(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 upon 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 upon the affirmative vote of a
majority of the Foundation members at-large, and upon approval of the
Secretary and the State Treasurer.
  (e)   (1)   In this subsection, "development rights" mean 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.
|