On the agenda: Frederick meeting — data center (Apr 27)

Jessica Fitzwater
County Executive

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE
Department of Agricultural Preservation

Katie Stevens, Director
Shannon O’Neil, Program Manager

Agricultural Preservation Advisory Board
AGENDA
April 27, 2026, at 7 p.m.
Winchester Hall – Second Floor, Winchester Room
FINAL
AGENDA
I.
II.
III.
IV.
V.
VI.
VII.

VIII.

IX.
X.

Call to Order
Attendance
Approval of the Agenda
Approval of the Minutes from February 23, 2026
Reports
Old Business
New Business
a. Brookfield Pumpkins IPP Ag Tourism Request
b. FY26 IPP FRO Proposals
c. IPP Ranking Updates
d. Bauer/Fleming MALPF Solar Request
Comments and Announcements
a. Program Comments
i. MALPF
ii. IPP
iii. Rural Legacy
iv. CREP
v. Critical Farms
vi. Next Generation
vii. Violations Updates
b. Other Comments
i. MPRP Proposed Transmission Line
ii. Boards and Commissions Appreciation Event 05/07/26
Public Comment
Adjournment

Next Meeting Date is Tuesday, May 26, 2026 at 7:00pm in the First Floor Conference Room

Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

Jessica Fitzwater
County Executive

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE

Katie Stevens, Director
Shannon O’Neil, Administrator

Department of Agricultural Preservation

Agricultural Preservation Advisory Board
Open Session Meeting
Minutes of Monday, February 23rd
Winchester Hall – Second Floor, Hearing Room
Draft 3/2/2026
I.
II.

III.
IV.

V.
VI.
VII.

Call to Order: Matt Toms called the meeting to order at 7:00pm.
Attendance: Matt Toms, Chair, Caroline Orlowski, Secretary, Sandra Tucker, Brenda
Ripley, Council Member Steve McKay, Liaison
Shannon O’Neil, Ag Preservation Program Administrator, Beth Ahalt, Ag
Preservation Program Specialist, Jenna Zimmerman, Ag Preservation Program
Specialist, Joshua Brewster, Senior Assistant County Attorney and Katie Stevens,
Director of Office of Agriculture.
Approval of the Agenda: Caroline Orlowski made a motion to approve the agenda. The
motion was seconded by Sandra Tucker. The motion was approved 4-0-0-1.
Approval of the Minutes from December 1, 2025 Ag Board Meeting: Caroline
Orlowski made a motion to approve the minutes from the December 1, 2025, Board
meeting. The motion was seconded by Brenda Ripley. The motion was approved 4-0-01.
Reports- No reports.
Old Business- No old business.
New Business
A. Crum Owner’s Lot (MALPF): Staff presented a request for an owner’s lot
on a MALPF easement property owned by David and Barbara Crum, who
are the original grantors. The property was placed under easement in 2018,
and no other lots have been requested. The request is for a 1–2-acre
owner’s lot. The proposed site location was selected because it would be
the least impactful to their current agricultural operation. Caroline
Orlowski made a motion to approve the owner’s lot request. The motion
was seconded by Sandra Tucker. The motion was approved by a vote of 40-0-1.
Ag Board Members
Sandra Tucker
Matthew Toms
Caroline Orlowski
Lisa Gaver
Brenda Ripley

Aye
X
X
X

Nay

Abstain Absent

X
X

B. Nowell Special Occasion Event Venue Request (MALPF): Staff
presented a request to the Board to allow a special occasions/event
Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE
Department of Agricultural Preservation

Jessica Fitzwater
County Executive
Katie Stevens, Director
Shannon O’Neil, Administrator

venue use on Tyler Nowell’s MALPF easement property. The property
was placed under a MALPF easement in December 2015. Mr. Nowell
is seeking approval to operate a special occasion event venue on his
property. The staff report noted MALPF criteria, Agricultural Advisory
Board criteria, and County Zoning criteria. Caroline Orlowski made a
motion to approve Tyler Nowell’s request to allow a special occasion
event venue on his property. The motion was seconded by Brenda
Ripley. The motion was approved by a vote of 4-0-0-1.
Ag Board Members
Aye Nay Abstain Absent
Sandra Tucker
X
Matthew Toms
X
Caroline Orlowski
X
Lisa Gaver
X
Brenda Ripley
X
VIII.

Comments and Announcements
a. Program Updates
i. MALPF- Staff continues to work on the FY2025-FY2026 MALPF cycle
offers that are progressing toward settlement. Staff is accepting applications
for the FY27-FY28 MALPF cycle. Applications are due by April 1, 2026.
The Office of Agriculture has scheduled office hours to meet with landowners
interested in applying. Those hours are: February 24, 2026 from 12:00pm3:00pm, March 11, 2026 from 12:00pm to 3:00pm, and March 20, 2026 from
12:00pm-3:00pm.
ii. IPP- Two IPP settlements are scheduled for March 4th, totaling 530 acres near
Emmitsburg, MD. Staff has extended offers to applications 26-01 through 2608. The next application cycle will open in the summer and have a deadline
of September 1, 2026
iii. Rural Legacy- Interest in this program remains strong. A 224-acre property
was just approved for funding by the Board of Public Works.
iv. CREP- Surveys have been completed for several CREP projects currently in
progress. Staff continues to receive interest in the program. Staff is also
scheduled to complete a baseline on a 120-acre property located on
Angleberger Road within the next couple weeks.
v. Critical Farms- No new update. The next cycle will open sometime in 2027.
vi. Next Generation-Staff continue to receive interest in both the Next
Generation Program and the SANG program. There are seven properties
currently enrolled in the Next Generation program that are seeking to transfer
to a permanent MALPF easement before their term expires.
B. Other Comments:
Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE
Department of Agricultural Preservation

Jessica Fitzwater
County Executive
Katie Stevens, Director
Shannon O’Neil, Administrator

i. MPRP Proposed Transmission Line Route- There are no new official updates
at this time. MPRP continues to face significant community opposition, legal
challenges, and ongoing discussions regarding its approval and implementation.
Local officials are encouraging residents to remain engaged in the process.
ii. CDI-OZ- The Frederick County Council approved a Critical Digital
Infrastructure Overlay Zone (CDI-OZ) that designates approximately 2600 acres
for data center development in late December. Much of the land inside the CDI-OZ
was also rezoned for data center development. Approximately 1,100 acres of this
area were in a PPA and/or RLA.
iii. March Ag Board Meeting- Staff notified the Board that the next meeting will
be Monday, March 23rd, 2026, at 7:00pm at Winchester Hall.
IX.

Public Comment – Mr. David Crum was present and provided public comment.

X.

Adjournment – Sandy Tucker made a motion to adjourn the meeting. Caroline
Orlowski seconded the motion. The meeting adjourned at 7:39pm.

Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE

Department of Agricultural Preservation

Jessica Fitzwater
County Executive
Katie Stevens, Director
Shannon O’Neil, Program Manager

To:

Agricultural Preservation Advisory Board

From:

Beth Ahalt, Agriculture Preservation Program Specialist

Date:

April 27, 2026

Subject:

Request for retro-active approval of Agritourism on IPP Easement #10-04

ISSUE:
Should the Ag Preservation Advisory Board review a request to allow retroactive approval for the
operation of a pumpkin patch on the Samuel and Mary Jane Roop IPP easement?
BACKGROUND:
Mr. and Mrs. Merle Ramsburg entered their farm into the Installment Purchase Program (IPP) on
September 30, 2010. The Ramsburg’s daughter, Mary Jane, and her husband, Sam and their family
operated the farm as a dairy, and crop farm and in 1996, started growing pumpkins and selling
them to the public through their on farm pumpkin patch. The Roop’s owned and operated
Brookfield Pumpkins, LLC, a pick your own pumpkin patch, and corn maze that is open to the
public between the end of September through the month of October annually. The Roop’s also
offered seasonal activities like a petting zoo and sold seasonal goods like corn shocks, mums, and
straw bales for decorating. After the passing of Mrs. Ramsburg in 2020, Sam and Mary Jane took
official ownership of the farm.
Kelsey and Daniel Maslen purchased Brookfield Pumpkins, LLC from Sam and Mary Jane in
2025, and created “Three Brothers Farm, LLC” (trading as Brookfield Pumpkins). Kelsey and
Daniel took ownership and operated Brookfield Pumpkins in early 2025 and had their first season
as the new owners in the fall of 2025. After the sale of Brookfield Pumpkins, LLC, to Kelsey and
Daniel, a meeting was held with Office of Agriculture Staff to make sure that the farm was in
compliance with the terms of the Installment Purchase Program (IPP). At that time, it was
determined that the owners of the farm property, Sam and Mary Jane Roop had no ownership
interest in the pumpkin patch business (Three Brothers Farm, LLC) but still owned the farm
property that the pumpkin patch was operating on. It was also determined that a request for
agritourism was never brought to the Board on behalf of the Roop’s or Mr. and Mrs. Ramsburg.
Staff shared the ‘Guidelines for Requested Uses of Land in the Frederick County Installment
Purchase Program (IPP)’ document with Kelsey that goes over allowable uses on farms that are in
the Installment Purchase Program.

Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

Staff Memo re. IPP#10-04 Retroactive Approval-Samuel and Mary Jane Roop IPP Easement
April 27, 2026

Page 3

Does the sale of Brookfield Pumpkins, LLC meet the prerequisites listed in the Guideline
document?
All requested uses are subject to:
1. All applicable State, Federal, and County requirements associated with the requested use;
2. County planning and zoning regulations;
3. Conditions, restrictions and limitation provided in the deed of easement.
4. Conditions and restrictions listed in these guidelines;
5. The landowner must have an ownership interest in any business, operation or occupation permitted
under these guidelines;
6. Permitted uses must not interfere with other agricultural activities;
7. Permitted uses must not limit future agricultural production; and
8. Any requested uses that are permitted or approved under these guidelines shall be limited in scale to
those appropriate to the size and location of the property (with consideration given to surrounding
land uses), and shall be considered on a case-by-case basis by the County. The County shall also
determine the frequency of any requested use.

Page 2, number 5 of the pre-requisites requirements of the Guideline Document state “The
landowner must have an ownership interest in any business, operation or occupation permitted
under these guidelines”.
Staff has received the attached information submitted by Kelsey and Daniel Maslen to allow Sam
and Mary Jane Roop a 1% ownership interest in Three Brothers Farm, LLC.
Current Agricultural Activities:
In correspondence with Kelsey Maslen, she states that the pumpkin patch is between 12-15 acres
depending on the field rotation and the corn maze is 5 acres every year. The Maslen’s grow all of
their own pumpkins and have about 40 varieties of pumpkins, gourds and edible squashes. All of
the proceeds from the corn maze are donated to a variety of charities. The Roop’s allow another
farmer to use the pasture for their cattle and the remaining acres of the farm are rented to a crop
farmer.
Agri-tourism enterprise:
Page 6 of The Frederick County Guidelines for Requested Uses of Land in the Frederick County
Installment Purchase Program (IPP) defines an Agritourism enterprise as “Activities conducted on
a farm and offered to the public or invited groups for the purpose of education, recreation or active
involvement in the farm operation. These activities shall be related to agriculture and shall be
accessory to the primary agriculture operation on the site. This term shall include farm tours,
hayrides, corn mazes, seasonal petting farms, farm museums, guest farm, pumpkin patches, “pick
your own” or “cut your own” produce, classes related to agricultural products or skills, picnic and
party facilities offered in conjunction with the above. No use that is otherwise identified in § 1-195.310 as permitted with site plan approval or by special exception is permitted as an agritourism
enterprise.
The attached map shows the approximate location of the pumpkin patch as well as the parking
area.

Staff Memo re. IPP#10-04 Retroactive Approval-Samuel and Mary Jane Roop IPP Easement
April 27, 2026

Page 3

RECOMMENDATION:
Staff feel that retroactive approval for the pumpkin patch that is being operated on Sam and
Mary Jane Roop’s IPP easement property meets the criteria listed in the Guidelines for
Requested Uses of Land in The Frederick County Installment Purchase Program (IPP) document.
Staff recommends approval.

Attachments:
Attachment 1: Guidelines for Requested Uses of Land in The Frederick County Installment
Purchase Program (IPP)
Attachment 2: Aerial Map
Attachment 3: Assignment of Ownership

8545 LINKS BRIDGE RD
!

! 8537 LINKS BRIDGE RD

8549 LINKS BRIDGE RD

Legend
!

!

Addresses
Parcels
Brookfield Pumpkins

8577 LINKS
BRIDGE RD

!

11011 OLD
FREDERICK RD

Overflow parking
!

8302
RAMSBURG RD Parking for

Pumpkin field for 2025
Season

!

Barn used for ag-tourism
and equipment

Corn Maze

8100
RAMSBURG RD

!

µ

ag-tourism

8229 A
RAMSBURG RD

8509
RAMSBURG RD

RAMSBURG RD
!

8423
RAMSBURG RD

Brookfield Pumpkins
8302 Ramsburg Road Thurmont, MD
Aerial Map
While efforts have been made to ensure the accuracy of this map, Frederick County accepts no liability or
responsibility for errors, omissions, or positional inaccuracies in the content of this map. Reliance on this map
is at this risk of the user. This map is for illustration purposes only and should not be used for surveying,
engineering or site-specific analysis. Modification to this product without prior consent is strictly prohibited.
Be advised the use of this content in any form other than as presented here may constitute a misinterpretation
of the map's original intent.

2026

Coordinate System: NAD 1983 StatePlane Maryland FIPS 1900 Feet

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Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors, and the GIS User Community

Devon Farms

Brookfield Pumpkins, LLC
While efforts have been made to ensure the accuracy of this map, Frederick County accepts no liability or
responsibility for errors, omissions, or positional inaccuracies in the content of this map. Reliance on this map
is at this risk of the user. This map is for illustration purposes only and should not be used for surveying,
engineering or site-specific analysis. Modification to this product without prior consent is strictly prohibited.
Be advised the use of this content in any form other than as presented here may constitute a misinterpretation
of the map's original intent.

2026

Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere

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FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE

TO:

Frederick County Agricultural Preservation Advisory Board

FROM:

Beth Ahalt, Agricultural Preservation Program Specialist

DATE:

April 27, 2026

SUBJECT:

IPP Ranking Proposed Updates

Jessica Fitzwater
County Executive
Katie Stevens, Director

ISSUE:
Should the Frederick County Agricultural Preservation Advisory Board recommend approval of
the proposed updates to the IPP Ranking Sheet?
BACKGROUND:
The Frederick County Installment Purchase Program (IPP) was created in 2002 with the purpose
of accelerating land preservation easement purchases, providing an additional land preservation
program for the landowners and citizens of Frederick County, to preserve productive agricultural
land which provides for the continued production of food and fiber for the citizens of the county,
and to protect farmland/open space from the impacts from development. The County Code for the
IPP states the ranking system “shall at a minimum consider soil productivity, development threats
and pressures, contribution to a mass of preserved land, and good soil conservation practices and
stewardship.” The IPP has acquired easements on 172 farms totaling 24,255 acres. Total preserved
acres through all programs is 77,975 acres.
Office of Agriculture Staff has made a commitment to review the IPP ranking and the dollar-point
per acre every year. Staff has received input regarding the ranking from the Frederick County
Planning Commission and community groups such as the Frederick County Farm Bureau and
Mobilize Frederick. Staff felt that 550 points maximum was still the best value of points to use
because there are no proposed changes to the dollar per point value at this time. Staff plan to bring
a separate report and evaluate the dollar per point at a later date.
Staff are proposing the following changes:
1. Section I. Soil Criteria
a. Change soil quality from 200 points to 150 points. In discussion with farmers,
they felt that this number should remain high. Staff suggested this change to allow
other sections to have an increased points value.
2. Section II. Cropland as Self-reported and/ or FSA Reporting
a. Change from ‘Tillable Land or Cropland’ and increased points from 25 to 50
points. Staff changed to a range of points for the percentage of property that falls
in the category as self-reported crop acres in the event the applicant does not have
Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3037

www.FrederickCountyMD.gov

Staff Report Memo re IPP Ranking Proposed Updates
April 27, 2026
Page 2
_____________________________________________________________________________________________

3.

4.
5.

6.

7.

8.
9.

acres reported to FSA. Staff feel that this section deserved an increase in points
because the productive farms should receive more points in the ranking. Staff also
changed this section to percentage of the property so small and large farms with a
high percentage of their land in agricultural use will benefit.
Section IV. Development Rights and Original Tract Bonus Points
a. Changed Development Rights from 50 points to 40 points.
b. Changed Original Tract points from 50 points to 10 points.
Staff feel that both of these changes allowed for development rights to still be a
section that is heavily weighted but allowed the 50 point difference in this
category to be added to other sections of the ranking.
Section V. Size of Parcel
a. Staff kept this section at 50 points, however did breakdown the size of the parcel
by points based on the acreage of the applicant’s property.
Section VI. Concentration of Preserved Farmland
a. Changed Concentration of Preserved Farmland from 30 points to 40 points.
Staff feel that an increase in points in this section was necessary because it is
important for the program to preserve contiguous large blocks of preserved
farmland.
Section VII. Owner Operated
a. Changed this section from 20 points to 50 points. Staff feel that an increase in
points in this section is warranted to give primary operators of the farm more
points in this section.
Section VIII. Soil Conservation Plan
a. Staff changed this section slightly by deleting the words “and is fully
implemented” because Soil Conservation plans are never fully implemented and it
is the goal of the Soil Conservation District’s plans to be living documents.
However we will note that these plans are required to be in place to go under
easement.
Section IX. Wellhead Protection
a. …. Staff changed this points section from 25 points to 10 points to allow for other
sections to receive an increase in points.
Section X. Priority Preservation Area
a. Points given for the applicant property for being in a priority preservation area are
increased from 50 points to 100 points. Staff felt that this change was necessary
so that properties that are in a priority preservation area are prioritized.

RECOMMENDATION:
Staff recommend the following changes to the Installment Purchase Program Ranking System.

THE INSTALLMENT PURCHASE PROGRAM
PRIORITY RANKING SYSTEM
550 PT MAXIMUM
Name of Property Owner
Location of Property

Revised 6/11/01
Revised 5/19/04
Revised 7/2005
Revised 5/2006
Revised 9/2006
Revised 08/2010
Revised 03/2012
Revised 11/2015
Revised 09/2018
Revised 07/2024

Acres
Tax Map

Parcel

I.

SOIL POTENTIAL RATING

200 PTS MAXIMUM

II

TILLABLE LAND OR CROPLAND
Acres of tillable cropland x .20 to maximum of 25 pts

25 PTS MAXIMUM
PTS

III.

PROXIMITY TO COUNTY COMP PLAN GROWTH AREA
Within 1000 feet
--25 pts
1001-2000 feet
--10 pts
Beyond 2000 feet
-- 0 pts

25 PTS MAXIMUM

DEVELOPMENT RIGHTS
5 pts per dev. rights to a maximum of 50 pts

50 PTS MAXIMUM
PTS

IV.

50 pt Bonus for Original Tracts

PTS

50 PTS MAXIMUM
PTS

V.

SIZE OF PARCEL
Size of parcel in acres x .15 to maximum of 50 pts.

50 PTS MAXIMUM
PTS

VI.

CONCENTRATION OF PRESERVED LAND
Within 500 feet of a minimum of 50 acres permanently
protected land with acres x .06 to maximum of 30 pts.

30 PTS MAXIMUM

OWNER/OPERATED
Applicant and/or applicant's family is/are the
primary operator/s of the farm

20 PTS MAXIMUM
20 pts

Applicant leases a majority of the farm

10 pts

All others

0 pts

VII.

PTS

PTS

VIII. SOIL CONSERVATION PLAN
Soil Conservation Plan in owners name
addressing all aspects of soil and water
conservation including best management practice
has been approved and is fully implemented.

25 PTS MAXIMUM

25 pts

Soil Conservation Plan in owners name
addressing all aspects of soil and water
conservation including best management practice
has been approved and is being implemented
according to the 10 year implementation schedule

20 pts

Soil Conservation Plan in owners name
addressing all aspects of soil and water
conservation including best management practice
has been approved.

10 pts

Soil Conservation Plan on which the schedule
has not been fully followed. Plan for property
out of date or not in owners name.

5 pts

No plan at time of application

0 pts

PTS

IX.

WELLHEAD PROTECTION
Points given for percentage of property located
on or within wellhead protection area at a
maximum of 25 points. Example: 50 % of
property on or within area = 12.5 points

25 PTS MAXIMUM

X.

PRIORITY PRESERVATION AREA
Points given for being located within a Priority
Preservation Area

50 PTS MAXIMUM
___ PTS

Total Points: _______
PTS x $11.20
+ $1,000 base
Price Per Acre $___________

Jessica Fitzwater
County Executive

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE
Department of Agricultural Preservation

Katie Stevens, Director
Shannon O’Neil, Program Manager

To:

Agricultural Preservation Advisory Board

From:

Shannon O’Neil

Date:

April 27, 2026

Subject:

Bauer/Fleming MALPF Easement (#10-22-02) Solar Panels Request

Issue: Should the Agricultural Preservation Advisory Board approve free-standing solar panels on
the Bauer/Fleming MALPF Easement?
Background: James (Jim) Bauer and Ashlee Fleming placed a MALPF easement on their
181.806-acre property in 2022. They purchased the property in 2020 with the assistance of the
MARBIDCO Next Generation program. The property is located on Keymar and Lookingbill roads
in Keymar. A pre-existing dwelling relocation was approved on this property in 2023. No other
requests have been reviewed on this farm. Their farm operation is currently 55-acres of rotational
grazing pastures for beef cattle, sheep, rabbits, and horses. They are working on growing their
cattle herd with a goal of getting to 20 cow/calf pairs. The remainder of the farm is in tillable crops
that include alfalfa, corn, and soybeans.
Mr. Bauer and Ms. Fleming are requesting permission to install a free-standing solar array to power
the residences (2) on the property and the farm. The array would take up approximately 2,000
square feet and is estimated to produce 102% of their needed electricity. The preferred location is
in a grassy, yard area (not currently farmed) directly behind the dwelling. The backup location is
in the lower horse paddock, near the dwelling. Both locations are in an area of Class III soils.
The MALPF Board approved policy guidelines for reviewing requests for alternative energy
sources in 2021. The policy states that “the State of Maryland has set a requirement that 50% of
all energy will come from renewable sources by 2030. MALPF farms are able to help the State of
Maryland meet this benchmark by establishing alternative energy systems on their properties for
their agricultural and residential energy needs.”
The MALPF Guidelines state that the Application Requirements for a Tier 1 (the area of impact
is less than 1 acre) Freestanding Alternative Energy System are:
1. Request letter from landowner which confirms that all energy generated is used for
permitted on-site uses and/or the landowner’s additional properties.
The landowner has provided the letter (email). Please see attached.
2. Explanation of the proposed use.
The solar array will provide the electricity needed for the residences and farm operation.
Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

Staff Report Memo re. Bauer/Fleming MALPF Easement (#10-22-02) Solar Request
April 27, 2026

2

3. Maps showing size and location.
See attached.
4. Letter from the County Administrator documenting:
a. Ag Board approval
b. Description of land that is coming out of ag use
c. Description of access
d. Statement that the alternative energy system is permitted under county’s regs
The County will provide such a letter to the MALPF Board if the Ag Board approves the
proposal.
Recommendation: Staff believes that the proposed freestanding solar array meets all of the
MALPF policy requirements and recommends approval of the freestanding solar array in the
preferred location on the Bauer/Fleming MALPF easement property in. In the event that the
preferred location is not feasible, staff also recommend approval of the backup location for the
freestanding solar array on the Bauer/Fleming MALPF easement.

[EXTERNAL EMAIL]

Hello Shannon,
Thanks for the quick response. Please see attached drawing of proposed locations for
solar array. The red circle is the preferred location as that is just a grassy area that we mow
and has no farm use. The yellow circle is in the lower horse paddock but we do not wish to put
it there. This array will cover approx 20ft x 40ft and be 96 total panels. This area is to the
south of the main barn. We will request that First Energy aggregate our 2 meters and accounts
on the farm into 1 acct. so the solar production offsets both. Please also see an electric bill
from both accounts.Please present this to the Ag board meeting in April as suggested. Do you
need a formal letter or will this email suffice?
Sincerely,
Jim Bauer
301-305-9482 (direct)
[email protected]

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First Choice
Solar Panel Location
R
KEYMA

Second Choice
Solar Panel Location

RD

BUFFINGTON RD

Bauer/Fleming MALPF Easement (#10-22-02)
Solar Panel Request
0

Frederick County, Maryland
Office of Agriculture
April, 2026

337.5

675

1,350 Feet

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While efforts have been made to ensure the accuracy of this map, Frederick County accepts no liability or responsibility
for errors, omissions, or positional inaccuracies in the content of this map. Reliance on this map is at the risk of the user.
This map is for illustration purposes only and should not be used for surveying, engineering, or site-specific analysis.
Printed
Projection: NAD 1983 State Plane Maryland FIPS 1900 Feet

First Choice
Solar Panel Location

Second Choice
Solar Panel Location

Bauer/Fleming MALPF Easement (#10-22-02)
Solar Panel Request
0

Frederick County, Maryland
Office of Agriculture
April, 2026

25

50

100 Feet

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While efforts have been made to ensure the accuracy of this map, Frederick County accepts no liability or responsibility
for errors, omissions, or positional inaccuracies in the content of this map. Reliance on this map is at the risk of the user.
This map is for illustration purposes only and should not be used for surveying, engineering, or site-specific analysis.
Printed
Projection: NAD 1983 State Plane Maryland FIPS 1900 Feet

FREDERICK COUNTY GOVERNMENT
OFFICE OF AGRICULTURE

Department of Agricultural Preservation

TO:

Frederick County Agricultural Advisory Board

FROM:

Beth Ahalt, Agriculture Preservation Program Specialist

DATE:

April 27, 2025

SUBJECT:

IPP #26-12, Naomi Walcott and Audu Besmer

Jessica Fitzwater
County Executive
Katie Stevens, Director
Shannon O’Neil, Program Manager

ISSUE:
Should the Frederick County Agricultural Advisory Board approve to have a forest (FRO)
easement on qualifying acres on the Besmer Walcott IPP #26-12 easement?
BACKGROUND:
In 2022, the Ag Preservation Advisory Board approved a pilot program with IPP and FRO as a
way to stretch county funding for both the IPP and the FRO programs by offering landowners
that applied to the IPP an option of a Forest (FRO) easement on their property to those that
accept an offer in the IPP program.
The forest easement is voluntary. If an applicant to the IPP program were to accept the County’s
IPP and FRO offer, the forest easement area would be surveyed and separate from the IPP
easement area. Funding for the FRO portion of the easement would come from the FRO fee-inlieu funds. All areas that qualify for the forest easement, as determined by development review
staff, must be placed into the FRO area if the landowner wishes to participate in the voluntary
FRO/IPP collaboration. Areas that qualify for FRO are areas with steep slopes, forested areas, and
areas that are considered hydrologically sensitive. The County IPP easement would not pay for
those acres going into FRO, and the acres would need to be delineated on a boundary survey. The
survey would provide a separate description for the FRO areas and the IPP areas. A combined IPP
and FRO easement document will be recorded if the landowner chooses to participate in this
partnership program. This document will be a simple combination of the existing IPP easement
language and the existing FRO easement language. The FRO program pays landowners in a lump
sum as opposed to yearly installment payments like the IPP program. If the landowner were to
participate in the FRO program, they would receive a check at the IPP settlement for the acreage
entered into the FRO easement.
The Frederick County Council approved applications 26-01 through application 26-21 in the FY
26 Installment Purchase Program on February 17, 2026. To date, Ag Preservation Staff have
made applications 26-01 through 26-14 offers in the Installment Purchase Program. Staff made
an offer to Naomi Walcott/ Audu Besmer, application 26-12, and the Walcott/Besmer’s accepted
the County’s IPP offer and accepted FRO on 3.7 acres of the property.

Frederick County: Rich History, Bright Future
118 North Market Street, Frederick, MD 21701 ● 301-600-3039

www.FrederickCountyMD.gov

Staff Memo re. IPP#26-12 Besmer/Walcott IPP/FRO Easement Request
April 27, 2026

Page 2

The Agricultural Preservation Advisory Board reviewed and approved the request to establish an
IPP/FRO partnership pilot collaboration at their public meeting on June 27, 2022. Part of the
approval included that staff bring back to the Board any applications that choose to participate so
that they may review the IPP/FRO areas.
The Walcott/ Besmer property qualified for 3.9 acres of FRO as determined by Development
Review Staff. If approved by the Agriculture Preservation Advisory Board, this area will be
planted in native trees by a 3rd party company hired by Frederick County Government. The trees
that will be planted will come from the State nursery and be native to Maryland. Settlement for
this property has not been scheduled as Staff is still awaiting a title report from our settlement
attorney’s office. The tree planting will occur after settlement and the planting will most likely be
batched with other plantings on other properties. The 3.9 acres that qualified for FRO is in an area
that would not affect the farming operation of the property and is a good fit for the FRO program
because the area is hydrologically sensitive.

Recommendation: Staff recommends approval of the 3.9 acre FRO easement on the
Walcott/Besmer IPP easement.

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Besmer & Walcott

Site

Frederick County, Maryland

Parcels

Frederick County GIS
Project 00563

50' Buffer
Stream

Buffer Area: 3.7 Acres
While efforts have been made to ensure the accuracy of this map, Frederick County
accepts no liability or responsibility for errors, omissions, or positional inaccuracies in
the content of this map. Reliance on this map is at the risk of the user. This map is for
illustration purposes only and should not be used for surveying, engineering, or sitespecific analysis. Printed 02/20/2025

0

0.12
Miles

Projection: NAD 1983 State Plane Maryland FIPS 1900 Feet