Pennsylvania Act 2005-61 — AGRICULTURAL AREA SECURITY LAW - CREATION OF AGRICULTURAL AREAS AND PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS

Act text

AGRICULTURAL AREA SECURITY LAW - CREATION OF AGRICULTURAL AREAS AND
             PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
                       Act of Nov. 1, 2005, No. 61                    Cl. 03
                             Session of 2005
                               No. 2005-61

     HB 619

                                  AN ACT

     Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
        act authorizing the creation of agricultural areas," further
        providing for definitions, for agricultural security areas
        and for purchase of agricultural conservation easements.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3 of the act of June 30, 1981 (P.L.128,
     No.43), known as the Agricultural Area Security Law, is amended
     by adding a definition to read:
      Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Commercial equine activity."  The term includes the
     following activities where a fee is collected:
            (1)  The boarding of equines.
            (2)  The training of equines.
            (3)  The instruction of people in handling, driving or
        riding equines.
            (4)  The use of equines for riding or driving purposes.
            (5)  The pasturing of equines.
     The term does not include activity licensed under the act of
     December 17, 1981 (P.L.435, No.135), known as the "Race Horse
     Industry Reform Act."
        * * *
        Section 2.  Section 5(a) of the act, amended October 16, 1996
     (P.L.703, No.121), is amended to read:
      Section 5.  Agricultural security areas.
        (a)  Proposals for creation.--Any owner or owners of land
     used for agricultural production or of viable agricultural land
     a portion of which is used for commercial equine activity may
     submit a proposal to the governing body for the creation of an
     agricultural security area within such local government unit,
     provided that such owner or owners own at least 250 acres of
     viable agricultural land proposed to be included in the area.
     The proposed area may also consist of any number of
     noncontiguous tax parcels or accounts: Provided, That each tax
     parcel or account is at least ten acres or has an anticipated
     yearly gross income of at least $2,000 from the agricultural
     production of crops, livestock and livestock products on such
     parcel or account.
        * * *
        Section 3.  Section 14.1(b)(2)(i) and (c)(6) of the act,
     amended November 23, 1994 (P.L.621, No.96) and May 30, 2001
     (P.L.103, No.14), are amended to read:
      Section 14.1.  Purchase of agricultural conservation easements.
        * * *
        (b)  County programs.--After the establishment of an
     agricultural security area by the governing body, the county
     governing body may authorize a program to be administered by the
     county board for purchasing agricultural conservation easements
     from landowners whose land is either within an agricultural
     security area or in compliance with the criteria set forth in
     paragraph (2)(i).
            * * *
            (2)  It shall be the duty and responsibility of the
        county board to exercise the following powers:
                    (i)  (A)  To adopt rules and regulations for the
                administration of a county program for the purchase
                of agricultural conservation easements in accordance
                with the provisions of this act, including, but not
                limited to, rules and regulations governing the
                submission of applications by landowners,
                establishing standards and procedures for the
                appraisal of property eligible for purchase as an
                agricultural conservation easement, establishing
                minimum criteria for eligibility of viable
                agricultural land a portion of which is used for
                commercial equine activity and establishing standards
                and procedures for the selection or purchase of
                agricultural conservation easements.
                    (B)  To include in such rules and regulations,
                standards and procedures for the selection or
                purchase of agricultural conservation easements by
                the county solely or jointly with either the
                Commonwealth or a local government unit, or both, on
                that portion of a parcel which is not within an
                agricultural security area if all of the following
                criteria are complied with:
                        (I)  The land is part of a parcel of farm
                    land which is bisected by the dividing line
                    between two local government units.
                        (II)  The majority of the farm's viable
                    agricultural land is located within an existing
                    agricultural security area. Upon purchase of an
                    easement covering the portion of the parcel which
                    is not located within an agricultural security
                    area, that portion of the parcel shall
                    immediately become part of the previously
                    established agricultural security area which
                    contains a majority of the farm's viable
                    agricultural land. The governing body which
                    created the agricultural security area which
                    contains a majority of the farm's viable
                    agricultural land shall be responsible for the
                    recording, filing and notification outlined in
                    section 8(d) and (g) concerning land added to the
                    agricultural security area pursuant to this
                    clause.
                    (C)  To include in such rules and regulations,
                standards and procedures for the selection or
                purchase of agricultural conservation easements by
                the county solely or jointly with either the
                Commonwealth or a local government unit, or both, on
                that portion of a parcel located in an adjoining
                county if all of the following criteria are complied
                with:
                        (I)  The land is part of a parcel of farm
                    land which is bisected by the dividing line
                    between the purchasing county and the adjoining
                    county.
                        (II)  Either a mansion house is located on
                    that portion of the parcel which is within the
                    purchasing county or the dividing line between
                    the counties bisects the mansion house and the
                    owner of the parcel has chosen the purchasing
                    county as the situs of assessment for tax
                    purposes or, if there is no mansion house on the
                    parcel, the majority of the farm's viable
                    agricultural land is located in the purchasing
                    county.
                        (III)  The portion of the parcel located in
                    the purchasing county is within an agricultural
                    security area. Upon purchase of an easement by
                    the purchasing county covering that portion of
                    the parcel located in the adjoining county, the
                    portion of the parcel located in the adjoining
                    county shall immediately become part of the
                    agricultural security area previously established
                    in the purchasing county. The governing body
                    which created the agricultural security area in
                    the purchasing county shall be responsible for
                    the recording, filing and notification outlined
                    in section 8(d) and (g) concerning land added to
                    the agricultural security area pursuant to this
                    clause.
                * * *
        (c)  Restrictions and limitations.--An agricultural
     conservation easement shall be subject to the following terms,
     conditions, restrictions and limitations:
            * * *
            (6)  An agricultural conservation easement shall not
        prevent:
                (i)  The granting of leases, assignments or other
            conveyances or the issuing of permits, licenses or other
            authorization for the exploration, development, storage
            or removal of coal by underground mining methods, oil and
            gas by the owner of the subject land or the owner of the
            underlying coal by underground mining methods, oil and
            gas or the owner of the rights to develop the underlying
            coal by underground mining methods, oil and gas, or the
            development of appurtenant facilities related to the
            removal of coal by underground mining methods, oil or gas
            development or activities incident to the removal or
            development of such minerals.
                (ii)  The granting of rights-of-way by the owner of
            the subject land in and through the land for the
            installation of, transportation of, or use of water,
            sewage, electric, telephone, coal by underground mining
            methods, gas, oil or oil products lines.
                (iii)  Construction and use of structures on the
            subject land necessary for agricultural production or a
            commercial equine activity.
                (iv)  Construction and use of structures on the
            subject land for the landowner's principal residence or
            for the purpose of providing necessary housing for
            seasonal or full-time employees: Provided, That only one
            such structure may be constructed on no more than two
            acres of the subject land during the term of the
            agricultural conservation easement.
                (v)  Customary part-time or off-season minor or rural
            enterprises and activities which are provided for in the
            county Agricultural Conservation Easement Purchase
            Program approved by the State board under subsection (d).
                (vi)  Commercial equine activity on the subject land.
            * * *
        Section 4.  The amendment or addition of section
     14.1(c)(6)(iii) and (vi) of the act shall apply to easements
     executed after June 29, 1981.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 1st day of November, A. D. 2005.

     EDWARD G. RENDELL