act-2005-0-61•Pennsylvania Act 2005-61 — AGRICULTURAL AREA SECURITY LAW - CREATION OF AGRICULTURAL AREAS AND PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
Pennsylvania Act 2005-61 — AGRICULTURAL AREA SECURITY LAW - CREATION OF AGRICULTURAL AREAS AND PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
act-2005-0-612005 Pa. Act 61Law
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
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