Md. Code Regs. 15.15.04.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.15.04.03 - Eligibility

A. Requests for Approval.

(1) The approval to relocate the 1-acre site of any dwelling by the Foundation is not an absolute right of a landowner.

(2) Requests shall be reviewed on a case-by-case basis, and approved if consistent with the guidelines established by this chapter.

(3) Each request shall be reviewed to determine if:

(a) The proposed new site for any new dwelling will adversely affect farming operations; and

(b) The site where the dwelling exists at the time of the request may be restored to agricultural use.

B. Dwelling Relocation Criteria.

(1) A request to relocate the site of an existing dwelling on a farm may not be approved by the Foundation if it increases the residential development or the number of dwellings on the farm.

(2) The proposed new site for a new dwelling:

(a) Is subject to the Foundation's approval; and

(b) May not be located in an area that interferes with any agricultural use.

(3) The Foundation's approval for a new site for an existing dwelling shall be conditioned upon the removal of the existing dwelling, and restoration of the existing dwelling site to agricultural use, within 60 days after the use and occupancy permit is issued for the new dwelling, or sooner, if required under county law.

(4) A request to relocate the 1-acre site of any proposed new dwelling may not be approved unless the landowner can demonstrate to the Foundation that the existing dwelling site can be restored to agricultural use.

(5) A landowner's request to relocate the site of an existing dwelling may not be approved if its purpose is solely for aesthetic reasons.

Md. Code Regs. 15.15.04.03

Regulations .03 adopted as an emergency provision effective July 20, 2005 (32:18 Md. R. 1517); adopted permanently effective November 7, 2005 (32:22 Md. R. 1758)