Agricultural Land Utilization and Development
1. Do I need a building permit for an agricultural building? No.
Barns, silos, and other agricultural buildings only need a zoning
certificate; agricultural processing buildings such as buildings for
wine production need a building permit and a zoning certificate before
construction. Buildings such as garages are not considered agricultural
buildings therefore they require building permits.
2. Do agricultural buildings require plumbing or electrical permits? Are they subject to inspections? Yes. Plumbing and electrical installation requires permits and inspections.
3. Do I need to subdivide my property to give a lot to my son or daughter? Yes.
You must comply with all of the county and state regulations, such as
well and septic regulations before you can give land to a child. The
first step is to hire a surveyor to prepare a subdivision plan and have
the plan submitted to the Office of Permitting & Inspections for approval.
4. How do I sell a portion of land to my neighbor? The
first step is to have a surveyor draw up a plat map to add their
property to yours. This is called an addition plat. The surveyor will
then submit the plat to the County’s Office of Permitting & Inspections for approval.
5. How many development rights (lots) am I entitled to? Development
rights are determined by zoning regulations, which state that any
agriculturally zoned land that existed as of August 18, 1976 is entitled
to 3 development rights plus the remainder lot. Depending on the size
of the farm, additional rights may be given if the lots are clustered.
Cluster rights are determined by the size of the farm. All properties
must go through the subdivision regulations set by the Frederick County Office of Permitting & Inspections.
6. Are mobile homes permitted in the agricultural zone? Yes, mobile homes are permitted as primary dwellings or to be used as a tenant house.
7. If I replace a dwelling do I need to pay the impact fee? You
can request a waiver of the impact fee if you are replacing one
dwelling for an existing dwelling that is being taxed as a dwelling
unit.
8. Is a permit required for a new well? Yes. Please contact the Health Department for more information concerning wells.
9. Is a permit required for a new driveway? Yes. Please contact the Construction Management Department for additional information on driveway permits.
10. Are there regulations on clearing trees? Yes. Certain regulations may apply if you are clearing trees. Please contact the Office of Permitting & Inspections for more information.
11. Is there a limit to the number of farm animals I can have? If
you are zoned agricultural there is no limit to the number of farm
animals you may have with the exception of hogs. Swine operations must
comply with the Intensive Swine Feeding Operations Part I Chapter 19
Sections 8.500 to 8.500.16 of the Zoning Ordinance.
12. Am I allowed to sell agricultural products on my property? Yes,
as long as the agricultural product is grown on the property. Products
such as vegetables, fruits and hay can all be sold on the farm.
13. What about producing and selling jellies, ice cream, wine, etc.? Producing
an agricultural product such as wine from grapes is considered
agricultural processing and requires special permitting. Please contact
the Community Development Division for more information.
14. What about corn mazes or petting farms? Yes,
these are allowed in agriculturally zoned properties without a permit
as long as they meet the requirements of the agricultural enterprise
section of the Zoning Ordinance.
15. Do I need a Soil Conservation Plan? Conservation
Plans are valuable in helping to protect water quality by correcting
soil erosion problems, and by keeping your farm in order. Contacting the
Frederick County Soil Conservation District office can start plans.
16. What about tenant houses, how many acres do I need to build one? Are there building size limitations? Tenant
houses require permits, impact fees and all other approvals. There are
no size limitations on tenant houses. The number of tenant houses you
are entitled to depends on the amount of acreage you own. See chart
below.
|
Acres
|
Tenant Houses
|
|
25 – 99.9
|
1
|
|
100 – 149.9
|
2
|
|
150 – 199.9
|
3
|