Queen Anne's County, MD Right to Farm: Agricultural Zoning Protection (2026)

The County Commissioners state the purpose of the AG District in § 18:1-14A: preserve and protect areas that are predominately in agricultural use, allow only a minimal amount of new residential development, and keep the rural and agricultural character of the area intact. Subsection A(2) is the right-to-farm intent. Neighbors have no basis under COMAR § 5-4-03 or Chapter 18:1 for recourse against normal farming operations conducted in accordance with standard and acceptable best management practices, and the listed normal effects are noise, odor, vibration, fumes, dust, spray drift and glare.

The zoning chapter carries that policy onto paper at the subdivision stage. Under § 18:1-180E, a plat for a subdivision in or adjacent to the AG, CS or NC Districts must include a right-to-farm statement repeating the no-recourse language, and every subdivision plat must also carry a right-to-conduct seafood industry operations statement.

Chapter 19, Part 2 (the County's Right to Farm law) handles disputes. Under § 19-10, a private action cannot be sustained over an agricultural operation on agricultural land when the operation was conducted substantially in accordance with accepted agricultural practices as the code defines them. Agricultural land means all property in the Agricultural District, plus land in other districts that is on the State tax rolls as agricultural or has been farmed continuously for one year. Section 19-10B goes further: no action over interference with the use or enjoyment of real property or personal well-being can be maintained unless the plaintiff first sought and obtained a final judgment of the Agricultural Reconciliation Committee.

A dispute starts with the Agricultural Land Preservation Program Administrator in the Department of Economic Development, Agricultural and Tourism. The Committee has six Queen Anne's County residents appointed by the Board of County Commissioners, including the Environmental Health Officer, two members from the agricultural community and one member from a municipality. It issues a written decision within 30 days of the final proceedings. Its orders bind the parties, but enforcement is suspended if a party appeals to the Circuit Court for Queen Anne's County within 30 days, and the appeal is a trial de novo.

Under § 19-11.1, every transferor of real property, by any means, must give the purchaser or lessee a statement about the right-to-farm article. Section 19-8D makes the protections effective whether or not that disclosure was made.