[HISTORY: Adopted by the Board of County Commissioners of
Charles County 1-26-1988 by Ord. No. 88-7.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land records — See Ch. 77.
Zoning — See Ch. 145.
Planning Commission — See Ch. 200.
Flood damage control — See Ch. 238.
Subdivision regulations — See Ch. 278.
Zoning regulations — See Ch. 297.
[1]
Editor's Note: This ordinance repealed Ord. No. 80-43, adopted
6-11-1980, which appeared as former Ch. 215.
This chapter shall apply to all existing agricultural land preservation
districts and any district created under this chapter.
A.
In accord with statutory provisions referenced above, agricultural
preservation districts may be established in Charles County. Such
districts shall provide for the protection of normal agricultural
activities in the districts through the following provisions:
(1)
Any farm use of land is permitted. This includes but is not limited
to the following types of enterprises: tobacco, grain, oil crops,
hay, vegetables, horticulture, floriculture, turf, specialty crops,
garden plots, forestry, tree farming, biomass production, livestock,
poultry, dairy, apiary, wildlife or game preserve, fish, game or poultry
hatchery and aquaculture.
(2)
Operation, at any time, of machinery used in farm production or the
processing of agricultural products is permitted. This includes but
is not limited to the following types of implements and equipment:
land tillage; land clearing; land leveling; crop harvesting; timber
harvesting; sawmill; application of fertilizer, minerals, soil amendments,
pesticides; irrigation; crop cleaning, drying, storage and aeration
equipment; blending, processing and storage of feed and fertilizer
for on-farm use; and devices to produce energy from solar, wind, biomass
and farm waste and residue from crops and animals.
(3)
Agricultural activities and operations in accordance with good husbandry
practices are permitted and preferred activities, including activities
which may produce normal agriculturally related noise and odors.
(4)
The sale of farm products, produced on the farm where the sales are
made, is permitted. Farm produce stands and pick-your-own fruit and
vegetable operations are permitted with the proper permits.
(5)
Buildings and structures needed for production, processing and storage
of crops and livestock and for the housing and maintenance of equipment
and implements are permitted.
B.
Prior to the approval of a preliminary subdivision plat of six or
more lots, the subdivider shall notify the owner of all adjoining
agricultural preservation districts of the fact of the proposed subdivision.
The Planning Commission will review subdivision plans which adjoin
agricultural preservation districts, taking into consideration evidence
produced by the owner of the adjoining agricultural preservation district,
and determine whether mitigation is required.
Official Maps of agricultural preservation districts shall be
maintained at the office of the Charles County Department of Planning
and Zoning and shall be revised from time to time to reflect the establishment,
alteration and abolition of agricultural preservation district boundaries.
The Official Maps shall be made current at least once a year by June
30 of each year and shall be published at the same scale as the Department
of Assessment and Taxation Property Maps.
[Amended 11-18-2014 by Bill No. 2014-08]
A.
Agricultural preservation districts shall be established in accordance
with the terms of this chapter, the current provisions of the Annotated
Code of Maryland, Agriculture Article, §§ 2-501 through
2-515, and existing regulations adopted pursuant thereto by the Maryland
Agricultural Land Preservation Foundation, or the follow terms and
criteria as of November 18, 2014:
(1)
The minimum acreage requirement for an agricultural preservation
district is 50 contiguous acres, unless the parcel is contiguous with
land already protected by conservation easement, restrictive land
preservation covenants or fee simple ownership by a conservation organization
comprising a total preservation area of at least 50 contiguous acres.
(2)
Using the USDA Soil Survey of Charles County, at least 50% of the
land shall be in capability Classes I, II, III and IV.
(3)
If the natural soil condition has been altered or topsoil has been
removed, an on-site evaluation adhering to USDA Natural Resources
Conservation Service (NRCS) approved methods and mapping procedures
must be performed by a qualified soil scientist to demonstrate that
at least 50% of the land remains as productive as soil capability
Classes I, II, III, and IV. The on-site evaluation must be approved
by the Charles Soil Conservation District.
(4)
A landowner may withhold acreage from the agricultural preservation
district so long as the amount of land withheld does not exceed 10%
of the total acreage of the existing parcels subject to the district
application. Withheld acreage shall be located so as to have minimal
impact to the farm and forest operations of the agricultural land
preservation district.
(5)
The owner of the property must have and maintain an agricultural
use assessment as determined by the Maryland State Department of Assessments
and Taxation (SDAT).
(6)
The establishment of the district shall not take effect until all
landowners of the proposed district have executed a district agreement,
stipulating that the landowners agree to the provisions of this chapter
and to keep the land in agricultural or forestry use for a minimum
period of five years, and the agreement is recorded among the land
records of Charles County.
(7)
In the event of severe economic hardship, or other change in circumstance
that would warrant consideration of release, the County Commissioners,
with recommendation from the Agricultural Land Preservation Advisory
Board, may release the landowner's property from the district
agreement. Nothing in this section shall preclude the landowner from
selling the property.
B.
With at least 30 days' notice, owners of parcels of land enrolled
in agricultural land preservation districts from which no development
rights have been conveyed may request to terminate their district
agreement after five or more years from the date the district agreement
was executed. Written notice of such intent shall be addressed to
the County Commissioners of Charles County.
C.
All records concerning the establishment of agricultural preservation
districts shall be maintained in the office of the Charles County
Department of Planning and Zoning.
[Added 2-7-1989 by Ord. No. 89-17; amended 4-11-1989 by Ord. No.
89-36]
A.
The owner of all agricultural land, including farm improvements,
which is located in an agricultural preservation district established
pursuant to this chapter shall be entitled to a property tax credit
against the County tax for all agricultural land, including farm improvements,
which is located in an agricultural preservation district established
pursuant to this chapter.
B.
The property tax credit shall not be applicable to any residential
structures located within an agricultural preservation district.
C.
In order to be eligible for the property tax credit, the agricultural
preservation district must be approved by the Maryland Agricultural
Preservation Foundation on or before April 1 for the ensuing fiscal
year for which application is made for the property tax credit.
D.
The property tax credit shall be applicable for each year during
which the agricultural land is located in an agricultural preservation
district.
E.
At such time as the agricultural preservation district is terminated
or ceases to be in effect, the owner of the agricultural land shall
pay to Charles County an amount of money equal to the total of the
property tax credits granted in the preceding four years. The County
shall have a lien on the agricultural land to the extent of the amount
of the property tax credits granted in the preceding four years. The
owner of the agricultural land shall pay the amount of money as above
determined within 30 days of receiving a demand therefor. Thereafter,
the amount of money shall bear interest at the rate of 10% per annum.
The agricultural land shall not be transferred on the assessment records
of Charles County until such time as the amount of money as above
determined is paid to Charles County.
F.
The property tax credit shall be administered by the Director of
Fiscal Services who is hereby authorized to adopt rules and regulations
deemed necessary to provide for the orderly and systematic implementation
of the property tax credit. The Director may require that an application
be filed for the property tax credit. The Director is authorized to
approve refunds of County property tax which is paid by the owner
prior to the approval of a property tax credit authorized by this
section.
Prior to the establishment of an agricultural preservation district,
the owner of the property desired to be established as an agricultural
preservation district shall secure a soil conservation and water quality
plan, prepared in cooperation with the Charles Soil Conservation District.
The conservation plan shall be incorporated into the agreement establishing
an agricultural preservation district. The conservation plan shall
emphasize control of erosion, sediment and animal waste, shall reflect
the latest technology and approved conservation practices and shall
be updated on a periodic basis.
The sale and purchase of agricultural land preservation easements
shall be in accordance with the terms of the current provisions of
the Annotated Code of Maryland, Agriculture Article, §§ 2-501
through 2-515, and the existing regulations adopted pursuant thereto
by the Maryland Agricultural Land Preservation Foundation.
[Amended 11-18-2014 by
Bill No. 2014-08]
The subdivision of residential lots from an agricultural land
preservation district shall be limited to the following criteria:
A.
The total number of residential lots shall not exceed the following
densities:
(1)
One lot if the size of the agricultural land preservation district
is 20 acres or more but fewer than 70 acres;
(2)
Two lots if the size of the agricultural land preservation district
is 70 acres or more but fewer than 120 acres;
(3)
Three lots if the size of the agricultural land preservation district
is 120 acres or more.
[Added 11-18-2014 by Bill No.
2014-08[1]]
The subdivision of an agricultural land preservation district
for agricultural purposes shall be in accordance with the Maryland
Agricultural Land Preservation Foundation's regulations for agricultural
subdivision, with approval by the Agricultural Land Preservation Advisory
Board.
[Added 11-18-2014 by
Bill No. 2014-08]
A.
Subject to the availability of funds, the County Commissioners may
purchase and retire transferrable development rights (TDRS) from agricultural
land preservation districts. These retired TDRS shall be terminated
and extinguished and shall not be used or transferred to any portion
of the property from which they came, or to any other property, or
used for the purpose of calculating permissible lot yield of the property
from which they came or any other property. The County Commissioners
shall determine and announce, on an annual basis, the application
schedule and the amount of funding available for the purchase and
retirement of TDRS (PAR Fund).
B.
The Agricultural Land Preservation Advisory Board shall recommend,
for approval by the County Commissioners, the price to be offered
for the annual purchase and retirement of TDRS by the PAR Fund. The
Agricultural Land Preservation Advisory Board shall consider the value
of TDR sales and transfers during the prior year in recommending the
offering price.
C.
The Agricultural Land Preservation Advisory Board shall review and
prioritize applications according to the Charles County easement sale
prioritization system for the Maryland Agricultural Land Preservation
Foundation as approved by the County Commissioners, and those applications
receiving the highest ranking shall receive priority for PAR Fund
purchases.
D.
The County Commissioners shall accept applications for the sale of
a maximum of 20 TDRS per year from the owner of a recorded agricultural
preservation district.
E.
No individual, group of individuals, partnership, corporation or
other legal entity shall have any vested interest in the sale of more
than 20 TDRS through the PAR Fund per calendar year. This provision
shall not limit the number of applications that may be made by any
such entity.
F.
The Agricultural Land Preservation District from which TDRS are purchased
by the County Commissioners through the PAR Fund shall be encumbered
by restrictive covenants that restrict the use of the land in accordance
with this chapter and the agricultural land preservation district
agreement. Once at least 50% of the TDRS have been retired, these
covenants shall be perpetual and as such shall be inheritable and
assignable and run with the land as an incorporeal interest and are
enforceable by the County Commissioners against the owner of the agricultural
land preservation district and their respective personal representatives,
heirs, successors and assigns.
[Amended 11-18-2014 by
Bill No. 2014-08]
The establishment of agricultural preservation districts and
the sale of agricultural preservation easements shall be subject to
the terms of the Charles County Zoning Ordinance and the Charles County
Subdivision Regulations[1] and all other laws and regulations of Charles County, Maryland, except as otherwise provided in §§ 215-1 through 215-10 of this chapter.
