The Family Farm Impact Fee Waiver/Exemption is the application the Frederick County Division of Planning and Permitting uses to waive development impact fees on a farm lot that passes from a full-time farmer to a parent, sibling, child or grandchild. It concerns impact fees tied to a building permit, not Frederick County property tax: the form asks for the building permit number and ends with a notarized affidavit. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the county publishes the original at the link shown here.
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What is Family Farm Impact Fee Waiver/Exemption – Frederick County, MD?
The Family Farm Impact Fee Waiver/Exemption is the Frederick County, Maryland, application for waiving the development impact fee on a farm lot. It is issued by the Division of Planning and Permitting, 30 North Market Street, Frederick, Maryland 21701, and applies Ordinance section 1-22-7 (G) on impact fee waivers for farm lots.
The county's Development Impact Fee Ordinance requires each person who applies for a residential zoning certificate or building permit to pay a development impact fee, which must be paid before the permit or certificate is issued. This form is the route for waiving that fee for a qualifying farm lot.
The form asks for the applicant, the building permit number, the farmer and the farmer's child or grandchild, then lists attachments: proof of the family relationship and of full-time farmer status, a description of how the applicant supports the farm, a description of the farm operation, evidence that the parcel is at least 25 acres, and a notarized affidavit. A second page carries the affidavit, which refers to Frederick County Ordinance 14-19-674, and an "For Office Use Only" block where the county certifies eligibility. The revision printed on the form is 06/2022.
A waiver is not permanent in every case: if the farm lot is sold or transferred within 5 years after the building permit is issued, the waived fees must be repaid to the county.
Who needs to file Family Farm Impact Fee Waiver/Exemption – Frederick County, MD?
The main group is the family member who receives a farm lot from a full-time farmer and wants the impact fee waived on the building permit for that lot. The ordinance printed on the form says the lot must have been transferred directly from the full-time farmer, or from a trust or similar entity the farmer controls (more than 50%), to the farmer's parent, sibling, child or grandchild, or to a trust or similar entity that person controls (more than 50%).
Conditions the form attaches:
- The farm must be a parcel of at least 25 acres on which agricultural activity is actively conducted when you apply.
- The farmer must be a full-time farmer: a person who owns and operates the farm and earned the majority of gross income from agricultural activity in each of the 3 years before the application.
- The farm lot may be at most 2 acres, legally subdivided from the farm by the full-time farmer; the county may approve lot size modifications.
- The applicant must currently provide substantial support to the farm, by physical or administrative work or by significant financial support.
- The farm activity must be conducted by the owner, not by a lessee.
Line 5 of the form names a child or grandchild of the farmer, while the ordinance text also lists parents and siblings. Ask the Division at (301) 600-1138 how it applies the form to those relatives.
When to file Family Farm Impact Fee Waiver/Exemption – Frederick County, MD
The conditions for the waiver must be met at the time the waiver is applied for. The form asks for a building permit number, so it goes with the building permit to which the fee waiver applies. The county's page on impact fees states that impact fees must be paid before a building permit or zoning certificate is issued, so raise the waiver with the Division of Planning and Permitting before that point; the form itself prints no separate due date.
Timing also matters after approval. If the farm lot is sold or otherwise transferred (other than by reason of the owner's death) within 5 years after the building permit is issued, the waived impact fees must be repaid to the county. After more than 5 years, that obligation does not apply. The repayment obligation is recorded as a lien on the farm lot that expires 5 years after the building permit is issued.
Documents you need
- Evidence that the applicant is the child or grandchild of the full-time farmer (the person who owns and operates the farm), attached under line 6.
- Evidence supporting full-time farmer status: majority of gross income from agricultural activity in each of the 3 years before the application, as defined on the form.
- A description of how the applicant supports the farm operation (line 7), showing substantial support by physical or administrative work or significant financial support.
- A description of the agricultural activity on the farm, with evidence that the owner conducts it and not a lessee (line 8).
- Evidence that the farm parcel is at least 25 acres in size (line 9).
- The notarized affidavit (line 10), signed by the applicant, dated and completed by a notary public.
How to fill out Family Farm Impact Fee Waiver/Exemption – Frederick County, MD
Enter the applicant name
On line 1, enter the name of the applicant requesting the impact fee waiver.
Add contact details
On line 2, enter the applicant's phone, fax and email so the Division of Planning and Permitting can reach you.
Enter the building permit number
On line 3, write the number of the building permit to which the waiver will apply.
Identify the farmer
On line 4, enter the name and address of the farmer, the person who owns and operates the farm.
Identify the child or grandchild
On line 5, enter the name and address of the farmer's child or grandchild who receives the farm lot.
Attach ownership and farmer evidence
For line 6, attach evidence that the applicant is the child or grandchild of the full-time farmer, and that the farmer qualifies as defined on the form.
Describe support for the farm
For line 7, provide a description of how the applicant supports the farm operation, by physical or administrative work (average of at least 20 hours per week) or significant financial support.
Describe the farm operation
For line 8, describe the agricultural activity on the farm and attach evidence that the owner conducts it, not a lessee.
Document the parcel size
For line 9, attach evidence that the farm parcel is at least 25 acres.
Complete and notarize the affidavit
On the affidavit page, enter your name in the certification, sign and date it, and have a notary public complete the sworn statement and seal. Leave For Office Use Only blank.
Review and download the completed PDF
Check lines 1 to 5 and the list of attachments, then download or print the completed PDF from FillingPDF and gather the notarized affidavit and evidence for submission.
How to submit Family Farm Impact Fee Waiver/Exemption – Frederick County, MD
The form prints no submission channel of its own. Its header gives the Division's contact details, and the county's page on zoning applications gives a portal rule.
- Division of Planning and Permitting: 30 North Market Street, Frederick, Maryland 21701; phone (301) 600-1138; fax (301) 600-2309, as printed on the form.
- Application Portal: the county's Zoning Applications and Fees page, which also covers impact fees and waivers, states that applications must be submitted through the Application Portal. That page does not name this form, so confirm with the Division by phone whether the waiver goes through the portal or with the building permit.
Submit the completed form with the supporting attachments listed on it and the notarized affidavit. Impact fees must be paid before the building permit or zoning certificate is issued; ask the Division for fee amounts and payment methods.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving off the building permit number on line 3; the waiver applies to a specific building permit.
- Submitting the affidavit without the notary section completed; line 10 requires a notarized affidavit.
- Describing support for the farm without showing it averages at least 20 hours per week for all weeks in the calendar year, when claiming physical or administrative support.
- Providing no evidence that the farm is operated by its owner and not by a lessee (line 8).
- Omitting proof that the parcel is at least 25 acres (line 9).
- Assuming the farmer qualifies without showing the majority of gross income came from agricultural activity in each of the 3 years before the application.
- Selling or transferring the farm lot within 5 years after the building permit is issued without planning for repayment of the waived fees.
- Writing in the For Office Use Only block, which is reserved for the county's certification.
Frequently asked questions
What is the Family Farm Impact Fee Waiver/Exemption?
It is the Frederick County, Maryland, application to waive development impact fees on a farm lot transferred from a full-time farmer to a parent, sibling, child or grandchild. It is processed by the Division of Planning and Permitting and applies to the building permit named on line 3.
Is this form about Frederick County property tax?
No. It concerns development impact fees, which the county's ordinance requires with a residential zoning certificate or building permit. It does not reduce or exempt Frederick County property tax; ask the county's tax offices about that.
Who qualifies for the farm lot impact fee waiver?
A parent, sibling, child or grandchild of a full-time farmer who received the farm lot directly from the farmer (or a trust the farmer controls by more than 50%) and who currently provides substantial support to the farm. The farm must be at least 25 acres.
Does the affidavit have to be notarized?
Yes. Line 10 calls for a notarized affidavit, and the affidavit page includes the applicant's signature and date plus a notary block with seal and commission expiration. Complete it with a notary public before submitting.
What do I have to repay if I sell the farm lot?
If the lot is sold or transferred (other than by death) within 5 years after the building permit is issued, the total waived impact fees must be repaid to the county. After more than 5 years, there is no repayment, and the recorded lien expires 5 years after issuance.
How many hours of support count as substantial support?
For physical or administrative support, substantial support means an average of at least 20 hours per week for all weeks in the calendar year. Significant financial support is also accepted, and you must provide proof of current support.
Where do I submit the Family Farm Impact Fee Waiver/Exemption?
The form lists the Division of Planning and Permitting at 30 North Market Street, Frederick, Maryland 21701, phone (301) 600-1138. The county's zoning applications page says applications go through its Application Portal, so confirm with the Division which route applies.
Can I fill out the Family Farm Impact Fee Waiver/Exemption online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, is not connected to Frederick County and does not submit the form; you submit it through the county's channels.
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