Maryland's Rural Legacy Program Frequently Asked Questions
Why was the Rural Legacy Program created?
The Rural Legacy Program was created to discourage sprawl development and protect areas for future generations to enjoy. The Program provides farmers and landowners an alternative to developing (or subdividing) their land or selling their property to developers. Under the Program, they can sell or donate their development rights, which are extinguished in perpetuity, and still retain ownership to continue growing crops or raising livestock. This Program is only available within designated Rural Legacy Areas.
What is a Rural Legacy Area?
A Rural Legacy Area (RLA) is a region designated by the Rural Legacy Board as one that is rich in agricultural, natural, forestry, and cultural resources. Local Sponsors (county governments and land trusts) propose RLAs that are sized so that most of the lands within them can potentially be protected. An RLA should be large enough to provide significant protection for multiple resource values, yet small enough to achieve preservation objectives. Generally, RLAs may be relatively larger in jurisdictions with large expanses of existing protected lands, low development pressure, and strong local land and resource protection programs.
What is a land trust?
A land trust is a private, tax-exempt, non-profit corporation that seeks to preserve land through conservation easements, land acquisition, or land donations. Land trusts often provide the local leadership, commitment, and flexibility essential to local resource protection and growth management efforts. They offer continuity of management and monitoring of valuable natural resources.
What is a development right?
Fee simple land ownership provides landowners with a bundle of rights, each of which may be separated from the rest and transferred to someone else while still retaining ownership of the land. One of these is the right to develop the land. Others include, for example, mineral rights, water rights (both surface and groundwater) and air rights.
How does Rural Legacy Program work?
The Program encourages local governments and private land trusts to identify Rural Legacy Areas and to apply competitively for funds to purchase conservation easements within these Rural Legacy Areas. Sponsors may apply annually to the Rural Legacy Board for participation in the Program and to receive funding. The Rural Legacy Advisory Committee reviews all applications and makes recommendations to the Rural Legacy Board. The Rural Legacy Board, in turn, reviews the applications each year and recommends to the Governor and Board of Public Works which Rural Legacy Areas will be designated and funded. The Board of Public Works designates the Rural Legacy Areas and approves the grants for Rural Legacy funding.
What is a conservation easement?
A conservation easement is a voluntary legal agreement between a landowner and a qualified entity (such as a land trust or government agency) that permanently limits development and land uses to protect a property’s conservation values.
Will I still own my land if I sell my development rights with a conservation easement?
Yes. Landowners who sell their development rights with a conservation easement retain full ownership of their land, and can continue to farm and use the land in ways consistent with the easement.
Can I build a house on land under a Rural Legacy easement?
It depends on the terms of the specific easement. Some easements allow limited residential structures, while others may restrict new residential construction entirely.
What are the benefits of participating in the Rural Legacy Program?
Landowners receive financial compensation and the assurance that their land will be protected for future generations. Communities benefit by the maintenance of scenic views from public roads, protection of natural habitat for native plants and animals, and protection of water quality due to required stream buffers, impervious surface limits, Forest Stewardship Plans, and Soil and Water Quality Conservation Plans.
How is the Rural Legacy Program funded?
The Rural Legacy Program is funded through a combination of Maryland Program Open Space dollars and general obligation bonds from the state’s capital budget. County governments may also contribute funds for the Rural Legacy Program and other land preservation programs.
