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 has expanded to
a total of 8 programs plus a pending Transferable Development Rights Program
to date more than 22,000 acres have been permanently protected, with another
16,000 acres under temporary 10 year Agricultural Districts.
1. Washington County Agricultural Land Preservation District
This program encourages landowners to voluntarily enter into
a Agricultural Land Preservation District in which it is agreed that the
land will not be developed for a period of ten years. In return for the
restriction, the landowner receives protection from nuisance complaints,
becomes eligible to sell Development Rights Easements through the MALPP
and receives a tax credit.
2. Maryland Agricultural Land Preservation Program (MALPP)
This Program was established and is regulated by Agricultural Article,
Sections 2-501 through 2-515 of the Annotated Code of Maryland. 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 administer it through
a Planning Commission staff member.
In order to qualify for this program the landowner
must enter into a District Agreement. Then they become
eligible to sell a Development Rights Easements to the Agricultural Land
Preservation Foundation provided that the offer to sell is recommended
by the County’s Advisory Board and the County Commissioners. The Development
Rights Easements are very competitive as there are many applicants to
the program. The local 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.
3. Rural
Legacy Program
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, historical 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. This
program only purchases easements within a very specific
area, surrounding the towns of Sharpsburg, Keedysville,
Boonsboro, and the Rural Villages of St. James, Lappans, Fairplay, Rohersville,
and Gapland to name a few.
The Rural Legacy Program in Washington County has
permanently protected over 3,900 acres.
4. Transportation Equity Act Funds
There have been several Transportation Equity Acts
that revolutionized transportation planning and policies beginning in
1991, with new legislation. The first of this legislation was known
as ISTEA or the Intermodal Surface Transportation Equity Act (1991 to
1997), this act authorized guaranteed funding of highway, highway safety,
transit and other surface transportation programs. Subsequent Acts have
been founded including TEA-21also known as Transportation Equity Act
for the 21st Century (1998-2004) and the Safe, Accountable, Flexible
and Efficient Transportation Act – A Legacy for Users (2005 - present)
These Acts specifically pertain to land preservation efforts, including
specific funding designated 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.
5. 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. FRPP funds provides
up to 50 percent of the fair market easement value of the conservation easement.
To qualify, farmland must: be part of a pending offer from a State, tribe,
or local farmland protection program; be privately owned; have a conservation
plan for highly erodible land; be large enough to sustain agricultural production;
be accessible to markets for what the land produces; have adequate infrastructure
and agricultural support services; and have surrounding parcels of land that
can support long-term agricultural production. Depending on funding availability,
proposals must be submitted by the eligible entities to the appropriate Natural
Resource Conservation Service (NRCS) State Office.
6. 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. Additionally, this program is very competitive
and dependent on the current economic climate.
7. Maryland Environmental Trust
The Maryland Environmental Trust (MET) was established
in 1967, it partners with the Maryland Department of
Natural Resources (DNR). MET works with landowners who
are willing to donate a conservation easement for tax
deductions, tax credits and land protection purposes.
8. GreenPrint
Program
Saving our diverse and ecologically precious natural
resources is the basis for Maryland's GreenPrint Program.
GreenPrint targets ecological areas of high value, with
the goal to preserve an extensive, intertwined network
of land vital to the long-term survival of our native
plants and wildlife. This intertwined network relies on a clean, healthy
environment and abundant natural resources to thrive. GreenPrint money
helps other preservation programs in conserving and connecting large contiguous
land area with multiple important natural resource features. Additionally
it helps to guide and coordinate land conservation and preservation efforts
designated by the conservation priorities of the Maryland Department of
Natural Resources (MDEP).
9. Conservation Reserve Enhancement
Program (CREP)
The State of Maryland has
initiated an easement program to help the Chesapeake Bay. Currently there is
a leasing program for CREP, but the State has made $12.5 million available
to make the CREP areas into easements in perpetuity.
Those in the CREP program
include landowners that create buffers on highly erodible land or next
to a waterway and landowners that restore natural wetlands.
In order to qualify for
this program, the landowner must have a current CREP lease on their land. The
easement value is determined by the amount of acreage in the program and the
current buffer width. If you are interested in the program and are currently
enrolled in the CREP program please contact the Agricultural Preservation staff.
10. Transferable Development Rights (TDR)
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.
A study of Transferable Development Rights in Washington County was completed
late 2007. Action and discussion is pending for this program due to a rezoning
of the Urban Growth Area.
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.
All of the programs listed above all vary due to the State, Federal
Government and the County funding. If you are interested in an easement program
please fill out the District Intake Form and/or the Rural Legacy Application.
Please mail the applications to the c/o Sara Edelman or email (sedelman@washco-md.net )
the application to us.
