Sec. 27.02.05.07. Agriculture

A. Definition. "Agriculture" means all methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products.

B. Criteria. When agriculture occurs on State-owned lands, the agency administering these lands shall assure that the operations conform with the following criteria:

(1) Assure that the creation of new agricultural lands is not accomplished:

(a) By diking, draining, or filling of any class or subclass of palustrine wetlands, as described in Regulation .10 of this chapter which has a seasonally flooded or wetter water regime, unless mitigation as provided for in these regulations is accomplished;

(b) By clearing of forests or woodland on soils with a slope greater than 15 percent, or on soils with a "K" value greater than 0.35 and a slope greater than 5 percent;

(c) If the clearing will adversely affect water quality or will destroy plant and wildlife habitat as defined in Regulations .09-.13 of this chapter; or

(d) By the clearing of existing natural vegetation within the Buffer as defined in Regulation .09 of this chapter.

(2) Assure that the drainage of nontidal wetlands for the purpose of agriculture is done in accordance with a soil conservation and water quality plan, approved by the local soil conservation district.

(3) Assure that best management practices for the control of nutrients, animal wastes, pesticides, and sediment runoff is used to protect the productivity of the land base and enhance water quality. These practices shall minimize contamination of surface and ground water and, further, shall minimize adverse effects on plant, fish, and wildlife resources.

(4) Assure that animal feeding operations, including retention and storage ponds, feed lot waste storage, and manure storage minimize the contamination of water bodies.

(5) Assure that agricultural activity permitted within the Critical Area use best management practices in accordance with a soil conservation and water quality plan approved by the local soil conservation district.

(6) Provide that within 5 years from the effective date of these criteria, all farms on State-owned lands within the Critical Area shall have in place and be implementing a currently approved soil conservation and water quality plan approved by the local soil conservation district. Farm operators or the agency shall be allowed to continue farming until a conservation plan is developed, if the goals of the Act and all other requirements of this chapter are being met.

(7) The farm operator or the agency shall select and implement, with the assistance of a technically trained soil conservation planner or technician, from among the several best management practices that minimize impacts to water quality, conserve fish, wildlife, and plant habitat, and integrate best with the farming operation.

(8) Until such time as a soil conservation and water quality plan is approved and in place, farm operators or the agency shall be encouraged to use the following practices:

(a) Proper nutrient application rates;

(b) Appropriate timing of nutrient application;

(c) Appropriate method of nutrient application;

(d) Reduced tillage practices;

(e) Crop rotations;

(f) Cover crop.

(9) Agricultural activities are permitted in the Buffer in accordance with Regulation .09 of this chapter. Agricultural activities shall refer to and use Regulation .09 in implementing this portion of this subtitle.

(10) Agricultural activities on State-owned lands in the Critical Area conducted for experimental purposes are not subject to these criteria provided that:

(a) Adverse impacts to the habitat protection areas described in Regulations .09-.13 of this chapter are avoided;

(b) The experimental activities are approved by the State Soil Conservation Committee, the Maryland Department of Agriculture, and the University of Maryland; and

(c) A plan for these activities is prepared and filed with the Commission.