§ 34-2-103. CONVEYANCE OF UNIMPROVED LOTS.

(a)

Yield requirements. Except as otherwise provided in this section, there may not be a conveyance of an unimproved lot that is not served by a public or community water supply system unless the seller or sellers provide a well with an adequate supply of water meeting the requirements of § 34-2-102(a) of this title.

(b)

Waiver authorized.

(1)

Except for an unimproved lot or lots located within any county critical water area delineated in subsection (f) of this section, the prospective buyer or buyers of an unimproved lot not served by a public or community water supply system may waive the drilling of a well as provided in subsection (a) of this section, but only after:

(i)

Written notice to the buyer or buyers of the provisions of subsection (a) of this section in the form set forth in subsection (c) of this section; and

(ii)

A written waiver in the form prescribed in subsection (d) of this section filed by the buyer or buyers with the Department of Environmental Protection and Sustainability at least 6 days before settlement or the date of conveyance to buyer or buyers, whichever occurs first.

(2)

(i)

The written waiver is not effective until the sixth day after filing.

(ii)

During the 5 days immediately preceding the effective date, the buyer or buyers may revoke the waiver on written notice of revocation delivered or mailed by certified mail, postage prepaid, return receipt requested, to seller or sellers or their agent or agents at seller's home or business address or the business address of seller's agent.

(iii)

Date of delivery includes the date of mailing.

(c)

Waiver - Form of the Notice. The form of written notice to buyer or buyers shall be as follows:

Notice of well water law

Since the property to be purchased by buyer(s) will be served by a private water supply system as the source of domestic water, the law of Baltimore County requires that, prior to conveyance of such property to any buyer(s), seller(s) must provide a well with a supply of water meeting the minimum water yield requirements of § 34-2-102(a) of the Baltimore County Code. Buyer is further advised that the quantity of water is important and that, unless buyer(s) specifically executes a "waiver of provision of minimum well yield prior to conveyance," a well meeting the Baltimore County Code standards is required. Any waiver of this requirement must be filed by buyer(s) on a form prescribed by the Baltimore County Code and filed with the Department of Environmental Protection and Sustainability at least six (6) days prior to settlement and/or the date of conveyance to buyer(s), whichever shall first occur. Any such waiver may be revoked by buyer(s) upon written notice of such revocation delivered or mailed by certified mail, postage prepaid, return receipt requested, to seller(s) or seller's(s') agent at seller's(s') home or business address or the business address of seller's(s') agent within five (5) days of the date of the aforesaid filing with the Department of Environmental Protection and Sustainability. Date of delivery includes the date of mailing as aforesaid.

(d)

Same - Form of the Waiver. The written waiver shall be a document separate from any other document and shall contain only the following:

Waiver of provision of minimum well yield prior to conveyance

Buyer(s) hereby acknowledges that buyer(s) is aware that the property buyer(s) intends to purchase will be served by a private water supply system as a source of domestic water, that water quantity is most important for residential use of property, that § 34-2-102(a) of the Baltimore County Code requires seller(s) to provide a well with a supply of water meeting certain minimum water yield requirements, and that a building permit will not be issued for construction of a residence on any lot not served by a public or community water supply system unless it has a well which meets the required minimum water yield. Nevertheless, buyer(s) specifically elects to waive the requirement that a well must be provided which satisfies the yield requirements of the Baltimore County Code prior to settlement and/or the date of conveyance to buyer(s), whichever shall first occur; and buyer(s) elects to accept conveyance of the property located at ________ consisting of ________ acres without a well as provided by law, and knowingly and voluntarily executes this waiver on this ________ day of ________, 2________.

Witness:

_______	_______(Buyer)
_______	_______(Buyer)
	_______(Address)
	_______(Address)
	_______(Telephone No.)
	_______(Telephone No.)

 

(e)

Limitations on waiver authority. The prospective buyer or buyers of any unimproved lot or lots not served by a public or community water supply system located within any of the boundaries of the county critical water areas delineated in subsection (f) of this section may not waive the drilling of a well as provided in subsection (a) of this section, except for conveyances as follows:

(1)

An unimproved lot conveyed to the owner of a contiguous lot for use in connection with that contiguous lot, provided that the lot may not be separately reconveyed in the absence of a well that meets the requirements of § 34-2-102(a) of this title unless otherwise exempted under the provisions of this subsection;

(2)

A subdivision or portion of a subdivision conveyed for the purpose of resale, provided that none of the lots may be reconveyed other than for purposes of resale in the absence of a well that meets the requirements of § 34-2-102(a) of this title unless otherwise exempted under the provisions of this subsection; or

(3)

An unimproved lot that is not to be used for residential purposes within 5 years after the date of conveyance, provided that there is compliance with the notice and waiver provisions of subsections (b), (c), and (d) of this section.

(f)

Critical water area. The county critical water areas include all property underlain by the Loch Raven Schist, the Jones Falls Schist, or both as delineated on the 1976 geologic map of Baltimore County and city prepared for the state by Crowley, Reinhardt and Cleaves.

(g)

Building permits. Notwithstanding any provisions of this title, a building permit may not be issued for the construction of a residence on any lot not served by a public or community water supply system unless the lot has a well that meets the requirements of § 34-2-102(a) of this title.

(1988 Code, § 35-38) (Bill No. 173, 1989, § 31-26-1990; Bill No. 26-01, § 2, 7-1-2004; Bill No. 122-10, § 14, 1-16-2011)