PRINTER'S NO. 4295
No. 2801 Session of 2004
INTRODUCED BY HERSHEY, ROSS, DALEY, BUNT, NICKOL, GODSHALL,
BAKER, BALDWIN, BARD, BARRAR, BASTIAN, CALTAGIRONE, CIVERA,
CLYMER, S. E. CORNELL, COY, CRAHALLA, DAILEY, DiGIROLAMO,
FICHTER, FLEAGLE, FLICK, GABIG, GILLESPIE, HARHART, HARPER,
HENNESSEY, KILLION, LEH, MACKERETH, MAITLAND, MAJOR,
McILHINNEY, MELIO, MICOZZIE, R. MILLER, NAILOR, O'NEILL,
PICKETT, REICHLEY, SANTONI, SAYLOR, SCHRODER, SEMMEL, STAIRS,
STEIL, TANGRETTI, E. Z. TAYLOR, VITALI AND WATSON,
JULY 3, 2004
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JULY 3, 2004
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 limitation on local
4 regulations and for the purchase of agricultural conservation
5 easements.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definitions of "agricultural conservation
9 easement," "agricultural security area," "farmland value" and
10 "viable agricultural land" in section 3 of the act of June 30,
11 1981 (P.L.128, No.43), known as the Agricultural Area Security
12 Law, amended December 14, 1988 (P.L.1202, No.149), November 23,
13 1994 (P.L.648, No.100) and May 30, 2001 (P.L.103, No.14), are
14 amended and the section is amended by adding a definition to
15 read:
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 * * *
6 "Agricultural conservation easement." An interest in land,
7 less than fee simple, which interest represents the right to
8 prevent the development or improvement of a parcel for any
9 purpose other than agricultural production or a commercial
10 equine activity. The easement may be granted by the owner of the
11 fee simple to any third party or to the Commonwealth, to a
12 county governing body or to a unit of local government. It shall
13 be granted in perpetuity as the equivalent of covenants running
14 with the land. The exercise or failure to exercise any right
15 granted by the easement shall not be deemed to be management or
16 control of activities at the site for purposes of enforcement of
17 the act of October 18, 1988 (P.L.756, No.108), known as the
18 "Hazardous Sites Cleanup Act."
19 * * *
20 "Agricultural security area." A unit of 250 or more acres of
21 land used for the agricultural production of crops, livestock
22 and livestock products or a commercial equine activity under the
23 ownership of one or more persons and designated as such by the
24 procedures set forth in this act or designated as such pursuant
25 to the act of January 19, 1968 (1967 P.L.992, No.442), entitled
26 "An act authorizing the Commonwealth of Pennsylvania and the
27 counties thereof to preserve, acquire or hold land for open
28 space uses," prior to the effective date of this amendatory act,
29 by the governing body of the county or governing body of the
30 municipality in which such agricultural land is located on the
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1 basis of criteria and procedures which predate the effective
2 date of this amendatory act: Provided, That an owner of land
3 designated as such under the authority of the act of January 19,
4 1968 (1967 P.L.992, No.442) may withdraw such land from an
5 agricultural security area by providing written notice of
6 withdrawal to the county governing body or governing body of the
7 municipality in which such land is located within 180 days of
8 the effective date of this amendatory act.
9 "Commercial equine activity." The term includes the
10 following activities where a fee is collected:
11 (1) The boarding of equines.
12 (2) The training of equines.
13 (3) The instruction of people in handling or riding
14 equines.
15 (4) The use of equines for recreational riding purposes.
16 * * *
17 "Farmland value." The price as of the valuation date for
18 property used for normal farming operations or a commercial
19 equine activity which a willing and informed seller who is not
20 obligated to sell would accept for the property, and which a
21 willing and informed buyer who is not obligated to buy would pay
22 for the property.
23 * * *
24 "Viable agricultural land." Land suitable for agricultural
25 production or a commercial equine activity and which will
26 continue to be economically feasible for such use if real estate
27 taxes, farm use restrictions, and speculative activities are
28 limited to levels approximating those in commercial agricultural
29 areas not influenced by the proximity of urban and related
30 nonagricultural development.
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1 Section 2. Section 11 of the act, amended December 14, 1988
2 (P.L.1202, No.149), is amended to read:
3 Section 11. Limitation on local regulations.
4 (a) General rule.--Every municipality or political
5 subdivision within which an agricultural security area is
6 created shall encourage the continuity, development and
7 viability of agriculture within such an area by not enacting
8 local laws or ordinances which would unreasonably restrict farm
9 structures or farm practices or a commercial equine activity
10 within the area in contravention of the purposes of this act
11 unless such restrictions or regulations bear a direct
12 relationship to the public health or safety.
13 (b) Public nuisance.--Any municipal or political subdivision
14 law or ordinance defining or prohibiting a public nuisance shall
15 exclude from the definition of such nuisance any agricultural
16 activity or operation conducted using normal farming operations
17 or a commercial equine activity within an agricultural security
18 area as permitted by this act if such agricultural activity or
19 operation does not bear a direct relationship to the public
20 health and safety.
21 Section 3. Section 14.1(c) and (i), amended November 23,
22 1994 (P.L.621, No.96) and December 21, 1998 (P.L.1056,
23 No.138),are amended to read:
24 Section 14.1. Purchase of agricultural conservation easements.
25 * * *
26 (c) Restrictions and limitations.--An agricultural
27 conservation easement shall be subject to the following terms,
28 conditions, restrictions and limitations:
29 (1) The term of an agricultural conservation easement
30 shall be perpetual.
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1 (2) Unless otherwise authorized in accordance with
2 subsection (i), an agricultural conservation easement shall
3 not be sold, conveyed, extinguished, leased, encumbered or
4 restricted in whole or in part for a period of 25 years
5 beginning on the date of purchase of the easement.
6 (3) Unless otherwise authorized in accordance with
7 subsection (i), if the land subject to the agricultural
8 conservation easement is no longer viable agricultural land,
9 the Commonwealth, subject to the approval of the State board,
10 and the county, subject to the approval of the county board,
11 may sell, convey, extinguish, lease, encumber or restrict an
12 agricultural conservation easement to the current owner of
13 record of the farmland subject to the easement after the
14 expiration of 25 years from the date of purchase of the
15 easement for a purchase price equal to the value at the time
16 of resale determined pursuant to subsection (f) at the time
17 of conveyance. A conveyance by the Commonwealth pursuant to
18 this subsection shall not be subject to the requirements of
19 Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175),
20 known as "The Administrative Code of 1929." The purchase
21 price shall be payable to the Commonwealth and the county as
22 their respective legal interests in the agricultural
23 conservation easement appear, and a separate payment shall be
24 made to the Commonwealth and the county accordingly at the
25 time of settlement. Any payment received by the Commonwealth
26 pursuant to this provision shall be paid into the fund.
27 (4) Instruments and documents for the purchase, sale and
28 conveyance of agricultural conservation easements shall be
29 approved by the State board or the county board, as the case
30 may be, prior to execution and delivery. Proper releases from
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1 mortgage holders and lienholders must be obtained and
2 executed to insure that all agricultural conservation
3 easements are purchased free and clear of all encumbrances.
4 (5) Whenever any public entity, authority or political
5 subdivision exercises the power of eminent domain and
6 condemns land subject to an agricultural conservation
7 easement, the condemnor shall provide just compensation to
8 the owner of the land in fee and to the owner of the easement
9 as follows:
10 (i) The owner of the land in fee shall be paid the
11 full value which would have been payable to the owner but
12 for the existence of an agricultural conservation
13 easement less the value of the agricultural conservation
14 easement at the time of condemnation.
15 (ii) The owner of the easement shall be paid the
16 value of the easement at the time of condemnation.
17 (iii) For easements owned jointly by the
18 Commonwealth and an eligible county, if the eligible
19 county commits its share of funds received under this
20 paragraph toward the purchase of agricultural
21 conservation easements, the condemnor shall provide the
22 Commonwealth's share of funds to the eligible county for
23 use in purchasing agricultural conservation easements in
24 accordance with this act.
25 (iv) For easements owned by the Commonwealth, the
26 condemnor shall provide the Commonwealth's share of funds
27 received under this paragraph to the eligible county for
28 use in purchasing agricultural conservation easements in
29 accordance with this act.
30 (v) Funds received by an eligible county under this
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1 paragraph shall not be considered matching funds under
2 subsection (h).
3 (vi) If an eligible county which receives funds
4 under this paragraph fails to spend the Commonwealth's
5 share of funds within two years of receipt of the funds,
6 the eligible county shall pay the Commonwealth the
7 Commonwealth's share of funds received under this
8 paragraph plus 6% simple interest. These funds shall be
9 deposited into the Agricultural Conservation Easement
10 Purchase Fund.
11 (6) An agricultural conservation easement shall not
12 prevent:
13 (i) The granting of leases, assignments or other
14 conveyances or the issuing of permits, licenses or other
15 authorization for the exploration, development, storage
16 or removal of coal by underground mining methods, oil and
17 gas by the owner of the subject land or the owner of the
18 underlying coal by underground mining methods, oil and
19 gas or the owner of the rights to develop the underlying
20 coal by underground mining methods, oil and gas, or the
21 development of appurtenant facilities related to the
22 removal of coal by underground mining methods, oil or gas
23 development or activities incident to the removal or
24 development of such minerals.
25 (ii) The granting of rights-of-way by the owner of
26 the subject land in and through the land for the
27 installation of, transportation of, or use of water,
28 sewage, electric, telephone, coal by underground mining
29 methods, gas, oil or oil products lines.
30 (iii) Construction and use of structures on the
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1 subject land necessary for agricultural production or a
2 commercial equine activity.
3 (iv) Construction and use of structures on the
4 subject land for the landowner's principal residence or
5 for the purpose of providing necessary housing for
6 seasonal or full-time employees: Provided, That only one
7 such structure may be constructed on no more than two
8 acres of the subject land during the term of the
9 agricultural conservation easement.
10 (v) Customary part-time or off-season minor or rural
11 enterprises and activities which are provided for in the
12 county Agricultural Conservation Easement Purchase
13 Program approved by the State board under subsection (d).
14 (7) Land subject to an agricultural conservation
15 easement shall not be subdivided for any purpose which may
16 harm the economic viability of the farmland for agricultural
17 production or a commercial equine activity. Land may be
18 subdivided prior to the granting of an agricultural
19 conservation easement, provided that subdividing will not
20 harm the economic viability for agricultural production or a
21 commercial equine activity of the land subject to the
22 easement.
23 (8) Nothing in this act shall prohibit a member of the
24 State board or county board or his or her family from selling
25 a conservation easement under this program, provided that all
26 decisions made regarding easement purchases be subject to the
27 provisions of section 3(j) of the act of October 4, 1978
28 (P.L.883, No.170), referred to as the Public Official and
29 Employee Ethics Law.
30 * * *
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1 (i) Subdivision of land after easement purchase.--
2 (1) Each county program shall specify the conditions
3 under which the subdivision of land subject to an
4 agricultural conservation easement may be permitted. In no
5 case, however, shall a county program permit a subdivision
6 which will:
7 (i) harm the economic viability of the farmland for
8 agricultural production or a commercial equine activity;
9 or
10 (ii) convert land which has been devoted primarily
11 to agricultural use or a commercial equine activity to
12 another primary use, except that a county program may
13 permit one subdivision for the purpose of the
14 construction of a principal residence for the landowner
15 or an immediate family member.
16 (2) The county board may agree to permit a parcel of
17 land subject to an agricultural conservation easement to be
18 subdivided after the granting of such easement as follows:
19 (i) The landowner of record may submit an
20 application, in such form and manner as the county board
21 may prescribe, to the county board requesting that a
22 parcel of the land subject to an easement be subdivided.
23 Upon receipt of the application, the county board shall
24 cause to be forwarded written notification thereof to the
25 county zoning office, county planning office and county
26 farmland preservation office, herein referred to as the
27 reviewing agencies. Each reviewing agency shall have 60
28 days from receipt of such notification to review, comment
29 and make recommendations on the proposed application to
30 the county board.
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1 (ii) After reviewing the application and the
2 comments and recommendations submitted by the reviewing
3 agencies, the county board shall approve or reject the
4 application to subdivide within 120 days after the date
5 of its filing unless the time is extended by mutual
6 agreement of the landowner and reviewing agencies.
7 (iii) If the application to subdivide land is
8 approved by the county board, a copy of the application,
9 along with the comments and recommendations of the
10 reviewing agencies, shall be forwarded to the State board
11 for review and approval or disapproval. When reviewing an
12 application to subdivide land subject to an agricultural
13 conservation easement, the State board shall consider
14 only whether the application complies with the conditions
15 under which subdivisions are permitted by the approved
16 county program. The State board shall notify the county
17 board of its decision regarding the application.
18 (iv) If the application to subdivide is rejected by
19 the county board, the application shall be returned to
20 the landowner with a written statement of the reasons for
21 such rejection. Within 30 days after the receipt of the
22 statement of rejection, the landowner may appeal the
23 rejection in accordance with 2 Pa.C.S. Ch. 5 Subch. B
24 (relating to practice and procedure of local agencies)
25 and Ch. 7 Subch. B (relating to judicial review of local
26 agency action).
27 Section 4. This act shall take effect in 60 days.
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