With the aim of preserving agriculture in an environment of ever encroaching housing on farm land, most counties in the State of Maryland require that a statutorily prescribed Right To Farm Notice be included in agreements of sale for real estate. The Notice warns buyers of land that the county has determined inconveniences and discomforts occasioned by nearby farm operations (i.e., noise, odors, fumes, low flying aircraft, etc.) are not considered interference with use and enjoyment of the land.

Many Maryland counties also require that the Notice be included in leases.

Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements for language that must be contained within an agreement for the sale for real property, and in particular in a contract involving residential property. This article considers only the requirements imposed by Maryland counties with respect to Right To Farm Notices.

Recognizing that preserving agriculture is an admirable aim, local governments throughout the country have enacted ordinances limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance, trespass or other interference with non-farm uses. As a component part of those ordinances, most Maryland counties require a Notice be given.

The List of Counties

Calvert County Code, Chapter 99, Sec. 99-5; Caroline County Code, Part III, Chapter 194, Sc. 149-6; Carroll County Code, Sec. 173-5; Cecil County Zoning Ordinance, Chapter 270, Sec. 270-4; Charles County Code, Sec. 235-5(a); Dorchester County Code, Chapter 127-5; Frederick County Code, Part I, Article V, Sec. 1-6-66(a); St. Mary’s County Code, Chapter A-286; Talbot County Code, Chapter 128, Sec. 128-6; Wicomico County Code, Sec. 186-7; and, Worcester County, Code of Public Laws, Zoning and Subdivision Article, Title I, subtitle III, Sec. 1-346, all require a similar or the same Notice. (Note, Baltimore County has a very different requirement, described below.)

The relevant county code should be consulted for the specific language mandated in each particular jurisdiction.

Each of those Maryland counties require “[u]pon any transfer of real property by any means, the transferor shall provide the purchaser or lessee a statement specifically advising the purchaser or lessee of the existence of this chapter which shall be in substantially the form set forth” below:

“_____________ COUNTY RIGHT TO FARM NOTICE
______________ County recognizes and supports the right to farm agricultural lands in a manner consistent with generally accepted agricultural management practices. Residents of property on or near agricultural land should be prepared to accept the incon¬veniences or discomforts associated with agricultural operations including but not limited to noise, odors, flies, fumes dust, the operation of machinery of any kind during any 24-hour period (including aircraft), vibration, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. ________________ County has determined that inconveniences or discomforts associated with such agricultural management operations shall not be consid¬ered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted agricultural management practices. ________________ County has established an agricultural reconciliation committee to assist in the resolution of disputes which might arise between persons in this county regarding whether agricultural operations conducted on agricultural lands are causing an interference with the reasonable use and enjoyment of land or personal well being and whether those operations are being conducted in accordance with generally accepted agri¬cultural practices. If you have any questions concerning this policy or the reconciliation committee, please contact the Planning Department.

Seller _______________________ Date: __________________
Seller _______________________ Date: __________________

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT:

Buyer_______________________ Date: __________________
Buyer_______________________ Date: __________________

IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.”

Of import, this right to farm real estate transfer disclosure must also be made in every lease (i.e., residential and commercial) in these counties.

While penalties vary from county to county, in most jurisdictions, any person who violates any provision of this right to farm real estate transfer disclosure provision “is guilty of an infraction punishable by a civil penalty not exceeding $100.00.” In all counties, failure to comply with any provision of this disclosure requirement “does not prevent the recording of any document, or the title to real property or any mortgage or deed of trust made in good faith or for value, and it shall not affect the application of this chapter.”

Baltimore County

As noted, Baltimore County has addressed the right to farm issue very differently and in a limited fashion. A property owner in that jurisdiction must, as required by Baltimore County Code Sec. 35-3-303(b), include the following notice, as applicable, in a contract for the sale of real estate in or within 500 feet of any RC 4 zoning district:

“(a) The property may be subject to inconveniences or discomforts arising from agricultural operations, including: (i) Operation of machinery of any kind including aircraft, during any 24-hour period; (ii) The storage and disposal of manure; and (iii) The application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides; and

(b) The county will not consider an agricultural operation to be a public or private nuisance if the operation: (i) Complies with all federal, state, or county health and zoning requirements; and (ii) Is not being conducted in a negligent manner.”

In Baltimore County, a person who violates this may be “guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.”

Conclusion

Beyond the scope of this local government Right To Farm Notice, be aware there are federal notices on the thickness of insulation in a new house, federal and state lead paint disclosures and warnings, state disclaimers or disclosures with respect to the condition of a property, state forest conservation notices, and a host of other provisions that may be required to be contained within a particular contract of sale for real estate or the parties risk that the contract may be voidable or worse.

Also, while the Right To Farm Notice is the single matter required by more local governments than any other statutory mandate, most jurisdictions within Maryland impose other requirements on sellers of real estate, including other mandates to incorporate specific language within an agreement of sale. In fact, the article Checklist of Required Real Estate Contract Provisions in Baltimore County, Maryland is among the most popular articles on this firm’s website.

This article simply identifies one of the issues that must be considered by a seller or purchaser of real estate in Maryland in advance of consulting with an attorney about a final form of contract.