KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING - 9/14/2004

Code Home Rule Bill No. 4-2004

The Right to Farm Amendment

A Public Hearing was held on Tuesday, September 14, 2004, at 6:15 p.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland on Code Home Rule Bill No. 4-2004, The Right to Farm Amendment, which is:

An Act to repeal and re-enact with amendments Chapter 84 of the Code of Public Local Laws of Kent County, Maryland ("Farming") complying with Comprehensive Plan goals and strategy for natural resource based industry; defining "Agricultural Land," "Agricultural Operation," "Agriculture," "Best Management Practices," "farm product," and "generally accepted agricultural practices," adding noise as an "inherent effect" of agricultural operations; limiting actions against certain agricultural operations and inherent effects thereof; creating an Agricultural Resolution Board; establishing complaint or dispute resolution procedures; providing for real estate transfer disclosure statements, subdivision plat disclosure statements, and Right to Farm notices to property owners; and making certain technical changes.

Commissioners Roy W. Crow, Scott D. Livie, and William W. Pickrum were in attendance as well as Susanne Hayman, County Administrator, Gail Owings, Director, Carla Martin, Community Planner, Amy Moredock, Environmental Planner, Elizabeth Morris, Chair, Pat Langenfelder, Marcy Brown, and Rev. Ruben Freeman, all of the Planning Commission, Franklin M. Dill, II., Chair, Phillip L. Redman, Olin S. Davis, III., David E. Kelley, and David A. Hill, all of the Agricultural Advisory Board, and a member of the media.

Notice of the public hearing was read into the record by Commissioner Pickrum.

For the record, the Planning Commission, at its April 1 meeting, reviewed and recommended a proposed new Right to Farm Law drafted by the Agricultural Advisory Commission. The Commission felt that the existing law, which was adopted in 1989, needed to be strengthened and expanded to better protect the County's farmers. Also, The Comprehensive Plan calls for the adoption of a "Kent County Economic Resource Bill of Rights" that includes the right to farm, right to hunt and right to fish.

The Commission, as per its correspondence to the Commissioners dated July 2, 2004, expressed its belief that the proposed Right to Farm Law is the first step toward accomplishing said goal.

Major changes between the two laws include:

- inclusion of noise as an "inherent effect" of agricultural operations;

- creation of an Agricultural Resolution Board to hear complaints;

- the addition of real estate transfer disclosure statement, subdivision plat disclosure statement and right to farm notice to be sent once to all Kent County property owners following the adoption of the proposed law.

Also for the record, the Planning Commission, as per its correspondence to the Commissioners dated July 2, 2004, suggested that the proposed Resolution Board be made up from an existing board or a combination of existing boards so that the new board would already have familiarity with how a board works and how to make motions, and also that it have members who are active in the agricultural community.

Commissioner Pickrum asked those gathered if there were any comments.

Mrs. Langenfelder spoke in favor of the proposed "Right to Farm Amendment" stating that it would effectively help the public to recognize and appreciate that agriculture is the most viable industry in the County and that this increased awareness on the part of the citizens of the County would help to increase citizens' tolerance of certain necessary characteristics of farming, such as its inherent noise-levels.

Commissioner Pickrum explained that as the Comprehensive Plan is developed, legislation concerning "the right to fish," and "the right to hunt" will also be forth-coming at a future date.

Commissioner Livie noted that the Comprehensive Plan has effectively defined districts in the County, thereby preventing agricultural land from being developed into subdivisions, as is taking place in surrounding counties.

Commissioners Crow and Livie praised the County's Land Use Ordinances as having been successful as it pertains to the above, and extended the Board's appreciation for the work of the Planning Commission and the Agricultural Advisory Board on behalf of the Comprehensive Plan.

Commissioner Crow also noted that farmers from other counties in the State are moving to Kent County to farm specifically because of the inherent support of the farming industry in the County as evident, for example, in its Land Use Ordinances.

Third reading of the legislation will be held on September 21, the next legislative day.


The hearing adjourned at 6:22 p.m.

THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND

Janice F. Fletcher
Executive Assistant

Approved: William W. Pickrum, President