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: and umaglaw.org SSRN: Phone: