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St. Mary’s EDC moves to harmonize definitions in proposed right-to-farm ordinance amendment
Summary
Commissioner Jamie Railey updated the Economic Development Commission on plans to revise St. Mary’s County27s right-to-farm ordinance to align definitions across county documents and broaden protections to cover newer agricultural enterprises such as breweries and distilleries.
Commissioner Jamie Railey told the St. Mary27s County Economic Development Commission on Oct. 19 that county staff and agricultural stakeholders are preparing an amendment to the county27s right-to-farm ordinance to harmonize definitions across county documents and reflect newer farm-related industries.
The amendment is intended to make the definition of "agricultural land" and "agricultural operation" consistent among the county27s right-to-farm ordinance, the county zoning ordinance and a forthcoming animal-control ordinance. Railey said the Farm Bureau and the Agricultural Seafood Forestry Advisory Board reviewed and recommended language; the Farm Bureau asked that breweries and distilleries be explicitly included alongside vineyards and winemaking.
Railey summarized the state law backdrop: Maryland27s right-to-farm framework limits nuisance lawsuits for agricultural, seafood and forestry operations that have been in continuous operation for at least 365 days before a complaint, and it specifically addresses complaints about noise, dust, odors and insects. He cautioned the ordinance does not give property owners a substantive "right to work" or immunity from violations of other local, state or federal law.
On an operational point, Railey said the county will consider using an objective tax-based test in the definition: land taxed as agricultural by the Maryland Department of Assessments and Taxation. He explained this would help distinguish residential parcels from land legitimately classified and taxed as farm or agricultural land and avoid extending right-to-farm protections to parcels not taxed as agricultural.
The draft definition Railey described also incorporated language from Prince George27s County27s right-to-farm ordinance to capture organic production, value-added production and agricultural education programs such as Future Farmers of America and 4-H.
Railey said the Department of Economic Development27s agriculture marketing staff will work with the Farm Bureau and other stakeholders to finalize language before referral to the county attorney and a public hearing. He reported there had been no right-to-farm complaints in St. Mary27s County; he said the state had recorded eight such complaints historically and that mandatory disclosures required when people buy property in Maryland have reduced complaints.
No formal vote was taken on the amendment during the commission meeting; Railey said the draft will be circulated to commission members when available and that the county will set public hearing dates once the county attorney completes review.
