Maryland State Finance and Procurement Section 5-408

      (a)      There is within the Department a program for certification of effective county agricultural land preservation programs.

      (b)      A county may apply to the Department and the Maryland Agricultural Land Preservation Foundation for certification under this section only if the County Agricultural Preservation Advisory Board and the governing body of the county both:

            (1)      approve the program established at the county level as being an effective approach to agricultural land preservation; and

            (2)      approve the county's application for certification.

      (c)      (1)      A county may apply for certification under this section if the county has established programs to encourage participation of farmers in agricultural land preservation efforts at the county level, including purchase of development rights or financial enhancements related to purchase of development rights, outside of the State Agricultural Land Preservation Foundation.

            (2)      County programs shall include any program that the Department and the Foundation:

                  (i)      determine is necessary for an effective county agricultural land preservation program; and

                  (ii)      require by regulation.

      (d)      (1)      To apply for certification under this section, a county shall file with the Maryland Agricultural Land Preservation Foundation and the Department an application in the form that the Department and the Foundation jointly require by regulation.

            (2)      Within 45 days after notification of an application for certification:

                  (i)      the Foundation shall advise the Department as to whether it approves the application; and

                  (ii)      the Department shall notify the county as to whether the county's application for certification has been approved.

      (e)      The Department and the Foundation may not certify a county under this section unless the Department and the Foundation determine that:

            (1)      the proposed county program for the purchase of development rights or financial enhancements related to the purchase of development rights is likely to be successful; and

            (2)      either:

                  (i)      local expenditures prior to July 1, 1990, for the purchase of development rights or financial enhancements related to the purchase of development rights have equaled or exceeded the additional funds that will be available to the county as a result of certification; or

                  (ii)      the county has committed to spend additional local funds for the purchase of development rights or enhancements related to the purchase of development rights in an amount equal to or exceeding the amount of the additional funds that will be available as a result of certification.

      (f)      (1)      A county that has been certified under this section as having established an effective county agricultural land preservation program is eligible for the additional funds available to certified counties under § 2-508.1 of the Agriculture Article and § 13-306 of the Tax - Property Article.

            (2)      A county that has been certified under this section may use the additional funds available as a result of certification for the purposes stated under § 2-508.1 of the Agriculture Article and § 13-306 of the Tax - Property Article.

      (g)      (1)      A certification under this section is effective for 2 years and the decision by the Department and the Foundation as to certification is final with no right to appeal.

            (2)      At the request of the county, the Department and the Foundation shall recertify under this section a county that has maintained a successful program of purchase of development rights or financial enhancements related to purchase of development rights during the period of certification.

      (h)      The Department and the Foundation shall jointly adopt regulations for administration of the certification program.

      (i)      The Department and the Foundation shall report on the certification program on or before January 15 of each year to the Governor, the budget committees and the House Committees on Ways and Means and Environmental Matters of the General Assembly, and the Department of Legislative Services.