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Montgomery County approves farmland protection reserve fund amid questions on town participation and tracking
Summary
The Montgomery County Legislature approved Resolution 104 to amend the farmland protection reserve fund and the 2026 budget, after extended discussion about how contributions from individual towns will be tracked, whether eligibility should depend on town participation, and how assessors and county staff will implement the program.
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The Montgomery County Legislature on the March agenda approved Resolution 104, amending an earlier farmland protection reserve fund and updating the 2026 operating budget.
The measure, sponsored by Legislators Mulebeck and Pep, passed by voice vote after extended discussion about program design, implementation and monitoring. Legislators asked how the county would track money collected from different towns and whether farmers in towns that do not participate should be eligible for the fund.
Legislator Suite said the county must be able to show how much each town contributes and suggested placing a one-year term on the fund to monitor participation and performance. County leaders said the $250,000 set aside for the year was intended as a limited pilot to allow time for assessors and towns to organize and for county real property and treasury staff to develop reporting.
Legislators and staff described meetings with town supervisors and assessors and reported that at least one town assessor had begun filing reassessments; the county also hired support staff to help towns with the required paperwork. Lawmakers emphasized that the program’s value depends on broad municipal participation and requested continued follow-up and reporting from real property and treasury offices to determine whether the resolution needs revision next year.
Members also discussed timing issues tied to assessor notifications and “clawback” rules when property changes use: speakers said clawbacks can reach back five years and delays in assessor updates can shift fiscal-year accounting for some adjustments. Multiple legislators emphasized the fund’s purpose is to reinvest in farms that remain in production, not to provide one-time payments to landowners who decline solar projects.
The resolution passed on a voice vote with no roll-call results recorded in the transcript. The Legislature moved on to additional routine items and adjourned at 6:32 p.m.
The Legislature asked staff to monitor town participation and provide reports on actual receipts and how many towns and parcels participate within the one-year window established in the resolution.

