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

Part 2 of Chapter 19, the Right to Farm law, was adopted 8-20-1999 and amended in its entirety 11-11-2008 by Ord. No. 08-24. Section 19-10(A) bars a private action over an agricultural operation conducted on agricultural land on the ground that it interferes with the use or enjoyment of property, public or private, if the operation was conducted substantially in accordance with accepted agricultural practices at the time the interference is alleged. Section 19-10(B) adds a gate: no action alleging interference with reasonable use or enjoyment of real property or personal well-being can be maintained unless the plaintiff has sought and obtained a final judgment of the Agricultural Reconciliation Committee.

Agricultural land under § 19-9 means property in the Agricultural District, property in other zoning districts carried on the State Department of Assessments and Taxation rolls as agricultural, or property in other districts used as an agricultural operation continuously for one year. The definition of agricultural operation lists the cultivation and tillage of soil, composting, poultry, eggs, milk, livestock including equine enterprises, bees, fish, fruit, vegetables, timber and educational uses such as 4-H and Future Farmers of America. Disputes go first to the Agricultural Land Preservation Program Administrator in the Department of Economic Development, Agricultural and Tourism, then to the six-member Committee appointed by the County Commissioners.

The Committee issues a written decision within 30 days of the final proceedings, extendable once by 30 days. 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. A party who sues in bad faith or without substantial justification can be ordered to pay the farm owner's costs and reasonable attorney's fees. Section 19-11.1 requires a transferor of real property by any means to give the purchaser or lessee the right to farm statement.