Frequently Asked Questions

1. Open the Montgomery County Zoning map online at http://www.mcatlas.org/zoning/. Other map features can be accessed at  https://mcatlas.org/viewer/
2. Enter the address-of-interest in the Address/Place Name Search box in the upper right-hand corner or us zooming tools on upper left-hand corner of the map to navigate to the property-of-interest.
3. Click on the property-of-interest. A “ Property Info” box will appear on the left-hand side of the screen. The second section of this box is entitled, “ Zoning Info”. The Zone information is contained in this box. Click the zone title for more detailed information.

Find the zoning for your property, following these steps:

Step 1

1. Open the Montgomery County Zoning map online at http://www.mcatlas.org/zoning/
2. Enter the address-of-interest in the Address/Place Name Search box in the upper right-hand corner or us zooming tools on upper left-hand corner of the map to navigate to the property-of-interest.
3. Click on the property-of-interest. A “ Property Info” box will appear on the left-hand side of the screen. The second section of this box is entitled, “ Zoning Info”. The Zone information is contained in this box. Click the zone title for more detailed information.

Step 2

1. Find the zoning for your property, described above.
2. Open the Montgomery County Zoning Ordinance (Chapter 59)
3. Click the "+" sign next to Montgomery County Zoning Ordinance
4. Click the "+" sign next to Chapter 59
5. Expand (click the “+” sign) next to “Article 59-3. Uses and Use Standards”
6. : Expand (click the “+” sign) next to “ Division 3.1. Use Table”
7. Click on “ Section 3.1.6. Use Table”. Find the zone of your property in the horizonal zone list across the top of the table, and the corresponding cell for the agricultural use you are investigating.
   • If the cell contains “ P”, the use is permitted in the zone;
   • if the cell contains an “ L”, the use is permitted if it meets the limited use standards in Division 3.2 through Division 3.7;
   • if the cell contains a “ C”, it is a Conditional Use and the use must meet the conditional use standards in Division 3.2 through Division 3.7 and requires approval by the Hearing Examiner under Section 7.3.1;
   • if the cell is blank, the use is not permitted in the zone.
8. Research additional information related to the use you are investigating by clicking on the link to the appropriate “ Definition and Standard” in the table, or by choosing a corresponding section from “ Division 3.2. Agricultural Uses” on the menu of the left-hand side of the screen.

Agricultural products can be marketed in Montgomery County at various outlets, including on-farm markets and farmers markets. Each outlet has its own set of requirements.

Farmers Markets:

Each farmers market is run independently and has its own administrative processes and oversight authority.

1. To sell products at a farmers market, contact the Market Master for that market.
2. To sell prepared foods at a farmers market, you must obtain a license from the Montgomery County Department of Health and Human Services.

Sales in the public right-of-way:

If you are interested in selling agricultural products in the public right-of-way, become a Certified Agricultural Producer through the Department of Permitting Services.

On-farm markets:

If you want to sell your products at an on-farm market, you may need to obtain permits from the Department of Permitting Services (DPS) for a market building to which the public has access. See FAQ "Do I Need Permits to Build Structures on My Farm?"

Other marketing opportunities:

The OAG maintains a Farm Directory (coming soon!) and promotes an Annual Farm Tour and Harvest Sale. If these marketing opportunities are of interest to you, please contact OAG at (301-590-2859).

Ag zoning notification requirements:

Do you live near a farm? If you’re planning to buy or sell a home in a rural area or near farmland, this notification requirement may apply to you. In an effort to promote the primary land-use of agriculture and farming in the Agricultural Reserve, the County Council passed Bill number 12-07, Real Property – Agricultural Zones - Disclosure effective January 14, 2008. The purpose of Bill 12-07 is to inform and educate potential residents in agriculturally zoned areas that agriculture is the preferred land-use and farming operations are permitted at all times. Residents and other occupants of property within or near land in agricultural zones should be prepared to accept the effects of usual and customary agricultural operations, facilities, and practices, including noise, odors, dust, smoke, insects, operation of machinery, storage and disposal of manure, unusual hours of operation, and other agricultural activities.

Bill 12-07 states, “if any real property is located in, adjoins, or confronts an area zoned agriculture…the seller must disclose to each prospective buyer, before the buyer signs a contract for the sale of the property, that existing County and State law is intended to discourage owners of real property adjacent to agriculture-zoned land from filing certain lawsuits against an owner or operator of an agricultural use in those areas.”
Link:  Sec. 40-12B. Real property sold in Agricultural Zones.

Ag transfer tax

The Office of Agriculture is often asked by landowners about when application of State Agricultural Transfer Tax, the MARBIDCO Surcharge and County Agricultural Transfer Tax are applied to a property when it is transferred.  Which tax applies and how much tax is charged depends upon several factors.  These factors include whether or not the property will remain in agricultural use, how long the property has been agriculturally assessed, whether or not the property is preserved by a perpetual agricultural preservation easement and how the property is zoned.  Below are three examples with explanations detailing how these taxes and surcharges are applied, and how much the calculated tax would be depending upon the factors outlined above.

How Does the State and County Agricultural Transfer Tax including the MARBIDCO Surcharge Work?
Here are three examples detailing 2 properties that transferred showing the following:
How the State Agricultural Transfer Tax was calculated
How the County and State Shares of the State Ag Transfer Tax are distributed
How the MARBIDCO Surcharge is calculated
How the County Agricultural Transfer Tax was calculated

Explanation of how the Transfer Taxes are imposed on agriculturally assessed land when the property is removed from agricultural use
Example # 1:
When a property is transferred that is agriculturally assessed the State agricultural transfer tax is imposed if the property is removed from agricultural use.  The State agricultural transfer tax is 5% of the sale price or consideration minus the value of the improvements.  The State agricultural transfer taxes collected is then shared between the County-75% and the State-25%.   An additional 25% MARBIDCO Surcharge is imposed and the County imposes a Local agricultural transfer tax.  

Property	Sale Price Consideration	Total  State Ag Transfer Tax  5%	MARBIDCO *Surcharge	Total County Ag Transfer Tax 1-6%	Total Paid State Ag Transfer Taxes/Surcharge an
Property Example #1	$612,636	$30,634.80	$7,658.7	$6,126.96	$44,420.46
Property Example #2	$3,310,560	$165,528.00	$41,382.00	$33,105.6	$240,015.60

* The MARBIDCO surcharge is calculated as 25% of the total State Agricultural Transfer Tax paid.

Explanation of how Transfer Taxes are imposed when agricultural assessment and agricultural use continues
Example # 2: 
For a Property Located in the Agricultural Reserve AR-zone:

State Agricultural Transfer Tax (SATT)
Prior to HB20 passing during the 2019 Maryland Legislative Session, when a property assessment changed from agricultural to a non-agricultural use, there was a provision in the Real Property Article that allowed for the State Agricultural Transfer Tax (SATT) to be waived if a property was kept in an agricultural use for 5 years after the assessment was changed. This provision allowed developers to avoid paying the SATT.

HB20 removed this provision. Instead of waiving the SATT after 5 years in agricultural use post-assessment change, the amount of SATT to be paid is now calculated based on the amount of time between the change in assessment and when the property is transferred.

1. The SATT is reduced by 25% if the time between the change of assessment and the property's transfer is at least 1 full taxable year.
2. The SATT is reduced by 50% if the time between change of assessment and the property's transfer is at least 2 full consecutive taxable years.
3. The SATT is reduced by 65% if the time between change of assessment and the property's transfer is at least 3 full consecutive taxable years.

HB20 does require that a minimum amount of SATT be paid, but this amount decreases as the amount of time between the change in assessment and the property's transfer increases.
For example:

1. After July 1, 2019 - a property had its assessment changed on July 1, 2019, then the property transfers after July 1, 2020, the amount of SATT to be paid will be 75% of the normal amount.
2. After July 1, 2019 - a property had its assessment changed on July 1, 2019, then the property transfers after July 1, 2021, the amount of the SATTto be paid will be 50% of the normal amount.
3. After July 1, 2019 - a property had its assessment changed on July 1, 2019, then the property transfers after July 1, 2022, the amount of the SATT to be paid will be 35% of the normal amount. This example represents the minimum amount of SATT to be paid.

HB20 went into effect on July 1, 2019. Any properties that had the assessment changed from agricultural use to residential or other use prior to the bill going into effect will need to contact the State Department of Assessment and Taxation to determine the amount of SATT due upon sale. The Office of Agriculture cannot determine when a property assessment was changed or calculate taxes due.

For assistance with calculating SATT due, please contact the Maryland Department of Assessments and Taxation ( https://dat.maryland.gov/pages/default.aspx).

For more information on HB 20, please visit the Maryland General Assembly Page.

County Agricultural Transfer Tax
If the property is located in the Agricultural Reserve-AR zone or encumbered by a permanent agricultural easement the County agricultural transfer tax is 1% minus the value of the improvements. 

For a Property Located Outside the Agricultural Reserve AR-zone:
Example # 3:
When a property located outside of the Agricultural Reserve AR-zone is transferred and the property is agriculturally assessed and a Declaration of Intent is signed to continue the agricultural use, the State agricultural transfer tax is waived.  However, since the property is outside the AR zone the County imposes a County agricultural transfer tax on a sliding scale basis from 1-6 % depending on how many years the property has been agriculturally assessed minus the value of the improvements.  

Property assessed for agricultural use for 1 year = 2.4%
Property assessed for agricultural use for 2 years = 3.8 %
Property assessed for agricultural use for 3 years = 5.2 %
Property assessed for agricultural use for +3 years = 6.0%

Property	Sale Price Consideration	Total  State Ag Transfer Tax 5%	MARBIDCO Surcharge	Number of Years Ag Assessed	Total County Ag Transfer Tax 2.4% up to 6%	Total Paid County Ag Transfer Taxes
Property Example #1	$612,696.00	$0.0	$0.0	1 Year (2.4%) 2 Years (3.8%) 3 Years (5.2%) 4 Years (6%)	$14,704.70 $23,282.45 $31,860.19 $36,761.76	$14,704.70 $23,282.45 $31,860.19 $36,761.76
Property Example # 2	$3,310.560	$0.00	$0.00	1 Year (2.4%) 2 Years (3.8%) 3 Years (5.2%) 4 Years (6%)	$79,453.44 $125,801.28 $172,149.12 $198,633.60	$79,453.44 $125,801.28 $172,149.12 ​$198,633.60

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How does the Declaration of Intent for Maintaining Agricultural Use Assessment for the Agricultural Land Work

When a property that is agriculturally assessed is conveyed through a sale or change in ownership and it is determined that the agricultural use will no longer be ongoing, a State Agricultural Transfer Tax will be levied against the property.  However if it is the intent of the purchaser or new owner to continue the agricultural use a Declaration of Intent may be executed at settlement.

The purpose of the Declaration of Intent is to declare a landowners intention to continue and/or place lands purchased into agricultural use in return for receiving a preferred agricultural use tax assessment on the land. In accordance with provisions of section 8-209 of the State of Maryland Tax-property article the property must remain in agricultural use for a period of at least five (5) consecutive full taxable Years following the date of the declaration. If the land does not remain in agricultural use, the owner must notify the  Department of Assessments and Taxation. Failure to comply with the requirements for agricultural use assessment during the first five (5) full taxable years following the transfer will require the imposition of the agricultural transfer tax, it will be based upon  a current fair market value appraisal and a 10% penalty. The ceasing of agricultural activities or the construction of non-agricultural improvements (structures) or site improvements on all or part of the parcel Is a violation of the declaration. A violation of the declaration of intent Subjects the property to a tax penalty.

By clicking on the links below, you can access a copy of the Declaration of Intent and the application for an Agricultural Use Assessment.
Declaration of Intent (PDF)
Application for Agricultural Assessment

Please call Mike Scheffel at 301-590-2856 with additional questions.

An agricultural use assessment allows a property to be taxed at the agricultural rate, rather than the “highest and best use” rate, which would be residential. This lower property tax rate helps to keep farming affordable in Montgomery County. To determine if your property may qualify for an agricultural use assessment: Review the Maryland Assessment Procedure Manual

In summary, properties may be eligible for an agricultural use assessment if they meet certain criteria.

1. Properties less than 20 acres but greater than 3 acres may qualify for the ag use assessment if one of the following tests are met:
   • 3-5 acres are devoted to agricultural activities, and at least $2500 gross income from approved agricultural activities, or
   • 5-20 acre are devoted to agricultural activities
2. Properties greater than 20 acres in size must meet ratio requirements to qualify for an agricultural use assessment. In Montgomery County, the ratio is 5:1.
   • Example: A taxpayer owns a 200-acre property in Montgomery County and 25 acres are devoted to active agricultural activities. The amount of actively used land eligible for agricultural use assessment is 125 acres (25 x 5 = 125). The remaining 75 acres are valued and assessed at market value.
3. Woodland properties or properties with woodlands under management are valued differently. Please see Chapter 18.02.03. Agricultural Use Assessments of the Code of Maryland Regulations for more information.

To request agricultural use assessment for your property, you must complete and submit the Maryland State of Assessments & Taxation Agricultural Declaration of Intent and the  Application for Agricultural Use Assessment . 

Farmers are exempt from certain taxes, including the sales and use tax for sales or rentals of farm equipment used for agricultural purposes. There are also exemptions available for farmers involved in food processing, the sale of agricultural products, and the purchase of agricultural supplies. For more information about these tax exemptions and eligibility requirements, please see these links from the Comtroller of Maryland:
https://www.marylandtaxes.gov/business/sales-use/tax-exemptions/index.php
https://marylandtaxes.gov/forms/Business_Tax_Tips/bustip11.pdf

Conservation equipment like no-till drills, liquid manure injection equipment, GPS devices, and other conservation tools are tax deductible! The Maryland Income Tax Subtraction Modification for Conservation Equipment allows farmers to subtract eligible equipment purchases from taxable income on Maryland individual and corporate tax returns. For more information, please review the brochure and the Certificate of Conservation for Maryland Income Tax Subtraction form in the following links from the Maryland Department of Agriculture:
https://mda.maryland.gov/resource_conservation/Documents/taxsubtraction.pdf
https://mda.maryland.gov/resource_conservation/counties/MD%20Income%20Tax%20Subtraction%20Form%202013-03-13FINAL.pdf

The Montgomery County Council adopted Zoning Text Amendment (ZTA) 20-01 on February 23, 2021. This ZTA details how accessory (200% or less of on-site energy demand) or community solar (greater than 200% of on-site energy demand but 2MW or less of energy generated) projects are governed.

Accessory Solar Projects are limited uses under the Zoning Ordinance.  A limited use may be approved without a hearing if it meets the specific criteria.  A limited use will need to obtain other applicable County permits (such as a building permit, if required). See this Solar Project Guidance document for details.

In Montgomery County, landowners can choose from seven separate agricultural land preservation programs. Each of these programs place an easement on the property which prevents future commercial, residential or industrial development of the land. The programs available are:

1. Building Lot Termination Program (BLT)
2. Conservation Reserve Enhancement Program
3. Legacy Open Space Program (LOS)
4. Maryland Agricultural Land Preservation Foundation (MALPF)
5. Maryland Environmental Trust (MET)
6. Montgomery County Transfer of Development Rights Program (TDR)
7. Montgomery County Rural Legacy Program (RLP)
8. Montgomery County Agricultural Easement Program (AEP)

You may find it economically advantageous to participate in one of these agricultural land preservation programs if you and your family intend to continue farming or if you desire to have your land protected from future development. Montgomery County is committed to preserving farmland to ensure the viability of the agricultural industry which contributes to the County's economic diversity.

Compare and contrast the agricultural land preservation programs that purchase development rights in exchange for placing an easement on the property. Click here.

Chapter 8 of the Montgomery County Code governs all aspects of building construction and demolition, both public and private.

Agricultural Buildings ( Chapter 8-1)
A building or structure (i.e. building, fence, grain bin, etc.) used exclusively for agricultural purposes on land used exclusively for agriculture is exempt from needing a building permit. However, the building is not exempt if it is used for a purpose that is not exclusively agricultural, including conditional uses, or if it is an equestrian facility, building, or structure intended for use by participants or spectators at an equestrian event.

If an existing agricultural building will be used for agritourism and will have an occupancy of fewer than 100 people, a building permit will not be required. These agricultural buildings will still need to meet electrical and structural safety standards and conform to ADA requirements.

Even when no building permit is required from the Department of Permitting Services for the construction of an agricultural building, the building and associated erosion and stormwater control measures must be constructed with oversight from the Montgomery Soil Conservation District.    In addition, agricultural buildings are still required to get all necessary electric, well, and septic permits. To request technical assistance from the Soil Conservation District, please complete the request form and submit it to the District Staff.

Farm Alcohol Production is allowed as a limited use in the Agricultural Reserve when it is an accessory use to the farm. Therefore, a tasting room or event facility that is inside an existing agricultural building will not require a permit if it is built for a occupancy of fewer than 100 people.

Forest Conservation ( Ch. 22A)  When a building permit is required, forest conservation will be required as part of the permitting and approval process.

Erosion, Sediment Control, and Stormwater Management ( Ch. 19) Erosion, sediment control, and stormwater management plans will be required for the construction of any non-agricultural building.

“Do I need a building permit to build my agricultural structure?”
The answer to this question is maybe.  If your land is agriculturally zoned and receiving an agricultural use assessment, you can erect an agricultural structure without the need to secure a building permit from the County. While being ag zoned and ag assessed will exempt you from the building permit process, any amenities added to the structure would require additional permits from the County (i.e. electrical permit for adding electricity to your ag structure).   If your lands are assessed for anything other than agriculture, you would need to secure a building permit from the County as well as comply with any other requirements including but not limited to forest conservation.

“Does my agricultural building need to comply with Erosion & Sediment Control and Stormwater Management requirements”. 
Erosion and Sediment Control
The short answer is yes if the limits of the land disturbance will exceed 5,000 square feet or you import more than 100 cubic yards of earthen materials. There could be additional requirements if the removal of vegetation is required to construct the structure. For disturbances under 43,560 square feet, under State law, the District can assist you in meeting the requirements of the State Erosion and Sediment Control Law by developing a Soil Conservation and Water Quality Plan that incorporates the disturbance activity.  If the land disturbance for the structure exceeds 43,560 square feet, a formal erosion and sediment control plan must be approved by the County’s Department of Permitting Services.
Stormwater Management
If the land disturbance for the agricultural structure exceeds 5,000 square feet or the importation of more than 100 cubic yards of earthen materials, then the State Law also requires the project to meet Stormwater Management requirements.  If the District determines that the disturbance exceeds the 5,000 sq ft or 100 cubic yards of earthen material, then the District will inform the landowner/operator to contact the County’s Department of Permitting Services (DPS) to coordinate the review and approval of the project’s stormwater management plan.  Once the plan is approved by the County DPS, the District can assist with the implementation of the Stormwater Management Plan.  

We understand that these matters can be somewhat confusing, and it is why we always recommend that you contact the District before undertaking any land disturbance project.  We are always happy to answer any questions you may have.  Contact us at 301-590-2855.

The Montgomery County Department of Transportation is responsible for maintaining trees along County roadways. Department of Transportation Tree Pruning Page.

If you need additional assistance, please contact OAG at 301-590-2823.

The requirements to farm in the county will depend largely on the type of operation. Some examples of requirements are listed below. Additional information can be provided by OAG when your facility-specific information is known.

Soil Conservation and Water Quality Plan:

A Soil Conservation and Water Quality Plan from the Montgomery Soil Conservation District is required if you want to participate in Federal conservation programs, have 11 or more horses onsite, or need a stable license. Plans are free, provide good information, access to cost share opportunities and are available for any size farm. Additionally, prior to cutting/removing any trees or moving any earth, you should  seek assistance from the Soil Conservation Distict by submitting a Cooporative Agreement. Contact Montgomery Soil Conservation District or call 301-590-2855.

Nutrient Management Plan:

If you have 8 animal units (8,000 lbs) on site or gross $2500 in agricultural sales, you will need a Nutrient Management Plan. Please contact the University of Maryland Extension Agricultural Nutrient Management Program for more information or call 301-590-2840.

Pesticide Applicator’s License:

If you apply pesticides to your farm operation, you may need a private applicator’s license. Pesticide Applicator Certification and Business Licensing Requirements Document

Stable Licenses:

You will need a state stable license if you board or sell more than 5 horses annually or hire or give instruction on one or more horses. Contact MDA Maryland Horse Industry Board  or 410-841-5861.

You may need a county stable license, as well. Contact the County Animal Services Division to see if that is a requirement for your farm 240-773-5900.

If you need help interpreting what kind of stable license you need to obtain, please call the OAG at 301-590-2823.

The Department of Permitting services regulates backyard chickens as a residential use.
Here is a link to their web page for information about back yard chickens

The Zoning Code for Urban Farming:
Section 3.2.9. Urban Farming
A.   Defined
Urban Farming means the cultivation of fruits, vegetables, flowers, and ornamental plants, as well as the limited keeping and raising of fowl or bees and the practice of aquaculture.
B.   Use Standards
Where Urban Farming is allowed as a limited use, it must satisfy the following standards:
1.   The minimum area for an urban farm is 2,500 square feet. This standard does not apply to the keeping of bees.
2.   One fowl may be kept for every 1,000 square feet of lot or parcel area; roosters are prohibited.
3.   Aquaculture is permitted in tanks or pools.
4.   The maximum gross floor area of all structures, including aquaculture tanks or pools but excluding greenhouses, is 10% of the lot or parcel on any urban farm.
5.   The minimum setback for accessory structures from any lot line is 15 feet.
6.   The maximum height for any accessory structure, including any pitched roof, is 14 feet.
7.   Only manual or walk-behind mechanical equipment and practices commonly used in residential gardening may be used.

If you are interested in developing a Farm Alcohol Production (FAP) business on your property, please contact Mike Scheffel ([email protected]) and/or Natalia Salazar ([email protected]) at the Office of Agriculture to discuss your ideas and obtain guidance on the process. One of your first steps would be to apply to the State of Maryland for an Alcohol Manufacturer License.
Montgomery County has many requirements and conditions for FAP that vary depending on various aspects of the property and proposed business.  This information sheet provides preliminary considerations for new FAP businesses:

• This PowerPoint presentation and guidance document will help you better understand the requirements for handling wastewater from your new business.
• This document provides well and septic guidelines for FAP facilities.

Montgomery County Code: Section 3.2.10. Accessory Agricultural Uses
B.   Farm Alcohol Production
1.   Defined
Farm Alcohol Production means the transformation of agricultural products into alcoholic beverages. Farm Alcohol Production includes wineries, cideries, breweries, or distilleries on farms. Farm Alcohol Production may include other activities unrelated to the production and sale of alcohol or farming under certain circumstances.
2.   Use Standards
a.   Where Farm Alcohol Production is allowed as a limited use, it must satisfy the following standards:
i.   The production capacity and associated activities of the alcoholic beverage must comply with the license issued by the State of Maryland Comptroller's Office.
(a)   A brewery must have a Class 8 Farm Brewery License;
(b)   A winery must have a Class 4 Limited Winery License; and
(c)   A distillery must have a Class 1 Distillery License.
ii.   Some ingredients used in the production process must be grown on site.
iii.   Wineries and cideries must have at least 5 acres of fruit used in alcohol production grown on site or on abutting or confronting property rented by the producer, and:
(a)   have at least 20 acres of grapes or other fruit in cultivation on property they own, rent, or control; or
(b)   source a majority of their grapes or other fruit from Maryland.
iv.   Breweries and distilleries must source a majority of their ingredients, if available at competitive prices, from Regionally-Grown Products. At least 1.0 acre of ingredients must be grown on site for use in the alcohol production process.
v.   A plan with a schedule to increase the use of local Montgomery County agricultural products in the production process must be submitted to the Department of Permitting Services.
vi.   The underlying land must be classified as agricultural by the State Department of Assessments and Taxation and the facility must be an accessory use of the farm.
vii.   Subject to all licensing requirements, the facility may:
(a)   operate an on-site tasting room for its products; and
(b)   prepare and sell food to the extent allowed by the State alcohol manufacturing license.
viii.   Events and activities that are normal and customary to the regular operations of a winery, cidery, brewery, and distillery, including membership-related events and traditional festivals related to agriculture or the business of alcohol production, are allowed without a limitation on the number of guests. A maximum of 5 days of events that require an entrance ticket or a cover charge is allowed each calendar year.
ix.   Weddings, corporate retreats, and other events accessory to the production of alcohol are allowed:
(a)   Except as allowed under subsection (c), the maximum number of participants at any event is 225. There is no limit on the number of events with 100 participants or fewer. The total maximum number of days of events in a calendar year is 50 for events with more than 100 participants.
(b)   A written log of all events must be kept by the holder of the alcohol production license. That log must be available for inspection by the Department of Permitting Services.
(c)   As a conditional use under Section 7.3.1, the Hearing Examiner may approve additional days of large public events and events with greater numbers of participants for either normal and customary events or other accessory events.
x.   If any structure is used for activities under subsection vii, viii, or ix, the structure must satisfy all building, life safety, fire, and sanitation code requirements.
xi.   Illumination at the property line must be limited to 0.1 footcandles or less.
xii.   All parking must be accommodated on site.
xiii.   Noise levels must satisfy Chapter 31B standards.
xiv.   Any new building or surface parking area used for Farm Alcohol Production and related events must be located at least 100 feet from an existing dwelling unit on an abutting property.
xv.   In the AR zone, except for sites where the property owner obtained a Maryland alcohol producer's license before October 2, 2018, the minimum site area for breweries and distilleries is 25 acres.
xvi.   In the RE-1 and RE-2 zones, for breweries, distilleries, and wineries:
the minimum site area is 25 acres;
the site must be located in an area classified as sewer category 6 in the Ten Year Comprehensive Water Supply and Sewerage Systems Plan; and
access must be directly from a roadway classified in the approved Master Plan of Highways and Transitways as a primary residential or higher roadway.
b.   Where Farm Alcohol Production is allowed as a conditional use, it must satisfy the standards under Section  7.3.1.

Who must submit a food service facility license application?
Any person or operation planning to distribute, prepare, handle, or dispense food for public consumption with or without charge must submit a food service license application per the Code of Maryland Regulations – 10.15.03 – Food Service Facilities and Montgomery County Code – Chapter 15 – Eating and Drinking Establishments. This includes Farms.
Visit the Department of Health and Human Services Licensing Division for details.

Farmers who use their residential well for irrigation can save money by installing a WSSC sub-meter.
The sub-meter will track the amount of water used, the farmer will only be charged the water usage rate and not the sewer usage fee. Before installing a sub-meter, a farmer should contact a plumber to determine if the existing infrastructure can support a sub-meter and a cost estimate for installation. Please read WSSC’s information on a sub-meter.
Our ACRE cost-share program can be used to help off-set cost, but you must apply and be approved for funding.

Because per- and poly-fluoroalkyl substances (PFAS) are found everywhere in the environment and in our bodies, they make their way into biosolids (treated sewage sludge). Because of their high nutrient value and organic matter content, biosolids are sold to farmers and residents for application to agricultural fields and gardens. The levels of PFAS in a biosolid product depend largely on whether the wastewater treatment plant it was produced in receives industrial wastes. Bloom, the biosolid product generated at the Washington, DC Blue Plains Advanced Wastewater Treatment Plant and used in Montgomery County, has low levels of PFAS relative to other biosolids and some common food items and daily use products. The scientific research carried out so far suggests that biosolids with low PFAS levels, such as Bloom, can be safely applied to agricultural fields and gardens.
However, out of an abundance of caution the Office of Agriculture has recommended to county farmers that they voluntarily suspend the application of all biosolids on their fields until further studies are carried out. Biosolids can be legally applied to agricultural and residential properties in accordance with state nutrient management regulations .  Like all other commercial nutrient sources, biosolids are registered with the state and tested regularly.
Click here for more information about PFAS, government actions related to PFAS, and what we know so far about the safety of applying biosolids to agricultural fields. 

......The University of Maryland Extension's Agricultural Nutrient Management Program, which is a component of the University of Maryland's College of Agriculture and Natural Resources, focuses on balancing nutrient applications with crop requirements to optimize crop production while reducing pollution to the Chesapeake Bay. 
Form and Instructions to request a nutrient management plan for your farm.

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