[HISTORY: Adopted by the County Commissioners of Caroline County 4-8-1997
by Bill No. 96-3. Amendments noted where applicable.]
A.
It is the declared policy of the County to preserve,
protect and encourage the development and improvement of its agricultural
land for the production of food and other agricultural products. When nonagricultural
land uses extend into agricultural areas, agricultural operations can become
the subject of lawsuits. As a result, agricultural operators are sometimes
forced to cease or curtail their operations. Others are discouraged from making
investments in agricultural improvements to the detriment of the economic
viability of the county's agricultural industry as a whole. It is the
purpose of this law to reduce the loss to the county of its agricultural resources
by limiting the circumstances under which agricultural operations may be deemed
to constitute a nuisance, trespass, or other interference with the reasonable
use and enjoyment of land, including, but not limited to smoke, odors, flies,
dust, noise, chemicals or vibration; provided that nothing in the law shall
in any way restrict or impede the authority of the state and of the County
to protect the public health, safety and welfare.
B.
It is in the public interest to promote a clearer understanding
between agricultural operations and nonagricultural neighbors concerning the
normal inconveniences of agricultural operations which follow generally accepted
agricultural practices and do not endanger public health or safety.
C.
This law is not intended to and shall not be construed
as in any way modifying or abridging local, state or federal laws relating
to health, safety, zoning, licensing requirements, environmental standards
(including those standards which relate to air and water quality), and the
like. The provisions of this law do not supersede the Caroline County zoning
ordinance or regulations, and do not in any way alter any permitting process
required.
D.
An additional purpose of this law is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent conditions associated with such purchase or use. These conditions include, but are not limited to, noises, odors, dust, flies, chemicals, smoke, vibration, and hours of operations that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. However, this law shall be effective regardless of whether disclosure was made in accordance with § 149-6 herein ("Right to farm notice and real estate transfer disclosure").
As used in this chapter, the following terms shall have the meanings
indicated:
All real property within the boundaries of Caroline County that is:
Includes, but is not limited to, all matters set forth in the definition
of "operation" at Md. Cts. & Jud. Proc. Code Ann., § 5-308(a),
as amended from time to time; the production of all matters encompassed within
the definition of "farm product" at Md. Agriculture Code Ann., § 10-601(c),
as amended from time to time; 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 poultry and other fowl; production of eggs; production
of milk and dairy products; production of livestock, including pasturage;
production of bees and their products; production of fruit, vegetables 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
or to carriers for transportation to market; and usage of land in furtherance
of educational and social goals (including, but not limited to 4-H clubs and
the Future Farmers of America), agro-tourism and alternative agricultural
enterprises; and the like.
Commercial feedlots, commercial swine raising, and any other uses which
are subject to special use exception under the Caroline County Zoning Ordinance
or Caroline County zoning regulations may not avail themselves of any protections
or presumptions in their favor offered under this law, but are subject to
the dispute resolution procedure set forth herein.
Those methods used in connection with agricultural operations which
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. Generally accepted agricultural practices include, but
are not limited to practices which are recognized as best management practices
and those methods which are recommended by various governmental agencies,
bureaus, and departments, such as the Caroline County Cooperative Extension
Service of the University of Maryland, the Caroline County Soil Conservation
District, and the like. If no generally accepted agricultural practice exists
or there is no method recommended by those agencies mentioned herein which
governs a practice, the practice is presumed to be a generally accepted agricultural
practice.
A.
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 of 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.
B.
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 shall be maintained if the plaintiff has not sought and obtained a final judgment of the Agricultural Reconciliation Committee, as defined in § 149-4 herein.
A.
There is hereby established the Caroline County Agricultural
Reconciliation Committee (CCARC), which shall arbitrate and mediate disputes
involving agricultural operations conducted on agricultural lands and issue
opinions concerning whether or not such agricultural operations are conducted
in a manner consistent with generally accepted agricultural practices.
B.
The Agricultural Reconciliation Committee shall be composed
of five persons appointed by the Caroline County Commissioners. The Committee
shall be composed of:
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At least two members from the agricultural community;
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At least one member from a municipality;
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At least one member from the Caroline County Board of Realtors;
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One other member from the community not actively engaged in agriculture.
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A representative of the University of Maryland Cooperative Extension
Service and a member of the Caroline County Soil Conservation District shall
be appointed by the Commissioners to serve as ex officio, non-voting members
of the Committee. In any dispute, if requested by the Committee, or if in
their own opinions their participation is helpful, they may present facts
and information to the Committee and make recommendations. Their recommendations
shall be considered by the Committee.
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Planning Department staff shall prepare staff reports and maintain minutes
of each meeting of the Reconciliation Committee.
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C.
The Committee members shall serve a four-year term, however
the initial appointments shall be staggered.
D.
The Committee shall meet at least one time per year.
Members shall serve as volunteers, with no monetary compensation.
A.
Nuisances which affect public health.
(1)
Complaints. A person may complain to the Caroline County
Health Department to declare that a nuisance which affects public health exists.
(2)
Investigations. The health officer shall investigate
all complaints of nuisance received against an agricultural operation. When
a previous complaint involving the same condition resulted in a determination
by the health officer that a nuisance condition did not exist, the health
officer may investigate the complaint but the health officer may also determine
not to investigate such a complaint. The Caroline County Health Department
may initiate any investigation without citizen complaint.
(3)
Declaration of nuisance. If the health officer determines
that a nuisance exists, the health department may declare the existence of
a nuisance. In determining whether a nuisance condition exists in connection
with an agricultural operation, the health officer shall apply the criteria
provided in this law. Further, the health officer may consider the professional
opinion of the Caroline County Cooperative Extension Service of the University
of Maryland, or other qualified experts in the relevant field in determining
whether the agricultural operation being investigated is conducted in accordance
with generally accepted agricultural management practices.
B.
Resolution of disputes regarding agricultural operations;
civil infraction.
(1)
Should any controversy arise regarding an interference
with the use or enjoyment of property from agricultural operations conducted
on agricultural land, the parties to that controversy shall submit the controversy
to the Agricultural Reconciliation Committee.
(2)
Any controversy between the parties may be submitted
in writing to the Agricultural Reconciliation Committee within one year of
the alleged adverse impact.
(3)
Thereafter the Agricultural Reconciliation Committee
may investigate the facts of the controversy but must, within a reasonable
time, hold a meeting to consider the merits of the matter. This meeting shall
be informal and need not be recorded. If a resolution is reached, it shall
be summarized and recorded in the minutes of the meeting. If the meeting fails
to resolve the matter, a hearing shall be scheduled within 45 days of the
hearing, and within 30 days of the hearing the Board must render a written
decision to the parties. At the time of the hearing, both parties shall have
an opportunity to present what each considers to be pertinent facts. The chair
of the Committee may issue subpoenas and compel the production of documents
by the parties to enable fact-finding to proceed. Failure to comply with a
subpoena or request for information shall be treated as a civil infraction
under the Public Local Laws of Caroline County. The decision of the Committee
is binding upon the parties, subject only to appeal. Within 30 days of the
written decision a party may appeal the decision of the Agricultural Reconciliation
Committee to the Circuit Court for Caroline County.
(4)
If the Agricultural Reconciliation Committee or a Court
finds that the conduct of a party in bringing or maintaining an action in
connection with an agricultural operation conducted on agricultural land was
in bad faith or without substantial justification, the Reconciliation Committee
or Court may require that party to pay to the owner of the agricultural operation
(or any other party opponent) the costs of the proceeding and the reasonable
expenses, including reasonable attorney's fees, incurred by that party
in defending against the action.
A.
Upon any transfer of real property by any means, the transferrer shall provide the purchaser or lessee a statement specifically advising the purchaser or lessee of the existence of this Right to Farm Law which shall be in substantially the form set forth in Appendix A.[1] The transferrer shall require that the statement be signed by
the purchaser or lessee.
[1]
Editor's Note: Appendix A is located at the end of this chapter.
B.
In addition, because of the County's desire to maintain a good neighbor policy and the County's desire to provide this information to county real property owners, a copy of the "Right to Farm Notice" shall be mailed to all owners of real property in Caroline County with the annual tax bill in substantially the form set forth in Appendix B.[2]
[2]
Editor's Note: Appendix B is located at the end of this chapter.
C.
Penalty for violation. Any person who violates any provision
of this section is guilty of an infraction punishable by a civil penalty not
to exceed Five Hundred Dollars. Failure to comply with any provision of this
Right to Farm Notice and Real Estate Transfer Disclosure section shall not
prevent the recording of any document, or 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 law.
