The purchaser of a separate five (5) acre tract of woodland or woodland associated with a farm may sign a Declaration of Intent to remain in agricultural use. In the Declaration of Intent form the property owner is cautioned regarding the violation penalties for agricultural valued properties.

From Tax-Property Article §8-209(h) and §8-211, woodland may receive the agricultural use assessment if the five (5) acres parcel is subject to a Department of Natural Resources Forest Conservation Management Agreement (FCMA), Forest Stewardship Plan, or any Forest Management Plan prepared by a registered professional forester. When the purchaser of a parcel of land subject to one of these agreements wishes to continue the land in the agricultural use assessment, he or she must agree to assume the current plan or to acquire a new plan from the available options. A Declaration of Intent must also be signed.

In the instance where woodland associated with a farm that is sold separately, or where woodland erroneously received a woodland assessment without an above referenced plan, the purchaser shall be allowed to avoid the Agricultural Transfer Tax by signing a Declaration of Intent. However, upon the next July 1, the parcel should be taken out of agricultural use assessment unless the owner has entered an appropriate management plan.

Woodland receiving agricultural use values may be subject to various penalties, fees, and tax surcharges for a violation of a Declaration of Intent. An Agricultural Transfer Tax, or an FCMA rollback tax and penalty may be imposed in certain circumstances where the property is transferred or developed, or when the woodland plan is violated or discontinued. The Agricultural Transfer Tax and FCMA rollback tax are never imposed together.