Kent County Agricultural Resolution Board

§ 84-4. Agricultural Resolution Board

A. There is hereby established the Kent County Agricultural Resolution Board (“Board”). The Board shall arbitrate and mediate disputes involving agricultural operations conducted on agricultural lands and issue findings concerning whether or not such agricultural operations are conducted in a manner consistent with generally accepted agricultural practices.

B.The Board shall be composed of five voting members appointed by the Kent County Commissioners. Initial appointments shall not exceed three years beginning January 1, 2005. Subsequent appointments shall be staggered for three-year terms with at least one term expiring each year. Members may serve no more than three consecutive terms. Board meetings are open to the public. The Board shall convene annually to elect a Chairman and Vice-Chairman one of whom shall be from the agricultural community and the other of whom shall not be from the agricultural community. The Board shall establish rules of procedure, which shall be submitted to the Kent County Commissioners for review and approval. Upon the request of a party or upon their own initiative the Chairman of the Board, or Vice-Chairman in the absence of the Chairman, shall have the power to issue subpoenas for the presence of witnesses, the production of evidence, or both. Board members shall serve without monetary compensation. The members of the Board shall be composed of:

• Two members who are actively engaged in agriculture

• One member from the business community; and

• Two members at large

C.A representative of the University of Maryland Cooperative Extension and a member of the Kent County Soil and Water Conservation District shall be appointed by the Kent County Commissioners to serve as nonvoting members of the Board. In any dispute, they may present facts and information and expert opinions to the Board based on generally accepted scientific research and best management agricultural practices as they pertain to a particular dispute. The Board shall consider their opinions in any final recommendations.

D. The Board may request that an attorney be present at the meeting where the members believe legal advice is required to resolve the dispute. The Kent County Administrator may authorize the Board to employ a member of the Kent County Bar to be present and provide legal assistance. The attorney shall be compensated at a rate not to exceed the rate of compensation then in effect for the Kent County Attorney.

E. Staff from the Kent County Department of Planning and Zoning shall prepare staff reports and record and maintain minutes of the Board in a permanent record file. The entirety of the file shall be available for public review upon request.