Disaster Loan Program is created within the Department of Agriculture for the purpose of making loans at a preferred rate of interest to allow farmers to rebuild, repair, or recover their farmlands, buildings, crops, or livestock damaged or destroyed by a natural disaster. The Department shall manage and supervise the Program.
Md. Code, Agriculture § 2-602
(a) The Department may make loans under the Farmer Disaster Loan Program from funds provided in the budget.
(b) Money derived from payment of principal and interest on the loans shall be used by the Department, as needed, to make additional loans under the Farmer Disaster Loan Program. If any money derived from the payment of principal and interest as provided in this subsection exceeds $200,000, then that excess amount shall revert to the General Fund of this State.
Md. Code, Agriculture § 2-603
(a) (1) The Department may make direct loans not exceeding $15,000 to qualifying farmers at an interest rate which will make the program self-supporting. In establishing the interest rate from time to time, the Department shall take into account all of the expenses of the program including administrative expenses of the program, and possible losses. The interest rate may not exceed 1 percent above the cost of the loans to the State.
(2) The Department may collect a uniform application fee, and retain from it any amounts not expended for credit reports, appraisals, and other expenses of processing loan applications.
(3) Loans made under this subtitle shall be secured by a mortgage or lien on the property purchased and any improvements and fixtures, crops, and livestock on it, or whatever the Secretary of Agriculture may require.
(b) (1) To be eligible for a loan, an applicant shall meet all of the following conditions of eligibility:
(i) The Governor shall have declared a state of emergency because of a natural disaster making the applicant’s farm eligible for aid;
(ii) The applicant must have been the one to have suffered the actual loss as a result of the natural disaster;
(iii) The applicant shall have applied for a farm loan from any agency of the federal government; and
(iv) The applicant must make application for a farmer disaster loan within six months of the time of the natural disaster.
(2) The conditions of eligibility listed in this section apply jointly and severally in the case of spouses who are living together, except that the domicile requirement may be satisfied by either spouse.
(3) If a person receives a farm disaster loan from any agency of the federal government, that person shall reimburse the Department of Agriculture of Maryland for any loan made according to this subtitle, including any expense and interest as provided in subsection (a)(1) of this section.
Md. Code, Agriculture § 2-604
The Department may:
(1) Make farmer disaster loans and extend or modify the terms of an existing loan, set the principal amounts and maturities (not exceeding five years) thereof, enforce them according to their terms, and execute all necessary and convenient documents in connection therewith; foreclose mortgages; and obtain and enforce deficiency judgments. Approval or execution by the Board of Public Works is not needed to assign for value, to release loans when paid, or to accomplish foreclosures.
(2) Require and obtain appraisals, credit information, and other information necessary or desirable to make sound loans, and to adopt reasonably minimum requirements of creditworthiness and security.
(3) Contract for services relating to any aspect of the operations of the program in accordance with procedures required by law for State contracts.
(4) Adopt, and amend from time to time, in accordance with statutory requirements, rules and regulations governing all aspects of the operation of the program, including definitions of terms.
Md. Code, Agriculture § 2-605
Whoever knowingly makes or causes to be made any false statement or report for the purpose of influencing the action of the Department upon any application for a loan or any action of the Department affecting a loan already made, shall be subject to a penalty in the amount of three times the amount of the loan with interest of 6 percent from the date of the loan. The Department may enforce this penalty in the appropriate court.
Md. Code, Agriculture § 2-701
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the Maryland Horse Industry Board.
(c) “Boarding stable” means an establishment that solicits or offers to the public to stable horses.
(d) “Equine activities” includes teaching equestrian skills, participating in equestrian competitions, exhibitions or other displays of equestrian skills, and caring for, breeding, boarding, renting, riding, or training horses.
(e) “Horse” includes horses, donkeys, mules, and ponies.
(f) “Horse establishment” means an establishment that solicits or offers to the public any of the following services:
(1) A boarding stable;
(2) A lesson or rental stable; or
(3) A rescue or sanctuary stable.
(g) “Lesson or rental stable” means an establishment in connection with which one or more horses are offered to the public to be let for hire, to be ridden or driven, either with or without the furnishing of riding or driving instructions.
(h) “Rescue or sanctuary stable” means an establishment that offers to the public to shelter or keep one or more horses for humane purposes with or without compensation and with or without tax–exempt status.
(i) “Stable” means a place where one or more horses are under the care, custody, and control of an operator.
Md. Code, Agriculture § 2-702
Except as provided in § 2–702.1 of this subtitle, horse racing and standardbred stables or farms using horses for working or cultivating the soil or herding or cutting livestock are not subject to the provisions of this subtitle.
Md. Code, Agriculture § 2-702.1
§2–702.1.
Equine activities shall be treated as agricultural activities for the purposes of this subtitle.
Md. Code, Agriculture § 2-703
There is a Maryland Horse Industry Board.
Md. Code, Agriculture § 2-704
(a) (1) The Board consists of 12 members, 11 of whom shall be appointed by the Governor with the advice of the Secretary.
(2) Of the Board members:
(i) One shall be a duly qualified and licensed veterinarian;
(ii) One shall be an officer of a county humane society;
(iii) One shall be an owner of a licensed stable;
(iv) One shall be a public member;
(v) One shall be a representative of the Maryland Horse Council, Inc.;
(vi) One shall be a representative of the trails and recreational riding community;
(vii) One shall represent the organized competitions and shows industry;
(viii) One shall represent the Maryland thoroughbred industry;
(ix) One shall represent the Maryland standardbred industry;
(x) One shall represent the academic equine community; and
(xi) One shall represent the equine trade and support industries.
(3) The Secretary, or the Secretary’s designee, shall serve as an ex officio member of the Board.
(b) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c) (1) The term of a member is 4 years.
(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1980.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(d) The Governor may remove a member for incompetency or misconduct.
Md. Code, Agriculture § 2-705
(a) From among its members, the Board shall elect a chairman.
(b) The manner of election of officers and their terms of office shall be as the Board determines.
Md. Code, Agriculture § 2-706
(a) The Board shall determine the times and places of its meetings.
(b) A member of the Board:
(1) May not receive compensation; but
(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c) The Board may employ a staff in accordance with the State budget.
Md. Code, Agriculture § 2-707
(a) The powers and duties vested in the Board by the provisions of this subtitle are subject to the power and authority of the Secretary.
(b) In addition to the powers set forth elsewhere in this subtitle, the Board may:
(1) Adopt rules and regulations to carry out the provisions of this subtitle, including:
(i) Filing applications for licenses; and
(ii) The qualifications of applicants; and
(2) Set standards to create classes of licenses under this subtitle.
Md. Code, Agriculture § 2-708
All funds collected by the Board shall be paid into the Maryland Horse Industry Fund under § 2–708.2 of this subtitle.
Md. Code, Agriculture § 2-708.1
§2–708.1.
The Board shall:
(1) Carry out the licensing, inspection, and enforcement provisions of this subtitle;
(2) Advise the Department regarding matters affecting the horse industry in the State;
(3) Support research related to equine health and related issues;
(4) Promote the development and use of horses in the State;
(5) Create public awareness of the value of equine activities as they relate to the preservation of green space and agricultural land; and
(6) Develop and disseminate information concerning the equine industry, including the history and tradition of breeding and the role of horses in recreational activities.
Md. Code, Agriculture § 2-708.2
§2–708.2.
(a) In this section, “Fund” means the Maryland Horse Industry Fund.
(b) There is a Maryland Horse Industry Fund in the Department.
(c) (1) The Fund is a continuing, revolving special fund to be maintained by the State Treasurer.
(2) The State Treasurer shall hold and the State Comptroller shall account for the Fund.
(d) The Fund shall be invested and reinvested. Any interest or other investment earnings of the Fund shall be credited and paid into the Fund.
(e) At the end of a fiscal year, any unspent or unencumbered balance in the Fund may not revert to the General Fund of the State.
(f) The Fund consists of:
(1) Money made available from an assessment on equine feed as required under § 6–107.2 of this article;
(2) Money made available to the Fund by general, federal, or special fund appropriations;
(3) Money made available to the Fund by gifts, grants or transfers from any government or unit or instrumentality of a government or from any private sector sources; and
(4) Money made available from licensing and inspection of horse stables as required under §§ 2–711, 2–712, and 2–713 of this subtitle.
(g) The Board shall use the money in the Fund in accordance with the provisions of § 2–708 of this subtitle.
(h) Except for the purposes in § 2–708.1 of this subtitle, the Board may not use any money in the Fund for any other purpose of the Board.
Md. Code, Agriculture § 2-709
(a) (1) The Board, with the approval of the Secretary, may appoint a qualified inspector to act as its agent and make inspections throughout the State.
(2) The inspector is entitled to:
(i) A salary in accordance with the State budget; and
(ii) Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(b) (1) The Board may designate officers of county humane societies, societies for the prevention of cruelty to animals, or licensed veterinarians to:
(i) Act as its agent; and
(ii) Make routine inspections.
(2) An inspector designated under paragraph (1) of this subsection:
(i) May not receive compensation; but
(ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Agriculture § 2-710
A person may not engage in the business of operating or maintaining any horse establishment unless the person has received a license issued by the Board.
Md. Code, Agriculture § 2-711
To apply for a license, an applicant shall:
(1) Submit an application to the Board on the form that it requires; and
(2) Pay to the Board a license fee of $125.
Md. Code, Agriculture § 2-712
(a) A license expires on June 30 after its effective date, unless the license is renewed for a 1–year term as provided in this section.
(b) At least 1 month before a license expires, the Board shall send each licensee, by electronic means or first–class mail to the last known electronic or mailing address of the licensee, a renewal form and a renewal notice that states:
(1) The date on which the current license expires;
(2) That the renewal application and fee must be received by the Board on or before the license expiration date; and
(3) The amount of the renewal fee.
(c) Before a person’s license expires, a licensee periodically may renew the license for additional 1–year terms, if the licensee:
(1) Otherwise is entitled to be licensed;
(2) Pays to the Board a renewal fee of $125; and
(3) Submits to the Board a renewal application on the form that it requires.
(d) A person who is licensed to operate a horse establishment has a grace period of 60 days after the person’s license expires to renew the license retroactively, if the person:
(1) Otherwise is entitled to renew the license;
(2) Submits to the Board a renewal application on the form required by the Board; and
(3) Pays to the Board the renewal fee and any late fee set by the Board.
(e) The Board may reinstate the license of a former licensee if the former licensee:
(1) Applies for the reinstatement more than 60 days after the license renewal deadline;
(2) Otherwise is entitled to renew the license;
(3) Submits to the Board an application for reinstatement on the form required by the Board; and
(4) Pays to the Board a reinstatement fee and the renewal fee set by the Board.
Md. Code, Agriculture § 2-713
(a) Each horse establishment licensed under this subtitle shall be inspected as determined by the Board.
(b) Based on criteria it develops, the Board may create additional classes of licenses, all of which shall have the usual annual fee under this subtitle.
Md. Code, Agriculture § 2-714
(a) A license issued under this subtitle is the property of the State and only is loaned to a licensee.
(b) Each licensee shall display the license conspicuously on the premises where a horse establishment is operated by the licensee.
(c) A license issued under this subtitle may not be assigned or transferred.
Md. Code, Agriculture § 2-715
The Board may suspend or revoke the license issued to any licensee under this subtitle, if the licensee:
(1) Fails to provide suitable food, water, and shelter for a horse under the control of the licensee;
(2) Maintains an unsanitary or unfit horse establishment;
(3) Fails to provide suitable saddles, bridles, harnesses, and other tack or equipment;
(4) Allows unfit horses to be used for riding or driving purposes;
(5) Refuses to allow a member of the Board to enter and inspect the licensed premises;
(6) Obstructs any member of the Board in the performance of his duties;
(7) Commits an act of cruelty as defined in § 10–601 of the Criminal Law Article, or allows the commission of an act of cruelty by any other person with relation to any horse under the control of the licensee;
(8) Does any other action that, in the opinion of the Board, taking into consideration the welfare of the horses under the control of the licensee, shows that the licensee is unfit to operate a horse establishment; or
(9) Fails to comply with the rules and regulations of the Board after receiving a license.
Md. Code, Agriculture § 2-716
(a) If, in accordance with § 10-615 of the Criminal Law Article, the Board considers it necessary to take possession of a horse to protect it from neglect or cruelty, the Board immediately shall notify the owner or custodian of this action.
(b) The owner or custodian of the horse may petition the Board for return of the horse within 5 days after possession was taken. If a timely petition is not filed with the Board, the horse shall be treated as an estray.
(c) (1) If the owner or custodian files a timely petition, the Board shall return the horse if the owner or custodian:
(i) Consents to providing proper attention to the horse, as specified by the Board; and
(ii) Pays all costs and expenses incurred in taking possession of and stabling the horse during possession.
(2) If the owner or custodian does not consent or pay all costs and expenses, the horse shall be treated as an estray.
Md. Code, Agriculture § 2-717
The Board may apply for relief by injunction, without bond, to enforce any provision of this subtitle or to restrain a violation of any provision of this subtitle. In these proceedings the Board does not have to allege or prove that:
(1) An adequate remedy at law does not exist; or
(2) Substantial or irreparable damage would result from the continued violations.
Md. Code, Agriculture § 2-718
(a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 11 months or both.
(b) (1) Instead of pursuing criminal penalties under subsection (a) of this section, the Board may impose an administrative penalty on any person who violates any provision of § 2–710 or § 2–715 of this subtitle.
(2) The penalty imposed under this subsection may not exceed $2,000 for each violation of this subtitle.
(3) All penalties collected under this subsection shall be paid into the General Fund of the State.
(4) The Board shall adopt regulations necessary to implement the provisions of this subsection.
(c) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–710 or § 2–715 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(d) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(e) The person may be represented at the hearing by counsel.
(f) The Board may issue subpoenas in connection with any investigation of charges under § 2–710 of this subtitle or proceedings under this section.
(g) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Md. Code, Agriculture § 2-719
Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, the provisions of this subtitle and of any rule or regulation adopted under this subtitle shall terminate and be of no effect after July 1, 2026.
Md. Code, Agriculture § 2-901
(a) There is a Maryland Crop Insurance Premium Cost Share Program which is established for the purpose of increasing participation by farmers in the State in the Federal Crop Insurance Program and reducing a farmer’s economic losses that result from natural disasters and market volatility.
(b) (1) (i) The Secretary may provide a cost share payment for a qualifying federal crop insurance product purchased by a farmer in the State.
(ii) A cost share payment made under this section may not exceed 8% of the net book premium, as established by the Federal Crop Insurance Corporation within the Risk Management Agency of the United States Department of Agriculture.
(2) The Department may distribute money under the Maryland Crop Insurance Premium Cost Share Program from funds provided in the budget.
(c) (1) The Secretary may adopt regulations to implement the provisions of this subtitle.
(2) On or before January 1, 2008, the Secretary shall adopt regulations that establish the qualifications for a farmer’s eligibility to receive a cost share payment for crop insurance.
Md. Code, Agriculture § 2-1201
(a) In this subtitle, “Program” means the Maryland Agricultural Land Link Program.
(b) There is a Maryland Agricultural Land Link Program in the Department, which is established for the purpose of:
(1) Assisting older or retiring farmers in the State in the lease or sale of their agricultural land to younger or beginning farmers;
(2) Keeping agricultural land in the State in active agricultural use; and
(3) Reducing the amount of agricultural land in the State that is lost each year to development.
(c) Under the Program, if sufficient funds are provided in the annual budget, the Department shall:
(1) Maintain an on–line database to serve as an electronic bulletin board for the voluntary posting of information on:
(i) Agricultural land available for lease;
(ii) Agricultural land available for sale;
(iii) Any other land available for agricultural use, lease, or sale; and
(iv) Internship, apprenticeship, employment, and business opportunities for farmers; and
(2) Promote the lease or sale of agricultural land from retiring farmers to beginning farmers.
Md. Code, Agriculture § 2-1401
(a) In this section, “Fund” means the Maryland Dairy Farmer Emergency Trust Fund.
(b) There is a Maryland Dairy Farmer Emergency Trust Fund.
(c) The purpose of the Fund is to provide financial assistance to dairy farmers during periods of economic hardship due to depressed milk prices.
(d) The Secretary shall administer the Fund.
(e) (1) At the end of each fiscal year, any unspent or unencumbered balance in the Fund that exceeds $15,000,000 shall revert to the General Fund in accordance with § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(f) (1) The Fund consists of:
(i) Money appropriated in the State budget to the Fund;
(ii) Any investment earnings of the Fund; and
(iii) Any other money from any other source accepted for the benefit of the Fund.
(2) The Governor may include an appropriation in the State budget each fiscal year for the Fund.
(g) The Fund may be used only to provide financial assistance to dairy farmers during periods of economic hardship due to depressed milk prices.
(h) (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2) Any investment earnings of the Fund shall be credited to the Fund.
(i) The Secretary shall establish procedures for dairy farmers to apply for financial assistance from the Fund.
Md. Code, Agriculture § 2-1501
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Authorized equipment” means any equipment necessary for the management of forest land.
(ii) “Authorized equipment” includes:
1. Equipment necessary for the:
A. Construction and staging of marshaling areas;
B. Planting of trees; and
C. Removal of trees;
2. Vehicles capable of transporting harvested trees;
3. Wood chippers;
4. Materials required to administer approved products to ash trees planted in quarantined areas; and
5. Any other appropriate equipment, as determined by the Secretary.
(3) “Fund” means the Emerald Ash Borer Grant Fund.
(b) There is an Emerald Ash Borer Grant Fund.
(c) The purpose of the Fund is to provide grants to local governments, businesses, and organizations to finance purchases of authorized equipment to remove, dispose of, and replace trees infested by the emerald ash borer:
(1) That are located within emerald ash borer quarantine areas; and
(2) In accordance with any applicable State or federal law, regulation, or quarantine.
(d) The Secretary shall administer the Fund.
(e) (1) At the end of each fiscal year, any unspent or unencumbered balance in the Fund shall revert to the General Fund in accordance with § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(f) The Fund consists of:
(1) Money appropriated in the State budget to the Fund;
(2) Any investment earnings of the Fund; and
(3) Any other money from any other source accepted for the benefit of the Fund.
(g) (1) The Fund may be used only to provide grants in accordance with subsection (c) of this section.
(2) A grant provided in accordance with this section may not exceed the amount that the local government, business, or organization has appropriated to finance purchases of equipment to remove, dispose of, and replace infested trees located in areas designated under subsection (c) of this section.
(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2) Any investment earnings of the Fund shall be credited to the Fund.
(i) The Secretary shall establish procedures for a person to apply for a grant from the Fund.
Md. Code, Agriculture § 2-1601
§2–1601. IN EFFECT
// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTERS 92 AND 472 OF 2022 //
(a) In this subtitle the following words have the meanings indicated.
(b) “Advisory Board” means the Spay/Neuter Fund Advisory Board established under § 2–1604 of this subtitle.
(c) “Fund” means the Spay/Neuter Fund established under § 2–1602 of this subtitle.
Md. Code, Agriculture § 2-1602
§2–1602. IN EFFECT
// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTER 92 OF 2022 //
(a) There is a Spay/Neuter Fund in the Department.
(b) The purpose of the Fund is to reduce animal shelter overpopulation and cat and dog euthanasia rates by financing grants to local governments and animal welfare organizations for programs that most efficiently and effectively facilitate and promote the provision of spay and neuter services for cats and dogs in the State.
(c) The Department shall administer the Fund.
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e) The Fund consists of:
(1) Revenue distributed to the Fund from the fee established under § 2–1603 of this subtitle;
(2) Money appropriated in the State budget to the Fund;
(3) Any investment earnings of the Fund; and
(4) Any other money from any other source accepted for the benefit of the Fund.
(f) (1) The Fund may be used only as described in this subsection.
(2) (i) The Fund may be used to finance selected competitive grant proposals submitted by a local government or an animal welfare organization to facilitate and promote the provision of spay and neuter services for cats and dogs.
(ii) The Department shall solicit and evaluate competitive grant proposals.
(iii) A competitive grant proposal:
1. Shall target low–income communities and populations to the maximum extent possible and detail how that goal is to be accomplished;
2. May target feral cat populations if the Department determines that this targeting does not violate local law;
3. Shall efficiently and effectively facilitate and promote the provision of spay and neuter services for cats and dogs; and
4. May include public education and outreach components.
(iv) The Department shall evaluate a competitive grant proposal based on:
1. The standards established under subparagraph (iii) of this paragraph; and
2. Any additional standards the Department adopts by regulation consistent with this section.
(v) The Department shall adopt regulations requiring a grant recipient to report relevant information on how the grant was used, including data on the number and type of spay or neuter surgeries performed and a description of any public education and outreach implemented.
(3) The Department may use money in the Fund:
(i) To finance public education and outreach efforts for the competitive grant program; and
(ii) For the reasonable costs of administering the Fund.
(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2) Any investment earnings of the Fund shall be paid into the Fund.
(h) Beginning January 1, 2014, each county and municipal animal control shelter and each organization that contracts with a county or municipality for animal control shall report quarterly to the Department on a form prescribed by the Department describing for the previous 3 months:
(1) The number of cats and dogs taken in;
(2) The number of cats and dogs disposed of, broken down by method of disposal, including euthanasia; and
(3) Any other relevant data the Department requires.
(i) By August 31, 2014, and each year thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly that describes the activities financed by the Fund in the previous fiscal year, including:
(1) A description of all grant proposals selected for funding and grant programs implemented;
(2) A statement of the number of spay and neuter surgeries performed under each grant proposal selected;
(3) A description of and accounting for any public education and outreach efforts made for the benefit of Fund programs; and
(4) A summary of the information reported to the Department by local animal control shelters and organizations that contract with local governments for animal control under subsection (h) of this section.
Md. Code, Agriculture § 2-1603
§2–1603. IN EFFECT
// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTER 92 OF 2022 //
(a) (1) In accordance with paragraph (2) of this subsection, the Secretary shall establish a fee on each brand name or product name of commercial feed that is:
(i) Prepared and distributed for consumption by a dog or cat; and
(ii) Registered in the State under § 6–107 of this article.
(2) The fee established under this subsection is:
(i) From October 1, 2013, through September 30, 2014, inclusive, $50;
(ii) From October 1, 2014, through September 30, 2015, inclusive, $75; and
(iii) After September 30, 2015, $100.
(b) The fee established under subsection (a) of this section shall be paid by the person registering the commercial feed in accordance with the collection and reporting guidelines established by the Department by regulation.
(c) Any fee collected under this section shall be paid into the Fund.
Md. Code, Agriculture § 2-1604
§2–1604. IN EFFECT
// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTER 92 OF 2022 //
(a) There is a Spay/Neuter Advisory Board.
(b) The Advisory Board consists of:
(1) The Secretary, or the Secretary’s designee; and
(2) The following members, appointed by the Secretary:
(i) One representative of a private animal shelter;
(ii) One veterinarian;
(iii) One representative of a local animal control agency;
(iv) One representative of the pet food industry; and
(v) Two representatives of animal welfare advocacy organizations.
(c) The Secretary shall designate the chair of the Advisory Board.
(d) The Department shall provide staff support for the Advisory Board.
(e) A member of the Advisory Board:
(1) May not receive compensation as a member of the Advisory Board; but
(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(f) The Advisory Board shall advise the Department with respect to:
(1) The administration of the Fund;
(2) The solicitation and evaluation of competitive grant proposals;
(3) Appropriate additional standards for grant proposals;
(4) Additional relevant data that the Department should require from local animal shelters and appropriate animal control organizations;
(5) The adoption of regulations that implement this subtitle; and
(6) Any other appropriate matter with respect to the implementation of the Fund in the discretion of the Department.
Md. Code, Agriculture § 2-1605
§2–1605. IN EFFECT
// EFFECTIVE UNTIL SEPTEMBER 30, 2032 PER CHAPTER 92 OF 2022 //
The Department may adopt regulations to implement this subtitle.
Md. Code, Agriculture § 2-1701
In this subtitle, “animal shelter” means:
(1) A county or municipal animal control facility;
(2) An organization that contracts with a county or municipality for animal control; or
(3) An organization that shelters animals and has received a grant from the Spay/Neuter Fund under Subtitle 16 of this title during the previous year.
Md. Code, Agriculture § 2-1702
(a) The General Assembly finds that animal shelters perform an integral community service.
(b) It is the intent of the General Assembly to enhance animal shelter services by promoting humane animal sheltering policies and strengthening community safety.
Md. Code, Agriculture § 2-1703
(a) On or before January 1, 2017, an animal shelter shall establish a written veterinary care protocol for dogs and cats that is consistent with guidelines set forth in the most recent Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters with respect to:
(1) Basic care;
(2) Sanitation;
(3) Population management;
(4) Disease control and prevention;
(5) Behavioral health and mental well–being; and
(6) Euthanasia.
(b) The written veterinary care protocol shall include:
(1) Standards that are necessary to protect sheltered dogs’ and cats’ health, safety, and well–being; and
(2) A plan for:
(i) Quality of life enrichment;
(ii) Veterinary care;
(iii) Prevention and control of contagious and other diseases; and
(iv) Any other health and environmental factors that materially affect sheltered dogs’ and cats’ health, safety, and well–being.
(c) An animal shelter may disregard its written veterinary care protocol for a dog or cat that is deemed to be too vicious or dangerous to permit safe handling.
(d) An animal shelter shall update its written veterinary care protocol as necessary to reasonably accommodate any subsequent updates to the Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters.
(e) On request, an animal shelter shall make its written veterinary care protocol available to the public and the Department.
Md. Code, Agriculture § 2-1704
(a) On or before January 1, 2017, an animal shelter shall establish and make available to the public on the animal shelter’s Web site or in a conspicuous location within the animal shelter’s facility:
(1) A written protocol for reclaiming animals from the animal shelter that includes:
(i) The minimum holding period for stray animals;
(ii) The hours of operation during which an animal may be reclaimed by the animal’s owner or caregiver;
(iii) The fees associated with reclaiming an animal; and
(iv) Any identification or documentation that must be provided to the animal shelter before an animal may be reclaimed; and
(2) An annual summary of intake and disposition data reported to the Department in accordance with § 2–1602 of this title.
(b) An animal shelter shall follow its written protocol for reclaiming animals.
Md. Code, Agriculture § 2-1705
(a) On or before January 1, 2018, the Department shall adopt minimum standards of care for dogs and cats in animal shelters that are consistent with:
(1) The most recent Association of Shelter Veterinarians’ Guidelines for Standards of Care in Animal Shelters; and
(2) The most recent guidelines for standards of care in animal shelters prepared by the Professional Animal Workers of Maryland.
(b) An animal shelter shall follow the minimum standards of care adopted by the Department.
Md. Code, Agriculture § 2-1706
On or before January 1, 2018, the Department shall adopt regulations to enforce this subtitle.
Md. Code, Agriculture § 2-1707
(a) A person who violates this subtitle is subject to a civil penalty not exceeding $500.
(b) The criminal penalties under Title 12, Subtitle 1 of this article do not apply to this subtitle.
Md. Code, Agriculture § 2-1801
(a) In this section, “neonicotinoid pesticide” has the meaning stated in § 5–2A–01 of this article.
(b) (1) On or before July 1, 2017, subject to paragraph (2) of this subsection, the Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration, in consultation with the Department, each shall establish a pollinator habitat plan.
(2) A pollinator habitat plan required under this subsection:
(i) Shall include best management practices for the designation, maintenance, creation, enhancement, and restoration of pollinator habitat areas;
(ii) Shall be as protective of pollinators as the Department’s managed pollinator protection plan;
(iii) May not require an action on land that is inconsistent with any federal, State, or local law, regulation, rule, or guidance that applies to the land;
(iv) May not require the creation of pollinator habitat on productive farmland; and
(v) Except as provided in paragraph (3) of this subsection, may not allow the use of the following pesticides, seeds, or plants in an area designated or created as a pollinator habitat area in accordance with a pollinator habitat plan:
1. Neonicotinoid pesticides;
2. Pesticides labeled as toxic to bees or other pollinators; or
3. Seeds or plants treated with a neonicotinoid pesticide.
(3) (i) Pesticides labeled as toxic to bees or other pollinators that are not neonicotinoid pesticides may be used in an area designated or created as a pollinator habitat area under a pollinator habitat plan if the Secretary of Health determines that the use is necessary to respond to a specific instance of threat to public health.
(ii) A pollinator habitat plan required under this subsection may not restrict a farmer, or a person working under the supervision of a farmer, from using the pesticides, seeds, or plants specified under paragraph (2)(v) of this subsection for agricultural purposes, including:
1. Crop production;
2. Livestock;
3. Poultry;
4. Equine; and
5. Noncrop agricultural fields.
(c) (1) (i) In addition to the requirements under subsection (b) of this section, the State Highway Administration’s pollinator habitat plan shall include policies and procedures:
1. To encourage the use of pollinator–friendly native plants along State highways;
2. To develop and maintain pollinator habitat areas along State highways, to the extent reasonable and feasible and in accordance with relevant safety standards for drivers, bicyclists, and pedestrians; and
3. For educating and communicating with the public about pollinator habitat areas along State highways.
(ii) In developing the policies and procedures required under subparagraph (i) of this paragraph, the State Highway Administration shall consider the Federal Highway Administration’s publication on Roadside Best Management Practices that Benefit Pollinators.
(iii) The policies and procedures for educating and communicating with the public under item (i)3 of this paragraph may include:
1. Placing and maintaining, in accordance with any applicable provisions in Title 8, Subtitle 7 of the Transportation Article, of informational signs along State highways;
2. Publishing information on the website of the State Highway Administration and associated social media platforms; and
3. Outreach to community associations and elected officials.
(2) The State Highway Administration shall:
(i) Track and evaluate federal programs that provide funding for pollinator habitats, native plants, and invasive species control, including funding under the federal Infrastructure Investment and Jobs Act of 2021; and
(ii) Apply for any funding that the Administration determines appropriate and beneficial to pollinator habitats in the State.
(d) (1) The Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration each shall:
(i) On or before September 1, 2017, make available to the public on its website the pollinator habitat plan established in accordance with subsection (b) of this section; and
(ii) On or before July 1, 2018, implement the pollinator habitat plan established in accordance with subsection (b) of this section.
(2) On or before October 1, 2024, and each October 1 thereafter, the State Highway Administration shall update the pollinator habitat plan published on its website to include:
(i) Current policies and procedures adopted in accordance with subsection (c) of this section; and
(ii) A list of the location and approximate size of current pollinator habitat areas maintained by the Administration.
Md. Code, Agriculture § 2-1901
§2–1901. IN EFFECT
(a) (1) In this subtitle the following words have the meanings indicated.
(2) (i) “Healthy soils” means the continuing capacity of soil to:
1. Function as a biological system;
2. Increase soil organic matter;
3. Improve soil structure and water and nutrient holding capacity; and
4. Sequester carbon and reduce greenhouse gas emissions.
(ii) “Healthy soils” may include regenerative practices and traditions.
(3) “Program” means the Maryland Healthy Soils Program.
(4) (i) “Regenerative practices and traditions” means a form of land management and stewardship approaches and practices that:
1. Draws on traditions and innovations from African, Indigenous, and original land stewards;
2. Promotes culturally important food and climate justice programs and initiatives; and
3. Enhances the land and ecosystem through adaptive land management practices that improve soil health and water quality, restore biodiversity, mitigate climate change impacts, and provide the greatest community benefits.
(ii) “Regenerative practices and traditions” includes practices such as producing food in the State for distribution within the State.
(b) There is a Maryland Healthy Soils Program.
(c) The purpose of the Program is to:
(1) Improve the health, yield, and profitability of the soils of the State;
(2) Increase biological activity and carbon sequestration in the soils of the State by promoting practices based on emerging soil science, including planting mixed cover crops, adopting no–till or low–till farming practices, and rotation grazing; and
(3) Promote widespread use of healthy soils practices among farmers in the State.
(d) To carry out the purposes of the Program, the Department shall:
(1) Provide incentives, including research, education, technical assistance, and, subject to available funding, financial assistance, to farmers to implement farm management practices that contribute to healthy soils; and
(2) Determine whether the Program may be implemented in a manner to enhance other State and federal programs that provide financial assistance to farmers.
(e) In each of fiscal years 2024 through 2028, the Governor shall include in the annual budget bill an appropriation of at least $500,000 for the Program.
§2–1901. // EFFECTIVE JUNE 30, 2030 PER CHAPTER 38 OF 2022 //
(a) (1) In this subtitle the following words have the meanings indicated.
(2) (i) “Healthy soils” means the continuing capacity of soil to:
1. Function as a biological system;
2. Increase soil organic matter;
3. Improve soil structure and water and nutrient holding capacity; and
4. Sequester carbon and reduce greenhouse gas emissions.
(ii) “Healthy soils” may include regenerative practices and traditions.
(3) “Program” means the Maryland Healthy Soils Program.
(4) (i) “Regenerative practices and traditions” means a form of land management and stewardship approaches and practices that:
1. Draws on traditions and innovations from African, Indigenous, and original land stewards;
2. Promotes culturally important food and climate justice programs and initiatives; and
3. Enhances the land and ecosystem through adaptive land management practices that improve soil health and water quality, restore biodiversity, mitigate climate change impacts, and provide the greatest community benefits.
(ii) “Regenerative practices and traditions” includes practices such as producing food in the State for distribution within the State.
(b) There is a Maryland Healthy Soils Program.
(c) The purpose of the Program is to:
(1) Improve the health, yield, and profitability of the soils of the State;
(2) Increase biological activity and carbon sequestration in the soils of the State by promoting practices based on emerging soil science, including planting mixed cover crops, adopting no–till or low–till farming practices, and rotation grazing; and
(3) Promote widespread use of healthy soils practices among farmers in the State.
(d) To carry out the purposes of the Program, the Department shall:
(1) Provide incentives, including research, education, technical assistance, and, subject to available funding, financial assistance, to farmers to implement farm management practices that contribute to healthy soils; and
(2) Determine whether the Program may be implemented in a manner to enhance other State and federal programs that provide financial assistance to farmers.
Md. Code, Agriculture § 2-2001
(a) In this subtitle the following words have the meanings indicated.
(b) “Farm product” means:
(1) Any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw, canned, frozen, dried, pickled, or otherwise processed;
(2) Livestock, meats, marine food products, poultry, eggs, or dairy products;
(3) Wool, hides, feathers, nuts, or honey; and
(4) Every product of farm, forest, orchard, garden, or water.
(c) “Fund” means the Urban Agriculture Grant Fund.
(d) “Program” means the Urban Agriculture Grant Program.
(e) “Qualified applicant” means an agricultural producer, a nonprofit organization, or an institution of higher education that meets the qualifications established in § 2–2004 of this subtitle.
(f) “Urban agricultural producer” means any person that annually sells, or normally would have sold, $1,000 or more of farm products in an urban area.
(g) “Urban area” means an area of the State that is:
(1) Delineated as an urban area by the U.S. Census Bureau; or
(2) Within the boundaries of a municipal corporation.
Md. Code, Agriculture § 2-2002
(a) There is an Urban Agriculture Grant Program in the Department.
(b) The purpose of the Program is to increase the viability of urban farming and improve access to urban–grown foods.
Md. Code, Agriculture § 2-2003
(a) There is an Urban Agriculture Grant Fund.
(b) The purpose of the Fund is to provide grants to qualified applicants to implement the Program.
(c) The Secretary shall administer the Fund.
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e) The Fund consists of:
(1) Money appropriated to the Fund under subsection (g) of this section; and
(2) Any other money from any other source accepted for the benefit of the Fund.
(f) In accordance with this subsection, the Fund shall be used to provide grants to qualified applicants.
(g) For each of fiscal years 2025, 2026, 2027, 2028, and 2029, the Governor shall include in the annual budget bill an appropriation of at least $100,000 to the Fund.
(h) (1) There is an Urban Agriculture Advisory Committee to recommend guidelines, policies, and practices for the implementation of the Urban Agriculture Grant Program.
(2) The Committee consists of the following members:
(i) Five members, appointed by the Secretary, with expertise in urban agriculture or working with socially disadvantaged farmers who reside in Anne Arundel County, Baltimore City, Montgomery County, or Prince George’s County;
(ii) Two members, appointed by the Secretary, with expertise in providing education and training to urban farmers through a nonprofit organization or an institution of higher education;
(iii) One member appointed by the Maryland Agricultural and Resource–Based Industry Development Corporation;
(iv) One member appointed by the Maryland State Conference of the National Association for the Advancement of Colored People (NAACP); and
(v) One member appointed by the Department of Planning for the City of Baltimore.
(3) The Secretary shall designate the chair of the Committee.
(4) The Department shall provide staff for the Committee.
(5) A member of the Committee:
(i) May not receive compensation as a member of the Committee; but
(ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(6) The Committee shall make recommendations that:
(i) Establish a competitive grant application process that prioritizes applications that benefit socially disadvantaged urban farmers to:
1. Secure real property:
A. That has established the necessary infrastructure to grow food;
B. For which the grantee is the steward of the real property; and
C. For which not more than 20% of the grant money will be used to secure property;
2. Maintain safe, environmentally sustainable, and socially responsible practices; and
3. Make capital improvements to support viable urban agriculture enterprises;
(ii) Require that grant applications demonstrate a measurable community benefit, which may include improving local food access; and
(iii) Prohibit grant recipients from using more than 15% of the amount of the grant for operating expenses.
(7) On or before December 30, 2023, and each December 30 thereafter, the Urban Agriculture Advisory Committee shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee.
Md. Code, Agriculture § 2-2004
(a) A nonprofit organization or an institution of higher education is qualified to receive a grant in accordance with this subtitle if the Department determines:
(1) With respect to a nonprofit organization, that the nonprofit organization is incorporated or maintains its principal place of business in an urban area;
(2) That the entity works to increase the viability of urban farming and improve access to urban–grown foods; and
(3) That the entity will provide direct training and ongoing technical assistance, in accordance with a program that is certified by the U.S. Department of Agriculture or the Department, to urban agricultural producers that receive a grant under this subtitle.
(b) An urban agricultural producer is qualified to receive a grant in accordance with this subtitle if the Department determines that the urban agricultural producer will complete a new farming training or continuing education program.
(c) Within 90 days after the end of a grant cycle, a qualified nonprofit organization that received a grant in accordance with this subtitle shall submit a report to the Department that includes the following information:
(1) The names and locations of urban agricultural producers that received funds under the Program;
(2) The dollar amount of funds awarded to each urban agricultural producer; and
(3) The impact of the Program on increasing the viability of urban farming and improving access to urban–grown foods.
Md. Code, Agriculture § 2-2005
Except as provided in § 2–2003(h) of this subtitle, the Department may adopt regulations to implement this subtitle.
Md. Code, Agriculture § 2-2101
(a) In this subtitle the following words have the meanings indicated.
(b) “Farm product” means:
(1) Any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw or canned, frozen, dried, pickled, or otherwise processed;
(2) Livestock, meats, marine food products, poultry, eggs, or dairy products;
(3) Wool, hides, feathers, nuts, or honey; or
(4) Any product of farm, forest, orchard, garden, or water.
(c) “Fund” means the Urban Agriculture Water and Power Infrastructure Grant Fund.
(d) “Program” means the Urban Agriculture Water and Power Infrastructure Grant Program.
(e) “Qualified nonprofit organization” means a nonprofit organization that operates a farm or community garden in an area of the State delineated as an urban area by the U.S. Census Bureau.
(f) “Urban agricultural producer” means any person that:
(1) Annually produces farm products in an area of the State that is:
(i) Delineated as an urban area by the U.S. Census Bureau; or
(ii) Within the boundaries of a municipal corporation; and
(2) Sells, plans to sell, or normally would have sold at least $1,000 annually of farm products produced from a farming operation in the State.
Md. Code, Agriculture § 2-2102
(a) There is an Urban Agriculture Water and Power Infrastructure Grant Program in the Department.
(b) The purpose of the Program is to increase the viability of urban farming and community gardens and improve access to urban–grown foods.
Md. Code, Agriculture § 2-2103
(a) There is an Urban Agriculture Water and Power Infrastructure Grant Fund.
(b) The purpose of the Fund is to provide grants to urban agricultural producers and qualified nonprofit organizations for the purchase and installation of:
(1) Agriculture equipment associated with water supply and irrigation; and
(2) Electric power access.
(c) The Secretary shall administer the Fund.
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e) The Fund consists of:
(1) Money appropriated in the State budget to the Fund;
(2) Money appropriated to the Fund under § 13–209 of the Tax – Property Article; and
(3) Any other money from any other source accepted for the benefit of the Fund.
(f) The Fund may be used only for:
(1) Providing up to 87.5% of matching funds to urban agricultural producers and qualified nonprofit organizations for the purchase and installation of:
(i) Water meters;
(ii) Water pipes;
(iii) Irrigation hoses;
(iv) Electric meters;
(v) Electrical lines; or
(vi) Any other equipment associated with water supply and irrigation or electric power access the Department determines is appropriate; and
(2) Administrative costs for the Department to administer the Program.
(g) On or before October 15 each year, beginning in 2024, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee on the effectiveness of the funding provided under this section.
Md. Code, Agriculture § 2-2104
The Department shall adopt regulations to carry out this subtitle.
Md. Code, Agriculture § 2-2201
In this subtitle, “value–added agriculture”:
(1) Means the alteration or enhancement of a raw agricultural product, including livestock, or an agricultural service in a way that increases the product or service’s worth to a consumer and brings more revenue to a farmer, producer, or processor; and
(2) Includes all enterprises, including those providing equine activities, in which an agricultural business or the agricultural business’s products or services are altered, marketed, produced, or processed in a way that adds income to a farmer, producer, or processor.
Md. Code, Agriculture § 2-2202
(a) The State Specialist for Value–Added Agriculture shall:
(1) Serve as the primary point of contact for individuals engaging in, or interested in engaging in, value–added agriculture in the State;
(2) Provide information regarding State and federal regulations relating to value–added agriculture;
(3) Act as a liaison between State and federal partners involved in value–added agriculture; and
(4) Perform any other duty or function that supports value–added agriculture in the State, as required by the Secretary.
(b) The State Specialist for Value–Added Agriculture shall receive a salary as provided in the State budget.
Md. Code, Agriculture § 2-2301
(a) The Department shall coordinate with the Maryland Energy Administration, the Department of the Environment, the Department of Commerce, the University of Maryland College of Agriculture and Natural Resources, the University of Maryland Eastern Shore, electric companies, farmers, and industry to ensure anaerobic digestion technology projects are appropriately coordinated.
(b) (1) The Department, in coordination with the Maryland Energy Administration, the Department of the Environment, and the Department of Commerce, shall establish guidance for farmers regarding the development and implementation of anaerobic digestion technology.
(2) The guidance established under paragraph (1) of this subsection shall include information on:
(i) Obtaining required permits and electric interconnection;
(ii) Available tax incentives and energy rebates; and
(iii) Relevant regulations for waste systems, including for systems that incorporate animal waste and other resources, such as food waste.
Md. Code, Agriculture § 2-2401
§2–2401. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025 //
(a) In this subtitle the following words have the meanings indicated.
(b) “Community best practice” means a farm’s or farmer’s demonstrated engagement with Maryland communities as it relates to:
(1) The production, sale, or distribution of Maryland farm products; or
(2) Providing service to an organization whose focus is advancing Maryland’s agricultural industry, environmental outcomes, conservation practices, or agricultural research and education.
(c) “Conservation practice” means an agricultural practice that:
(1) Prevents or treats problems with soil, water, air, plant, or animal sources of pollution; and
(2) Has a standard method of construction or application that is developed by the Natural Resources Conservation Service and listed in the Service’s Maryland Field Office Technical Guide.
(d) (1) “Fixed natural buffer” means a strip of maintained, native vegetation alongside a body of water.
(2) “Fixed natural buffer” includes the following fixed natural filter practices:
(i) The planting of riparian forest buffers;
(ii) The planting of riparian herbaceous cover;
(iii) Tree plantings that are on agricultural land; and
(iv) Wetland restoration.
(3) “Fixed natural buffer” does not include pasture management, as described under § 8–701(d)(5) of this article.
(e) “100–foot tidal buffer” means any land within 100 feet of:
(1) The mean high water line of tidal waters;
(2) The edge of each bank of a tributary tidal stream; or
(3) The landward boundary of a tidal wetland.
(f) “Program” means the Maryland Leaders in Environmentally Engaged Farming (LEEF) Program established under § 2–2402 of this subtitle.
Md. Code, Agriculture § 2-2402
§2–2402. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025 //
(a) There is a Maryland Leaders in Environmentally Engaged Farming (LEEF) Program.
(b) The purposes of the Program are to:
(1) Invigorate strategies to:
(i) Reduce nutrients in support of Chesapeake Bay watershed restoration;
(ii) Mitigate farm emissions and increase carbon sequestration in accordance with Maryland’s Climate Pollution Reduction Plan; and
(iii) Align environmental goals and initiatives of the Department and the State while enhancing farm profitability;
(2) Provide producers with greater incentives to voluntarily participate in the adoption of multiple conservation practices and community best practices within individual agricultural operations or across multiple operations that are in close proximity to one another;
(3) Establish tiers of recognition for producers to be evaluated for Program certification; and
(4) Provide State funds to incentivize the coordinated adoption of conservation practices and community best practices to achieve environmental, social, and climate resiliency benefits and nutrient and sediment reduction.
Md. Code, Agriculture § 2-2403
§2–2403. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025 //
To carry out the purposes of the Program the Department shall, subject to the discretion of the Secretary:
(1) Assign a Program administrator and provide for adequate administrative support;
(2) In consultation with members of the agricultural, conservation, environmental, and higher education communities, develop and promote a suite of conservation practices and community best practices eligible for the Program, including:
(i) Conservation tillage;
(ii) Nutrient input reduction;
(iii) Cover crop plantings;
(iv) Use of natural filters;
(v) Conserving and increasing wildlife and pollinator habitats;
(vi) Healthy soils practices;
(vii) Facilitating work experience focused on agriculture in underserved communities;
(viii) Partnering with operators to improve conservation practices on leased land;
(ix) Liaising between the Department and underserved communities to facilitate outreach and identify barriers to Department programs reaching broader audiences;
(x) Participating in the Farmers’ Market Nutrition Program;
(xi) Partnering with food banks or nonprofit organizations to address food insecurity;
(xii) Participating in the Certified Local Farm and Fish Program;
(xiii) Using on–farm renewable energy;
(xiv) Mentoring new and beginning farmers;
(xv) Partnering with an institution of higher education or qualified technical service provider to conduct field–based research; or
(xvi) Installation of a fixed natural buffer, including within a 100–foot tidal buffer;
(3) In consultation with members of the agricultural, conservation, environmental, and higher education communities, develop criteria and appropriate evaluation measures to establish the tiers of recognition for Program certification that includes consideration of:
(i) Proximity of a conservation practice or community best practice to waters of the State;
(ii) The extent to which a conservation practice or community best practice protects or restores the Chesapeake and Atlantic Coastal Bays Critical Area or other area designated for regulation or special protection under a federal or State law; and
(iii) The extent to which a conservation practice or community best practice engages with and benefits overburdened and underserved communities;
(4) Evaluate applications on a continuing basis and confirm participant compliance with Program criteria; and
(5) Coordinate with the Department of Natural Resources, the Department of the Environment, and the Maryland Energy Administration, as appropriate, to establish incentives for participation in the Program.
Md. Code, Agriculture § 2-2404
§2–2404. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025 //
(a) In this section, “Fund” means the Maryland Leaders in Environmentally Engaged Farming (LEEF) Program Fund.
(b) There is a Maryland Leaders in Environmentally Engaged Farming (LEEF) Program Fund in the Department.
(c) The Department shall administer the Fund.
(d) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e) For fiscal year 2026 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $900,000 to the Fund.
(f) (1) The Fund may be used only to:
(i) Support actions associated with fulfilling the Program’s purpose; and
(ii) Subject to paragraph (2) of this subsection, cover the Department’s administrative costs to administer the Program.
(2) In each fiscal year, not more than 20% of the Fund may be used for administrative costs of the Department.
Md. Code, Agriculture § 2-2405
§2–2405. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 430 OF 2025//
The Department may adopt regulations to carry out this subtitle.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026