PRINTER'S NO. 692
No. 619 Session of 2005
INTRODUCED BY HERSHEY, ROSS, DALEY, GODSHALL, RUBLEY, BALDWIN,
CAPPELLI, CAUSER, CLYMER, CORNELL, CRAHALLA, CREIGHTON,
DENLINGER, DeWEESE, FLICK, GEIST, GILLESPIE, GINGRICH,
GOODMAN, GRUCELA, HARPER, HARRIS, HENNESSEY, HESS, JAMES,
JOSEPHS, KAUFFMAN, M. KELLER, W. KELLER, KILLION, LEDERER,
LEH, MACKERETH, MAJOR, MANN, McILHATTAN, MELIO, R. MILLER,
S. MILLER, O'NEILL, PHILLIPS, PICKETT, SANTONI, SAYLOR,
SCHRODER, SEMMEL, SOLOBAY, STEIL, STERN, TANGRETTI AND
E. Z. TAYLOR, FEBRUARY 16, 2005
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 16, 2005
AN ACT
1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
2 act authorizing the creation of agricultural areas," further
3 providing for definitions, for agricultural security areas,
4 for evaluation criteria and for purchase of agricultural
5 conservation easements.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of June 30, 1981 (P.L.128,
9 No.43), known as the Agricultural Area Security Law, is amended
10 by adding a definition to read:
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
1 "Commercial equine activity." The term includes the
2 following activities where a fee is collected:
3 (1) The boarding of equines.
4 (2) The training of equines.
5 (3) The instruction of people in handling or riding
6 equines.
7 (4) The use of equines for riding purposes.
8 * * *
9 Section 2. Section 5(a) of the act, amended October 16, 1996
10 (P.L.703, No.121), is amended to read:
11 Section 5. Agricultural security areas.
12 (a) Proposals for creation.--Any owner or owners of land
13 used for agricultural production may submit a proposal to the
14 governing body for the creation of an agricultural security area
15 within such local government unit, provided that such owner or
16 owners own at least 250 acres of viable agricultural land
17 proposed to be included in the area. This land shall include
18 viable agricultural land used for commercial equine activity.
19 The proposed area may also consist of any number of
20 noncontiguous tax parcels or accounts: Provided, That each tax
21 parcel or account is at least ten acres or has an anticipated
22 yearly gross income of at least $2,000 from the agricultural
23 production of crops, livestock and livestock products on such
24 parcel or account.
25 * * *
26 Section 3. Section 7(a) of the act, amended November 23,
27 1994 (P.L.648, No.100), is amended to read:
28 Section 7. Evaluation criteria.
29 (a) Factors to be considered.--The following factors shall
30 be considered by the planning commission, advisory committee,
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1 and at any public hearing:
2 (1) Land proposed for inclusion in an agricultural
3 security area shall have soils which are conducive to
4 agriculture. This factor will have been satisfied without
5 further consideration if at least 50% in the aggregate of the
6 land to be included in an agricultural security area falls
7 into one of the following categories: land whose soils are
8 classified in Soil Conservation Service Capability Classes I
9 through IV, excepting IV(e); land which falls within the Soil
10 Conservation Service classification of "unique farm land"; or
11 land whose soils do not meet Capability Classes I through IV
12 but which is currently in active farm use and is being
13 maintained in accordance with the soil erosion and
14 sedimentation plan applicable to such land.
15 (2) Use of land proposed for inclusion in an
16 agricultural security area shall be compatible with local
17 government unit comprehensive plans. Any zoning shall permit
18 agricultural use but need not exclude other uses.
19 (3) The landowner may propose to include all of his
20 land, regardless of zoning, in an agricultural security area.
21 (4) The land proposed for inclusion in the agricultural
22 security area, and any additions which are proposed
23 subsequently, shall be viable agricultural land, including
24 viable agricultural land used for commercial equine activity.
25 (5) Additional factors to be considered are the extent
26 and nature of farm improvements, anticipated trends in
27 agricultural economic and technological conditions and any
28 other matter which may be relevant.
29 * * *
30 Section 4. Section 14.1(c)(6) of the act, amended November
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1 23, 1994 (P.L.621, No.96), is amended to read:
2 Section 14.1. Purchase of agricultural conservation easements.
3 * * *
4 (c) Restrictions and limitations.--An agricultural
5 conservation easement shall be subject to the following terms,
6 conditions, restrictions and limitations:
7 * * *
8 (6) An agricultural conservation easement shall not
9 prevent:
10 (i) The granting of leases, assignments or other
11 conveyances or the issuing of permits, licenses or other
12 authorization for the exploration, development, storage
13 or removal of coal by underground mining methods, oil and
14 gas by the owner of the subject land or the owner of the
15 underlying coal by underground mining methods, oil and
16 gas or the owner of the rights to develop the underlying
17 coal by underground mining methods, oil and gas, or the
18 development of appurtenant facilities related to the
19 removal of coal by underground mining methods, oil or gas
20 development or activities incident to the removal or
21 development of such minerals.
22 (ii) The granting of rights-of-way by the owner of
23 the subject land in and through the land for the
24 installation of, transportation of, or use of water,
25 sewage, electric, telephone, coal by underground mining
26 methods, gas, oil or oil products lines.
27 (iii) Construction and use of structures on the
28 subject land necessary for agricultural production or a
29 commercial equine activity.
30 (iv) Construction and use of structures on the
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1 subject land for the landowner's principal residence or
2 for the purpose of providing necessary housing for
3 seasonal or full-time employees: Provided, That only one
4 such structure may be constructed on no more than two
5 acres of the subject land during the term of the
6 agricultural conservation easement.
7 (v) Customary part-time or off-season minor or rural
8 enterprises and activities which are provided for in the
9 county Agricultural Conservation Easement Purchase
10 Program approved by the State board under subsection (d).
11 (vi) Commercial equine activity on the subject land.
12 * * *
13 Section 5. This act shall be retroactive to June 30, 1981.
14 Section 6. This act shall take effect in 60 days.
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