Sec. 34.03.03.04. Eligibility and Certification Requirements

A. A county may apply for certification or recertification by the Department and the Foundation of a county program.

B. Before it may certify or recertify a county program, the Department and the Foundation must determine that:

(1) Both the county agricultural preservation advisory board and the county governing body:

(a) Have determined that the county program is effective in preserving agricultural and forest land; and

(b) Approve the county’s application for certification or recertification of the county program;

(2) The county program encourages the participation of farmers in agricultural land preservation efforts, including through the purchase of development rights or financial enhancements related to the purchase of development rights through funds other than those from the Maryland Agriculture Land Preservation Fund established in Agriculture Article, §2-505, Annotated Code of Maryland;

(3) The county’s local plan includes a priority preservation area element that:

(a) Establishes appropriate goals for preservation within the priority preservation area of agricultural and forest land; and

(b) Meets the requirements of Regulation .05D(9) of this chapter;

(4) The size of the county’s priority preservation area is appropriate in relation to the county’s agricultural and forest land acreage preservation goals;

(5) The local plan, plan implementation tools, and program development strategy are likely to be successful in managing development and providing time to achieve State and county goals through acquisitions within the priority preservation area of land preservation easements before the area is excessively compromised by development;

(6) The county’s programs for the purchase of development rights and for financial enhancements related to the purchase of development rights:

(a) Are proven successful at the time of the county’s application; or

(b) Are likely to be successful, as described in §B(5) of this regulation, during the certification or recertification period; and

(7) The county has committed to making qualifying expenditures in an amount at least equal to the additional funds that would be available to the county if the county program is certified.