Maryland Natural Resources Section 5-15A-02

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

// SPECIAL NOTE: THE FOLLOWING SECTION WAS ADDED BY CHAPTER 570 OF 2001 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2006 //

      (a)      There is a Maryland GreenPrint Program in the Department.

      (b)      The purpose of the Program is to create a statewide green infrastructure network by the acquisition of property and property interests, including easements, in a manner that complements already existing conservation programs, including:

            (1)      Program Open Space under Subtitle 9 of this title;

            (2)      The Rural Legacy Program under Subtitle 9A of this title; and

            (3)      The Maryland Agricultural Land Preservation Program under Title 2, Subtitle 5 of the Agriculture Article.

      (c)      (1)      The Program shall be funded as provided in the State budget.

            (2)      (i)      Twenty-five percent of the total funds appropriated in the annual State budget for this Program shall be spent on the acquisition of easements on agricultural land within Maryland Agricultural Land Preservation Foundation approved districts that contain land within the green infrastructure network.

                  (ii)      Funds used to purchase agricultural land in accordance with this paragraph shall be encumbered annually in accordance with the Maryland Agricultural Land Preservation Foundation procedures in Title 2, Subtitle 5 of the Agriculture Article.

                  (iii)      An easement purchased in accordance with this paragraph is perpetual and may not be extinguished or released.

      (d)      The Department may use Program funds to:

            (1)      Acquire real property interests in the green infrastructure network in accordance with this subtitle and the acquisition procedures for Program Open Space projects set forth in Title 4, Subtitle 4, Part III of the State Finance and Procurement Article and § 5-904(d) of this title; and

            (2)      Provide grants to local governments and land trusts to acquire real property interests in the green infrastructure network.

      (e)      The Department shall:

            (1)      Identify areas that form the green infrastructure network;

            (2)      Publish the results of the identification process; and

            (3)      Periodically review and update the identification of the green infrastructure network.

      (f)      A property or property interest may not be acquired for the purposes of the Program by use of State or local condemnation authority.

      (g)      A land owner who participates in this Program may reserve the ability to engage in silvicultural practices in accordance with a forest management plan approved by the Secretary and the terms of the easement, provided that these practices do not conflict with the goals of the Program.

      (h)      The Department shall submit plans for any purchases of a real property interest that involve amounts over $2 million to the House of Delegates Appropriations Committee and the Senate Budget and Taxation Committee for review and comment at least 45 days before the transaction is submitted to the Board of Public Works for approval.