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Page 2 farmland preservation report April 2004 New laws tweak Maryland programs Continued from page I agreements, but the new law calls for a plan from the Foundation to establish a 25 -year term. The law takes effect Oct. 1. Along with the introduction of installment purchase agreements to the state program, another new law will allow the Foundation to make grants to localities that operate their own installment purchase programs. Easements under the grant program will be co -held by the county and the Foundation. This law takes effect July 1. Another bill, HB 777, ends the program's 25- year easement termination provision on Sept. 30, and for all easements purchased on or before that date, creates a hearing and appeals process. Coun- ties are establishing their own review procedures. Landowners who choose to appeal a denial of termination will go directly to the county circuit court where the property is located. The new law holds that all easements purchased. on or after Oct. 1, 2004.will simply "be held by the Foundation in perpetuity " Another new law, HB 164, will prevent ap- proved lots from being transferred for a period of five years after a nontransferable building permit is farmland preservation report is published monthly exceptforAugust &December by Bowers Publishing, Inc. 900 LaGrange Road Street, Maryland 21154 Telephone: 410 692 -2708 Email: bowerspub @hotmail.com www.fannlandpreservationrepoit.com Deborah Bowers Editor &Publisher Tom Daniels Senior Contributing Editor Robert J. Heuer Contributing Editor Subscription rate of $205 includes index & hotline services. ISSN: 1050 -6373. Copyright 02004 by Bowers Publishing, Inc. All rights reserved. Reproduction in any form, or electronic forwarding of this material requires permission from the publisher. certified by the Foundation. The transfer prohibition can be waived in cases of foreclosure. Last year the Foundation altered its owner's and child's lot rules, restricting the number of lots ac- cording to parcel size, with a maximum of three. Prior law, for the first 24 years of the program, allowed up to 10 total lots for owners and children. New law also allows landowners to opt, instead, for one subdividable and transferrable lot. Passage of HB 770 allows the Foundation to consider allowing more than one tenant house per 100 acres (if compelling need is shown), but the Foundation will now have a say in the size and location ofthe dwellings. Under HB 820 land trusts no longer have to co- hold easements with or convey fee title to a govern- ment agency in order to be exempt from recordation tax. The bill also will authorize the Department of Natural Resources to accept donated easements, until now the exclusive domain of the Maryland Environmental Trust, and a move MET opposed. Nick Williams, acting director at MET, said the quasi - governmental board, created in 1967, felt it was best to keep "a clear delineation of who takes donated and purchased easements.-MET has traditionally been a unique destination of choice for donated easements." MET will now enter into an agreement with DNR "about instances where they would like to acquire an easement through donation." One bill that did not pass would have allowed easement donors to transfer (sell) income tax credits allowed under Maryland law for land conservation. According to Nick Williams, this would have allowed persons whose incomes were not sufficient to take advantage of the credit to sell the credit to a third party - an individual or a corporation. While the idea was well received, the state comptroller indicated "making it a refundable credit, with a tax refund check, would be a better option," with less administrative burden, Williams said. "So we were hopeful the comptroller's enthusi- asm would carry the day, but it didn't. Nevertheless, it established a foothold to continue the discussion next year." Contacts: Nick Williams, 410 514 -7900.