Md. Code Regs. 15.15.04.04

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

Section 15.15.04.04 - Application Procedure

Before the Foundation may consider and approve a landowner's request to relocate the site of an existing dwelling, all of the following shall be filed with the Foundation:

A. A written application for the relocation of a dwelling which has been completed and signed by all titled landowners, which shall include the following:

(1) A map that clearly indicates:

(a) The property boundaries of the easement property;

(b) The location of, and proposed access to, the new site of the proposed dwelling;

(c) The location of and access to the existing dwelling; and

(d) The location of Class I, II, and III soils;

(2) Photographs of the property showing views of the property from the nearest roads;

(3) A description of the farm operation;

(4) A written statement from the landowner that the existing dwelling shall be removed at the landowner's expense and the existing dwelling site restored to agricultural use within 60 days after a use and occupancy permit is issued for the new dwelling, subject to the Foundation's inspection; and

(5) A detailed description showing how the landowner proposes to restore the site of the existing dwelling to agricultural use;

B. A written review from the county program administrator of the applicant's proposal, based upon the "Dwelling Relocation Criteria", in accordance with Regulation .03B of this chapter, and any other information that may assist the Foundation in making its decision;

C. A letter from the local soil conservation district on the feasibility of the landowner's plan to restore the 1-acre site to agricultural use;

D. A letter of recommendation from the local agricultural land preservation advisory board; and

E. A written statement from the local planning and zoning office or the county program administrator stating that the landowner's proposal to tear down a dwelling in exchange for a new dwelling on the 1-acre construction site is allowed under local regulations.

Md. Code Regs. 15.15.04.04

Regulations .04 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)