CHALLENGES TO AG LAW
OUTREACH IN MARYLAND
Paul Goeringer, Extension Legal Specialist &
Economist
Southern Ag. Economics Association Annual
Meeting, Feb. 4, 2014
Overview
• Importance of environmental law outreach:
Overview
• Maryland UME county educators getting a lot of calls on
this area:
Overview
• Survey results
demonstrate the
importance of
environmental law
outreach and education in
Maryland
• Understanding the
regulatory process is not
something that is going
away and only has the
potential to grow in
importance in agriculture
(in not just MD but around
the U.S.)
Overview
• Survey also show struggles
farmers in the state have with
land use laws
• Majority of counties have
zoning and land use regs
• Counties also experience
urban pressures as those with
jobs in DC, Baltimore, and
Philadelphia move into rural
areas
• Heightened importance to
state’s right-to-farm law
• Provides unique educational
opportunities at same time
ENVIRONMENTAL LAW
Agricultural Certainty Program
• Program was established in 2013 Legislative session to
provide farmers who implement certain practices and
have on file certain plans protection from changing state
environmental regulations for 10 year period
• At end of 10 year period, farmer exiting the program would need to
be in compliance with all current regulations.
• Program would not exempt them from federal laws or federal permit
requirements.
• Committee of state officials and private leaders are
currently working to develop the regulations for this
program.
• Committee has met monthly since August of 2013
• Should go out for comment sometime this year.
Why Legal Education Matters
• Just covered two differing approaches to environmental
regulations in MD.
• Proposed reg on expedited track
• Proposed reg going through normal process
• Both demonstrate a need to educate public on reg’s
meaning and how it could impact operations under
varying scenarios.
• PMT this was hard to do – had loud voices in the room on both
sides.
• Certainty program seems easier, but maybe that process is more
deliberate and thoughtful
Why Legal Education Matters
• Sadly, School House Rock
never did a song on a
regulation to make this
easy
• Have materials available
that cover notice and
comment process in MD.
• Ability to incorporate those
materials into materials
that provide analysis of
laws and proposed
regulations
Future Roles
• With Ag Certainty process:
• Keeping up with their various
draft regulations.
• Plan is once draft regulations
announce, UME publication
will be available walk the
public through the notice and
comment process and what
the regulations mean.
• Work with counties with
demand for workshops,
videos, or any other form of
outreach to help producers
understand what the law
means
Future Roles
• Joint project between
UMD, UMB’s School of
Law, and UM-Eastern
Shore
• Leverage resources
available at all 3
institutions to work on
issues impacting ag,
especially in area of
environmental law
LAND USE
Realtor Workshops
• Started in 2013 as joint
program offered by MD
Department of Ag, Southern
MD Ag Development
Commission, and UMD to
county realtor associations.
• Program offers C.E. credit to
realtors over zoning issues in
agriculture, land preservation
issues, right-to-farm law, ag
mediation availability, impact
of ag leases, overview of
MD’s Septic Law, and
available resources.
Realtor Workshops
• Have conducted 5 to date with 2
more planned for spring of ’14 and
probably more into the future.
• Response has been very
encouraging:
• Most realtors have put the materials to
work with clients moving in to ag areas
for the first time
• Encouragement has been to come back
with similar type C.E.s on other ag
related issues that impact their clientele.
• Will see if has positive impact on
producers being impacted by new
non-ag neighbors.
Wrap-up
• A state like Maryland
presents some
interesting challenges
to area of legal risk
management
education.
• Although can be
challenges, many
opportunities do exist
THANKS
ANY QUESTIONS?
Contact info:
Website: http://agresearch.umd.edu/CANRP/ and umaglaw.org
SSRN: http://ssrn.com/author=1948372
Phone: 301-405-3541
Twitter: @AgLawPaul
Email: lgoering@umd.edu