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Maryland Department of Agriculture

Agricultural Land Preservation Laws & Regulations

Related to MALPF

More than most land preservation programs, the language in the deed of easement and the policies of the Maryland Agricultural Land Preservation Program (MALPF) are largely determined by statutory and regulatory language. Because the statute and regulations change over time and because the provisions applying to your property may be unique, to establish what restrictions apply to your easement property, you should first consult your deed of easement. While the Foundation strives to keep its regulations consistent with the law, when the statutory language in the Code of the Public Laws of Maryland conflicts with the regulatory language in COMAR, the statutory language applies.

Statute

The Code of the Public Laws of Maryland is the compilation of legislation that composes Maryland’s statutory code. Code of Public Laws of Maryland, Title 2. Department of Agriculture, Subtitle 5. Maryland Agricultural Land Preservation Foundation is the statute most directly applicable to the Maryland Agricultural Land Preservation Foundation. There is additional language elsewhere in the Code concerning issues such as MALPF’s sources of funding that. The most recent version of legislation can be found at https://mgaleg.maryland.gov/mgawebsite/Laws/Statutes, with the specific Subtitle for the Maryland Agricultural Land Preservation.

Regulations

Code of Maryland Regulations (COMAR), Title 15. Department of Agriculture. Subtitle 15. Maryland Agricultural Land Preservation Foundation is the compilation of regulations that interprets and supplements the Code of the Public Laws of Maryland. The regulations in Title 15 are those that most directly apply to the Maryland Agricultural Land Preservation Program. COMAR is in the public domain, and the sections cited here (and any recent changes) can be found at the Division of State Documents website. The most recent version of the regulation specific to the Maryland Agricultural Land Preservation is found at https://bit.ly/3nb8rNj​.

Deeds of easement

The deed of easement is the legal agreement between the landowner and the Foundation that restricts the future uses of the landowner's property. The landowner is selling development rights and imposing certain other restrictions on the property to benefit of the State of Maryland to preserve the property for agricultural use. The deed of easement is binding on all future owners of the property. Potential participants in the Program should review the document carefully with legal counsel – it represents what is being purchased by the Foundation. Because the terms of the Foundation’s deed of easement are largely determined by statutory and regulatory language, the easement cannot be tailored to fit each landowner's individual situation.

Someone seeking information on the restrictions applying to a specific property should consult that property’s deed of easement recorded among the County’s public land records. Easement language has evolved over time in response to statutory and regulatory changes, changes in policies adopted by the Foundation’s Board of Trustees, and the Foundation’s experience administering the Program. Further, some easements include additional restrictions at the request of the landowner, county, or Board of Trustees. Finally, the Foundation draws on multiple funding sources, some of whom require specific easement language that differs from the standard deed of easement.

Please note that all deeds of easement acquired by an option contract approved by the Board of Public Works after September 30, 2004, are explicitly perpetual, as required by House Bill 777 passed during the 2004 legislative session.

To obtain a copy of a specific deed of easement or a template easement, please contact the county program administrator. 

These are public documents and are provided for general information purposes only. If you have a question about a specific law, regulation, or provision of the district agreement, option contract, or deed of easement, please consult legal counsel.