[HISTORY: Adopted by the County Commissioners of Kent County 9-21-2004
by Bill No. 4-2004. (This bill also repealed former Ch. 84, Farming, adopted 9-5-1989
by Bill No. 5-89.) Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the right to
farm or engage in agricultural interests within Kent County; to further the
efficient regulation of land use in Kent County; and to assist in the resolution
of disputes between agricultural landowners and/or farmers and their neighbors
by the establishment of the Kent County Agricultural Resolution Board to resolve
disputes concerning alleged agricultural nuisances.
B.
This chapter shall not in any way restrict or impede
the authority of the state or County to protect the public health, safety,
or welfare.
C.
The public interest is served through this chapter by
promoting a clearer understanding between agricultural operations and nonagricultural
neighbors concerning the normal inconveniences of agricultural operations
that follow standard and generally accepted agricultural practices and do
not endanger public health or safety.
D.
This chapter is not intended to and shall not modify
or abridge local, state or federal laws relating to health, safety, zoning,
licensing requirements, or environmental standards. The provisions of this
chapter do not supersede the Kent County Land Use Ordinance and do not in
any way alter any County, state or federal permitting process.
As used in this chapter, the following terms shall have the meanings
indicated:
Real property within the boundaries of Kent County within the Agricultural
Zoning District and the Resource Conservation District and all other land
that has been used as an agricultural operation continuously for one year.
The cultivation and tillage of the soil; composting; spraying; production,
harvesting and processing of agricultural crops; use of irrigation and spreading
of manure, lime, fertilizer, and other soil nutrients and/or improvements;
raising livestock; raising poultry and other fowl; production of eggs; production
of milk and dairy products; production of fruit, vegetable. ornamentals, and
other horticultural crops; aquaculture; production of timber and any commercial
agricultural procedure performed as incident to or in conjunction with such
operations, including preparation for market, delivery to storage or to market.
Also, the use of land for the furtherance of educational and social goals,
including but not limited to 4-H clubs, Future Farmers of America (FFA), agro-tourism
and alternative agricultural enterprises, and the like. The term also includes,
but is not limited to, all matters set forth in the definition of "agricultural
operation" in Courts and Judicial Proceedings Article, § 5-403(a),
of the Annotated Code, as amended from time to time; and the production of
all matters encompassed within the definition of "farm product" in the Agriculture
Article of the Annotated Code, § 10-601(c), as amended from time
to time.
All methods of crop and livestock production and management of vegetation
and soil. This includes, but is not limited to, the related activities of
tillage, fertilization, pest control, harvesting, and marketing. Agriculture
also includes, but is not limited to, the activities of feeding, housing,
and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs,
horses, and poultry and handling of their by-products, as well as those structures
required for support of an ongoing agricultural operation.
Conservation practices or systems of practices and management measures
that control soil loss and reduce water quality degradation caused by nutrients,
animal waste, toxins, and sediment. Agricultural best management practices
include, but are not limited to, strip cropping, terracing, contour stripping,
grass waterways, animal waste structures, ponds, minimal tillage, grass and
naturally vegetated filter strips, and proper nutrient management measures.
Any agricultural, horticultural, vegetable, or fruit product of the
soil, including livestock, meats, poultry, eggs, dairy products, wool, hides,
feathers, nuts, honey, and every product of farm, forest, orchard, garden
or water including aquacultural products, but does not include canned, frozen,
dried, or pickled products [Agriculture Article, § 10-601(c), of
the Annotated Code].
Methods used in connection with agricultural operations that do not
violate applicable federal, state or local laws or public health, safety and
welfare and which are generally accepted agricultural practices in the agriculture
industry. General accepted agricultural practices include, but are not limited
to, practices that are recognized as best management practices and methods
that are recommended by various governmental agencies, bureaus, and departments,
such as the University of Maryland Cooperative Extension, the Kent County
Soil and Water Conservation District, and the like.
A.
When conducted within standard and generally accepted
agricultural practices as recommended and/or legally approved by the Kent
County Soil and Water Conservation District, the University of Maryland Cooperative
Extension, the Maryland Department of Agriculture, the United States Department
of Agriculture or other state and federal agencies, neighboring property owners
shall have no recourse against the inherent effects of agricultural operations.
These inherent effects include, but are not limited to, smoke, noise, vibration,
odors, fumes, dust, pollen, pests, glare, runoff, the operation of machinery
of any kind during any twenty-four-hour period (including aircraft), movement
of equipment on County roads, the use of irrigation, the storage and disposal
of manure, application of fertilizer, pesticides, and other agricultural chemicals.
B.
A private action may not be sustained with respect to
an agricultural operation conducted on agricultural land on the grounds that
the agricultural operation interferes or has interfered with the use and enjoyment
of property, whether public or private, if the agricultural operation was,
at the time the interference is alleged to arise, conducted substantially
in accordance with generally accepted agricultural practices.
C.
Notwithstanding any provision of this section, no action
alleging that an agricultural operation has interfered with the reasonable
use or enjoyment of real property or personal well-being may be filed in the
Circuit Court if the plaintiff has not sought and obtained a final judgment
of the Kent County Agricultural Resolution Board.
A.
There is hereby established the Kent County Agricultural
Resolution Board ("Board"). The Board shall arbitrate and mediate disputes
involving agricultural operations conducted on agricultural lands and issue
findings concerning whether or not such agricultural operations are conducted
in a manner consistent with generally accepted agricultural practices.
B.
The Board shall be composed of five voting members appointed
by the Kent County Commissioners. Initial appointments shall not exceed three
years, beginning January 1, 2005. Subsequent appointments shall be staggered
for three-year terms with at least one term expiring each year. Members may
serve no more than three consecutive terms. Board meetings are open to the
public. The Board shall convene annually to elect a Chairman and Vice Chairman,
one of whom shall be from the agricultural community and the other of whom
shall not be from the agricultural community. The Board shall establish rules
of procedure, which shall be submitted to the Kent County Commissioners for
review and approval. Upon the request of a party or upon their own initiative,
the Chairman of the Board, or Vice Chairman in the absence of the Chairman,
shall have the power to issue subpoenas for the presence of witnesses, the
production of evidence, or both. Board members shall serve without monetary
compensation, The members of the Board shall be composed of:
C.
A representative of the University of Maryland Cooperative
Extension and a member of the Kent County Soil and Water Conservation District
shall be appointed by the Kent County Commissioners to serve as nonvoting
members of the Board. In any dispute, they may present facts and information
and expert opinions to the Board based on generally accepted scientific research
and best management agricultural practices as they pertain to a particular
dispute. The Board shall consider their opinions in any final recommendations.
D.
The Board may request that an attorney be present at
the meeting where the members believe legal advice is required to resolve
the dispute. The Kent County Administrator may authorize the Board to employ
a member of the Kent County Bar to be present and provide legal assistance.
The attorney shall be compensated at a rate not to exceed the rate of compensation
then in effect for the Kent County Attorney.
E.
Staff from the Kent County Department of Planning and
Zoning shall prepare staff reports and record and maintain minutes of the
Board in a permanent record file. The entirety of the file shall be available
for public review upon request.
A.
Complaints. Complaints of nuisances that allegedly affect
the reasonable use and enjoyment of property shall be made to the Kent County
Department of Planning and Zoning (Department of Planning). Complaints that
allege an impact to public health also shall be forwarded to the Kent County
Health Department.
B.
Investigation. Upon receipt of a written complaint, a
copy shall be provided to all parties involved, and the Department of Planning
shall initiate an investigation. The Department of Planning shall contact
both parties involved in the dispute to ensure full understanding of the nature
of the complaint. In addition, the Department of Planning shall enlist the
professional expertise of the University of Maryland Cooperative Extension,
the Kent County Soil and Water Conservation District, or other qualified experts
in the relevant field to clarify the issues pertaining to the complaint. Once
the investigation is complete, the Department of Planning shall prepare a
staff report with all pertinent information and send same to both parties.
Prior to submitting the staff report to the Kent County Agricultural Resolution
Board, the Department of Planning shall confirm that both parties wish to
proceed with a hearing before the Board.
C.
Resolution.
(1)
Upon receipt of the staff report from the Department
of Planning, the Board may request further information from the Department
of Planning staff. In accordance with the rules of procedure, the Board may
on its own initiative, or shall at the request of any party, issue subpoenas
for witnesses or pertinent evidence to be produced at the hearing. Board members
shall visit the site of the complaint prior to the formal hearing.
(2)
Within 45 days of receipt of the written complaint and the staff report from the Department of Planning, the Board shall schedule a formal hearing. Notice shall be sent to all parties at least 10 days prior to the hearing. The Board may request legal assistance as provided in § 84-4D. All parties involved in the complaint shall have an opportunity to present pertinent facts, be represented by counsel, examine and cross-examine witnesses, and present oral and written information to the Board. The formal rules of evidence shall not apply. The proceedings shall be recorded and a record kept of all exhibits offered by any party.
(3)
The Board shall decide whether the particular agricultural
practice does or does not conform to generally accepted agricultural practices.
The Board's decision in this respect creates a rebuttable presumption
which shall be admissible in evidence in any subsequent civil proceeding in
the Circuit Court arising out of the matters set forth in the complaint. In
addition, if the Board finds that a particular practice alleged in the complaint
does not conform to generally accepted agricultural practices, it may specify
and recommend alternative practices which do conform. If all parties consent
to the adoption and enforcement of those practices in full and final resolution
of the dispute, the Board shall prepare and issue a written decision to that
effect, which shall be treated in all respects as a final and binding arbitration
award.
(4)
After the formal hearing, the Board may render an immediate
verbal decision or may decide to render a written decision within 30 days
after the formal hearing, which shall include findings of fact and a statement
of reasons for the decision. A copy of any written decision shall be mailed
to the parties.
(5)
The decision of the Board may be appealed in the Circuit
Court in accordance with Title 7, Chapter 200 of the Maryland Rules. Any appeal
shall be filed within 30 days of the date of the decision. In the absence
of an appeal, the Board's decision shall he final.
A.
Real estate transfer disclosure statement. An additional
purpose of this chapter is to promote a good neighbor policy by advising purchasers
and users of property adjacent to or near agricultural land and agricultural
operations of the inherent effects associated with the agricultural industry
as a whole. Upon any transfer of real property by any means, the transferor
shall provide the purchaser or lessee a statement specifically advising the
purchaser or lessee of the existence of this chapter that shall be substantially
in the form approved by the Kent County Zoning Administrator and by resolution
of the Board of County Commissioners. The transferor shall require that the
purchaser or lessee sign the statement and have it recorded by the Kent County
Clerk of Court.
B.
Plat disclosure, For any subdivision approved within
the Agricultural Zoning District or Resource Conservation District or abutting
an existing agricultural operation, the plat shall contain a statement acknowledging
the existence of this chapter that shall be substantially in the form approved
by the Kent County Zoning Administrator and by resolution of the Board of
County Commissioners.
C.
Right-to-farm notice. In order to inform Kent County
residents of the existence of this chapter, a copy of the right-to-farm notice
shall be mailed to all owners of real property in Kent County in substantially
the form approved by the Kent County Zoning Administrator and by resolution
of the Board of County Commissioners. This mailing shall occur once with the
first annual tax bill after the effective date of this chapter.
D.
Failure to comply. Failure to comply with § 84-6A and § 84-6C above concerning the real estate transfer disclosure statement and right-to-farm notice shall not prevent the recording of any document, shall have no effect on the title to real property or any mortgage or deed of trust made in good faith or for value, and it shall not affect the application of this chapter.
