Land Preservation Programs
Washington County’s efforts to preserve valuable farmland began in April 1978 with the Maryland Agricultural Land Preservation Program (MALPP). Since that time the land preservation efforts have expanded to a total of 7 programs plus a pending Transferable Development Rights Program. To date, more than 21,000 acres have been permanently protected, with another 22,000 acres under temporary 10 year Agricultural Districts.
1. Maryland Agricultural Land Preservation Program (MALPP)
This Program was established and is regulated by Agricultural Article, Sections 2-501 through 2-515 of the Annoted Code of Maryland. It is administered through a Planning Commission staff member, by the Washington County Agricultural Land Preservation Advisory Board, the County Commissioners, and the Maryland Agricultural Land Preservation Foundation (MALPF) of the Maryland Department of Agriculture.
The program encourages landowners to voluntarily enter into an Agricultural Land Preservation District in which it is agreed that the land will not be developed for a period of at least five years (to receive County Tax credits, the landowner is required to commit his property to agricultural use only, for period of ten years). In return for the restriction, the landowner receives protection from nuisance complaints and becomes eligible to sell a Development Rights Easements to the Agricultural Land Preservation Foundation provided that his offer to sell is recommended by the County’s Advisory Board and the County Commissioners. At the local level, the Agricultural Advisory Board reviews and ranks easement applications, assigning point value to such items as farm size, soil quality and development pressure indicators on its easement checklist. If purchased by the State of Maryland, the easement will remain effective perpetuity.
2. Rural Legacy
The Rural Legacy Program was enacted by the 1997 Maryland General Assembly and signed into law May 22nd of that year.
The program was created to focus on some of Maryland’s best natural, agricultural and cultural areas as well as representing Maryland’s most significant rural landscapes. The Program encourages local governments and private land trusts to identify Rural Legacy Areas and to competitively apply for funds to complement existing lands preservation efforts or to develop new ones. Easements or fee estate purchases are sought from willing landowners in order to protect areas vulnerable to sprawl development that can weaken an area’s natural resources, thereby jeopardizing the economic value of farming, forestry, recreation and tourism.
The Rural Legacy Program in Washington County has permanently protected 3,300 acres.
3. Transportation Equity Act Funds
In 1991 the Federal Government signed into law the first of several Transportation Equity Acts that revolutionized transportation planning and policies. The new legislation known as the Intermodal Surface Transportation Equity Act (ISTEA) authorized guaranteed funding of highway, highway safety, transit and other surface transportation programs for the next 6 years. Subsequent iterations of this law are the Transportation Equity Act for the 21st Century (TEA-21) and the Safe, Accountable, Flexible and Efficient Transportation Equity Act - A Legacy for Users. Specifically pertaining to land preservation efforts, these laws each designated specific funding for Scenic Byways programs throughout the country. These funds are generally administered by the Department of Transportation of each State.
As part of the Maryland Scenic Byways Program, the Maryland Department of Transportation provides grants, awarded competitively, for the purchase of conservation easements that provide protection to scenic, historic, recreational, cultural, natural, and archaeological resources adjacent to scenic byways.
In Washington County, this type of funding focuses on areas surrounding the Antietam Battlefield and its approaches.
4. The Farm and Ranch Land Protection Program (FRPP)
First established in 1996, The Farm and Ranch Land Protection Program (FRPP) provides matching funds to help purchase development rights to keep productive farm and ranchland as agricultural uses. Working through existing programs, the United States Department of Agriculture (USDA) partners with State, tribal, or local governments and non-governmental organizations to acquire conservation easements or other interests in land from landowners. The USDA provides up to 50 percent of the fair market easement value of the conservation easement.
5. Installment Payment Program (IPP)
The Installment Payment program was created for the purpose of accelerating land preservation easement purchases and providing an additional attractive Land Preservation Program for the agricultural landowners and citizens of Washington County.
An owner of agricultural land which meets the minimum qualifications may make application to sell to the County an agricultural preservation easement on the entire contiguous acreage of the land less one acre per existing dwelling located on the subject property.
Payment shall be made by Installment Purchase Agreements. Once a landowner agrees to accept the County's offer to purchase his or her development rights, an Installment Purchase Agreement (I.P.A.) between the County and the individual seller will be written. This Agreement includes the total amount of money that the County has agreed to pay the landowner and sets the terms of that Agreement including the fixed interest rate on which the landowner will receive annual payments. These IPAs shall be paid over a period of 10 years, with 10% of the principal being paid at settlement with the interest and 10% of the principal being paid annually for the remaining 9 years.
6. Mid-Maryland Land Trust (MMLT)
The Mid-Maryland Land Trust Association, Inc. (MMLTA) was formed in 1997 by six (6) local land trusts in response to the Maryland Department of Natural Resources (DNR) new land preservation program initiative called the Rural Legacy Program.
The MMLTA puts emphasis on working with those property owners who are willing to donate a conservation easement for tax deductions, tax credits and land protection purposes. The MMLTA has a cooperative agreement with the Washington County Board of County Commissioners, which requests them to assist with some operational funding to cover the costs for the title search, two appraisals and settlement costs; and some staff time on acquiring donated easements.
7. Green Print
Saving our diverse and ecologically precious natural resources is the basis
for Maryland's GreenPrint Program. GreenPrint allows the State of Maryland to
preserve an extensive, intertwined network of land vital to the long-term survival
of our native plants and wildlife, and certain industries, which rely on a clean,
healthy environment and abundant natural resources.
Maryland’s GreenPrint Program builds upon existing conservation programs,
such as Rural Legacy by:
- Providing urgently needed additional funding to act immediately;
- Conserving and connecting large contiguous land areas with multiple important natural resource features;
- Providing a focal point to coordinate existing conservation programs with one another and increase their overall effectiveness; and
- Guiding and coordinating land conservation and preservation efforts, just as Priority Funding Areas guide Smart Growth development.
8. Transferable Development Rights (TDR)
On August 29, 2006 the Board of County Commissioners voted to retain services
from a consulting firm to design a Transferable Development Rights program
in Washington County. Updates on this program will be posted to the website
as they become available.
TRANSFERABLE
DEVLEOPMENT RIGHTS (TDR) FINAL REPORT (40MB)
This is a large pdf file. You
must have Adobe Acrobat installed to view this file. Download it for
FREE here.
Right to Farm
This document was created to preserve, protect, enhance, and encourage agricultural operations by protecting farmers from nuisance complaints from encroaching non-compatible uses and also protecting neighboring properties by ensuring that farmers are following good agricultural practices.
In addition to the County's financial plan to help protect farmland in Washington County, the Board of County Commissioners adopted a Right to Farm Ordinance in October of 2003.
A copy of the Right to Farm Ordinance may be obtained by clicking on the County Ordinances tab found on the Planning homepage. If you wish to file a complaint regarding an issue with an agricultural operation you may fill out a Request for Resolution form and return it to the Planning Department.
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