BEDFORD COUNTY AGRICULTURAL CONSERVATION EASEMENT PURCHASE … · Easement Purchase Program and...

BEDFORD COUNTY

AGRICULTURAL CONSERVATION

EASEMENT PURCHASE PROGRAM

APPROVED BY THE PENNSYLVANIA AGRICULTURAL LAND PRESERVATION BOARD

DECEMBER 17, 1997

OCTOBER 7, 2004 (Recertification)

JUNE 14, 2012 (Recertification)

OCTOBER 10, 2019 (Recertification)

SOUTH WOODBURY TOWNSHIP

BEDFORD COUNTY

AGRICULTURAL LAND PRESERVATION BOARD

Bedford County Agricultural Conservation Easement Program Recertified (October 10, 2019) Page 1

Table of Contents

I. INTRODUCTION ................................................................................................ 2

II. BACKGROUND, PURPOSE AND OBJECTIVES .................................................... 2

III. SIGNIFICANT AGRICULTURAL AREAS IN BEDFORD COUNTY ............... 6

IV. AGRICULTURAL SECURITY AREAS IN BEDFORD COUNTY ..................... 6

V. THE EASEMENT PURCHASE PROGRAM .................................................. 7

VI. EVALUATION OF APPLICATIONS FOR EASEMENT PURCHASE ....... 9

VII. PROCEDURES FOR EASEMENT PURCHASE..................................................... 13

APPENDICES ................................................................................................... 19

A. Defintions

B. Public Sewer and Water System List

C. Significant Agricultural Area Map

D. County Resolution to Create the Bedford County Agricultural Conservation

Easement Purchase Program and Agricultural Land Preservation Board

E. Bylaws of the Bedford County Agricultural Land Preservation Board

F. Worksheets

G. Subdivision of Eased Land

H. Compliance with Amendments to the Agricultural Area Security Law, Act 43

(Including Special Provisions for Parcels not entirely within an Agricultural

Security Area)

I. Permitted Customary Part-Time or Off-Season Minor or Rural Enterprises

J. Soil Symbols, Class of Soils and Productivity

K. PA Title 7 Chapter 138e: Agricultural Conservation Easement Purchase

L. Commercial Equine Activities Amendment

M. Copy of Blank Application


I. INTRODUCTION The Bedford County Commissioners created the Bedford County Conservation Easement Purchase Program and the Bedford County Agricultural Land Preservation Board by Resolution in December 1995. Seven members were appointed to the Board in accordance with the provisions contained within the Agricultural Area Security Law, as amended by Act 149 of 1988. The formation of the Board signified the first step in the implementation of the Bedford County Agricultural Preservation Plan, a component of the Bedford County Comprehensive Plan. The Agricultural Land Preservation Board’s primary goals are to:

Administer a program for purchasing and accepting donations on agricultural conservation easements in accordance with Act 149 and guidelines to the Agricultural Area Security Law as published in the PA Bulletin on November 25, 1995.

Promote efforts to support the growth of existing agricultural and non-agricultural communities in the County.

Encourage the use of farmland preservation techniques through public and private programs in the County.

Encourage the preservation of the most productive soils in the County.

Encourage the use of farmland preservation techniques through public and private programs in the County.

Inform the public about the importance of Agricultural Land Preservation.

Definitions for the Bedford County Program are included in Appendix A. References to Title 7 of the Pennsylvania Code, Chapter 138e (“Agricultural Conservation Easement Purchase Program”) are included throughout this document; Chapter 138e may be found in Appendix K.

II. BACKGROUND, PURPOSE AND OBJECTIVES

A. BACKGROUND

Bedford County is located in south-central Pennsylvania, and includes many agricultural communities. With productive farmland, fertile soils, adequate water, favorable climate and topography, agriculture has shaped its heritage. The County’s agricultural industry is a productive resource that contributes to the local economy through food production, employment and farm-related businesses. Agricultural land is a resource that maintains groundwater recharge areas, aids in storm water management, preserves floodplains, provides hunting areas, scenic value and open space.

Trends in Farming: Shift to Crop Farms and Large-Scale Animal Production; Financial Pressures The USDA Census of Agriculture (2017) provides data on trends in farming in the County. The number of farms has remained almost static from 1997 to 2017 (1183 and 1159, respectively), as has the total acreage in farms (212,654 acres in 1997; 222,224 acres in 2017). However, there has been a shift from dairy to crop farming. The number of milk cows declined by about 30% from 2007 to 2017, while the bushels of wheat and grain corn produced each year increased by more than 300% and 18%, respectively, over the same time period. The County is also experiencing the growth of large-scale animal production facilities, including the construction of several for pigs, chickens and ducks over the past five years.


The financial struggles associated with farming in Bedford County are evidenced by a flattening of total county-wide net farm income between 2012 ($29.3 million) and 2017 ($29.2 million).The average net cash income per farm in 2017 for the six-county southcentral region is shown below. Only Cambria County had a lower income per farm: Bedford $25,198

Blair $61,139

Cambria $14,658

Fulton $48,316

Huntingdon $42,696

Somerset $29,223

Suburban Sprawl Suburban sprawl has scattered non-agricultural uses throughout farming areas and fragmented farm holdings in some parts of the county. Flat and well-drained, prime farmland is easy to develop, presenting few impediments to construction. Land suitable for development of on-lot septic systems is limited. Ten percent of all county soils lend themselves to standard on-lot septic system construction; only another eight percent will support a more expensive sand mound alternative system. Soils best-suited for on-lot disposal, are located in our prime farmland. It is clear that much of our future growth in housing will be located either adjacent to the 20 existing sewer collection and/or disposal systems, or on soils suitable for on-lot septic disposal. Although the availability of potable water supplies has a lesser impact on suburban sprawl, the effect is similar. The 18 public water systems in the county, along with 20 sewer systems, are listed in Appendix B.

Costs of Stewardship It is becoming ever more difficult for farmers to stay in farming. The agricultural community is faced with rising costs of operations, fluctuating market prices, increasing property taxes, unemployment costs, and conflicts with adjacent development. Continued reinvestment in farm operations and the added costs of conservation practices have become more difficult to fund. Soil erosion remains a problem in Bedford County. The loss of soil fertility through erosion, compaction and overuse can be masked temporarily with increased chemical fertilization. In the long run, however, soil conservation management, another cost for farmers, is essential to maintain the productive capability of the soil, the agricultural resource base. The County’s involvement in state and federal efforts to protect the Chesapeake Bay is discussed below.

Chesapeake Bay Watershed and Farming Essentially all of Bedford County is in the Chesapeake Bay watershed. The northern 70% is in the Susquehanna River basin, while the southern 30% is in the Potomac River Basin. Both rivers drain into the Bay. The Bay has been identified as a national resource by the federal government and efforts have been ongoing for decades to implement protection measures. The “Morrison Cove” region is in the northern part of the County and encompasses Bloomfield, Woodbury and South Woodbury Townships, including some of the County’s most productive agricultural soils. As a headwaters region of the Chesapeake Bay watershed, Morrison Cove has been studied extensively. The Susquehanna River Basin Commission (SRBC) issued a final report in 2011 titled “Morrison Cove Water Resources Availability


Report”. The report stated that the Yellow Creek Watershed has 174 miles of streams impaired by nutrients and/or sediment, and that possible sources for excessive nitrate concentrations include “a range of agricultural activities present in the watershed.” It was further noted that 54 percent of the land in the Yellow Creek watershed is used for agriculture. Recommendations for improving water quality included reduced fertilization and exportation of manure outside the Cove region, or processing it in a digester. Strengthening, planning and implementation of nutrient management plans and farm conservation plans were also recommended. Finally, an increased focus on riparian (stream) buffer zones was advised. The States within the Chesapeake Bay watershed are also subject to federal requirements to reduce nitrogen and phosphorous pollution by 2025. Each State has been required to develop a Watershed Implementation Plan (WIP) to meet pollution reduction goals. The current version of the Pennsylvania WIP, known as WIP 3, requires each County in the watershed to conduct local collaborative efforts to reduce nitrogen and phosphorous pollution. The 43 counties in the watershed have been ranked in Tiers, with Tier 1 counties having the most pollution to reduce, and Tier 4 counties having the least. Bedford County is in Tier 2. Final guidance on implementing WIP 3 in the County will be received by the fall of 2019.

Bedford County Agricultural Conservation Easement Purchase Program The Program is a result of concerted efforts of Bedford County residents. The Agricultural Preservation Plan (which preceded and is the foundation for this Program) is one portion of the much larger Comprehensive Plan prepared by the County Planning Commission. The Agricultural Preservation Task Force was a group of County citizens who volunteered to assist the Commission in preparing the Agricultural Preservation Plan. The Task Force was composed of farmers, county and federal agencies, farm-related unions and associations, education groups, agricultural business, forestry and laypersons. The Plan contained, as a major objective, the establishment of a County Agricultural Easement Program and County Agricultural Land Preservation Board. The Easement Program describes a method to objectively determine which areas should be preserved. Bedford County is in a fortunate position to be able to be selective and careful in implementing growth management goals and policies. This is because our County has not yet developed fully and there are still significant natural resources, such as our most productive soils, that we can preserve. This Program is a key component in an effort to support the future health of our economy, particularly agricultural business and industry.

B. PURPOSE AND OBJECTIVES

Purpose The primary purposes of the Bedford County Agricultural Land Preservation Easement Program are as follows (Chapter 138e.14; see Appendix K):

To protect viable agricultural lands by acquiring agricultural conservation easements with prevent the development of improvement of the land for any purpose other than agricultural production.

To encourage landowners to make a long-term commitment to agriculture by offering them financial incentives and security of land use.

To protect normal farming operations in agricultural security areas from incompatible non-farm uses that may render farming impracticable.

To protect normal farming operations from complaints of public nuisance against farming operations.


To assure conservation of viable agricultural lands in order to protect the agricultural economy of the Commonwealth and Bedford County.

To provide compensation to landowners in exchange for their relinquishment of the right to develop their private property.

To maximize agricultural easement purchase funds and protect the investment of taxpayers in agricultural conservation easements and infrastructure in developed areas.

Bedford County also has the following secondary purposes for the Program:

To implement the agricultural and land development goals and rationale of the Bedford County Agricultural Land Preservation Plan and the Bedford County Comprehensive Plan.

To encourage the preservation of clusters of farms and businesses supporting agricultural communities.

To accept donations of easements and bargain sales of easements. The Program represents the procedures of the Board to be used in accomplishing these purposes, enabled by Act 442, the Conservation and Land Development Act of 1968, and by Act 43, the Agricultural Area Security Law of 1981, amended by Act 149 of 1988 and Act 247 as amended. The Conservation Easement Program is intended to compliment and expand upon the Action Item for agricultural easement purchases as identified in the Bedford County Comprehensive Plan (2018). Meeting the goals of the Plan will require the resolve of Bedford County farmers, local elected officials, and all County residents.

Objectives

The Bedford County Comprehensive Plan (2018) identified Critical Issues throughout a 6-county regional planning area. Agriculture was highlighted as a Critical Issue and it was noted that the agricultural community faces issues such as access to capital and the lack of younger farmers. The previous Comprehensive Plan (2006) included a Land Use Action Plan that identifies key Goals, Objectives and Actions designed to protect agricultural resources in the County. The Land Use Action Plan is still valid and includes the following Goals and Objectives: Goal 1: Direct growth and development to designated areas in the County so that the costs of supporting infrastructure are minimized and agricultural and natural resources are protected and conserved.

Objective 1.1: Maintain an up-to-date future land use map that recommends growth areas that would be supported by appropriate infrastructure, and rural resource areas that would support preservation of important natural resources

Action 1.1.3: Designate rural resource areas that should remain for agricultural production and industry.

Objective 1.7: Preserve and protect rural areas of the County to allow the continuation of sustainable agricultural resources by the County’s farming community.


Action 1.7.4: Farmland preservation – Encourage farmers to place their farms into agricultural security areas. And continue to preserve quality farmland in the County through the agricultural easement program.

Action 1.7.5: Agricultural development strategies – Examine strategies for stimulating agricultural development. These strategies could include developing agri-tourism; identifying emerging markets for farm products; expanding horticulture; and exploring niche markets such as cheese, organics, wineries and hydroponics.

III. SIGNIFICANT AGRICULTURAL AREAS IN BEDFORD COUNTY In the Bedford County Agricultural Preservation Plan, Significant Agricultural Areas in the county were identified as special targets for farmland preservation activities. These areas were chosen for their concentration of productive soils, large tracts of actively farmed land, and generally limited urban infrastructure. Several sources were used to delineate these areas, including the U.S.D.A. Natural Resources Conservation Service Soil Survey and maps; current aerial photography; and digital maps of the Bedford County Planning Commission's Geographical Information Systems (GIS) including proposed development plans, highway and other infrastructure such as public sewer and water facilities. Appendix C includes a summary map which illustrates these Significant Agricultural Areas. Individual maps at a larger scale are available at the Planning Commission office. Based upon the objective of protecting concentrations of the most productive soils, the designated Areas take priority for points awarded in the ranking system for the selection of conservation easements. The shaded areas on the map in Appendix C showed all soils having a relative value of 53 and greater. Farms located outside these shaded areas are not excluded from consideration but receive fewer points. A 1000-foot buffer adjacent to all municipal sewer and water systems was established, and farms located within these buffer zones, and on soils of high productivity, were excluded from receiving the points in the ranking system normally awarded for location within a Significant Agricultural Area. This reflects the goal of the Bedford County Agricultural Land Preservation Board to encourage focused growth adjacent to municipal infrastructure (see also Section V.E). (NOTE: The 1000-buffer zones on the Significant Area Maps are continuously refined upon the receipt of additional data from municipal utilities regarding the extension of sewer and water systems.)

IV. AGRICULTURAL SECURITY AREAS IN BEDFORD COUNTY

The Pennsylvania Agricultural Area Security Act 43 (1981) enables the formation of security districts through the cooperative efforts of farmland owners and local governments. This Act does not regulate or restrict development, but rather, provides incentives for farmers to make known their long range commitments to farming. Since 1983, property owners in 22 townships in Bedford County have petitioned their local governments to establish agricultural security areas in accordance with Act 43 and amended by Act 149 of 1988.

As a result, over 100,000 acres of Bedford County lands have been included voluntarily in such districts. Farmland represents a majority of the land in this total area. It should be noted that the majority of security district parcels are located within Significant Agricultural Areas.

Agricultural Security Areas help to promote a more permanent and viable agricultural base. Agricultural Security Areas in Bedford County are defined geographic areas which consist of at least 500 acres of land used for the


agricultural production of crops, livestock and livestock products under the ownership of one or more persons. Agricultural Security Areas are afforded protection from incompatible municipal, authority, school district, county, and state projects which may result in direct or indirect forced conversion of farmland into non-farm uses. Agricultural Security Areas are protected from local nuisance ordinances and ordinances that would otherwise restrict farming activities. Only farms within designated Agricultural Security Areas will be eligible for consideration for easement purchases. For more information on Agricultural Security Areas see Appendix K.

V. THE EASEMENT PURCHASE PROGRAM

A. EASEMENT PURCHASE AND RESTRICTIONS

Bedford County, through its Agricultural Land Preservation Board, intends to acquire agricultural conservation easements. Conservation easements may be acquired with state, county, local municipal federal funds or a combination of funding sources. The county is responsible for monitoring and enforcement of all easements that they acquire. The county will abide by the inspection and enforcement procedures as contained in Chapter 138e.201-207; see Section VII.G below and Appendix K. Conservation easements will be negotiated through voluntary sale or voluntary bargain sale within existing Agricultural Security Areas. Those landowners applying to sale conservation easements will be ranked based on soil relative value, location and site factors. An appraisal of conservation easement value by the county easement board will be the determinant of the maximum compensable easement value. The purchase price paid for an agricultural conservation easement in perpetuity will be equal or less than the easement value, as determined by the appraisal process. This is the maximum allowable under state regulations. Payment to the prospective landowner may be made in a lump sum or in installments over a period of five years. A conservation easement secured through acquisition is a legally binding document which is filed with the Recorder of Deeds, restricting its use to agricultural and directly related uses, for which compensation is paid. Restrictions are binding upon the owner and future owners. Should the land be subdivided each portion of the land retains the same restrictions on development. However, this program does not permit the subdivision of eased land except for the Board-approved 2 acre new building lot (Chapter 138e.224 and 225; See Appendix K).

B. LANDOWNER APPLICATION AND ELIGIBILITY CRITERIA In order for a site to be prioritized for easement purchase, a landowner must submit a completed application form for the purchase of conservation easements. The Bedford County Agricultural Land Preservation Board will accept all applications for the purchase of conservation easements if the application meets the minimum criteria listed below. All applications that have been rejected by the board will be given written notice including an explanation of the reason(s) for the rejection. The following minimum criteria (Chapter 138e.16(a); see Appendix K) are prerequisites to qualify a landowner for a conservation easement sale. The farmland tract shall:

(1) Be one or more of the following:

(i) Located in an agricultural security area consisting of 500 acres or more.


(ii) Bisected by the dividing line between two local government units, having the majority of its viable agricultural land within an agricultural security area of 500 acres or more and the remainder in another local government unit outside of an agricultural security area.

(iii) Bisected by the dividing line between the purchasing county and an adjoining county, having the land located in the purchasing county within an agricultural security area of 500 acres or more and the remainder in another county outside the agricultural security area, with respect to which one of the following applies:

(A) A mansion house is on the tract and located within the purchasing county.

(B) When the mansion house on the tract is bisected by the dividing line between the two counties, the landowner has chosen the purchasing county as the site of assessment for tax purposes.

(C) When there is no mansion house on the farmland tract, the majority of the tract’s viable agricultural land is located within the purchasing county.


(i) Contiguous acreage of at least 50 acres in size. (II) Contiguous acreage of at least 10 acres in size and utilized for a crop unique to the area.

(iii) Contiguous acreage of at least 10 acres in size and contiguous to a property which has a perpetual conservation easement in place which is held by a “qualified conservation organization ,” as that term is defined in section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. Section 170(h)(3)).

(3) Contain at least 50% of soils which are both available for agricultural production and of land capability

classes’ I-V, as defined by the USDA-NRCS. (See Table of Soil Classes in Appendix J).

(4) Contain the greater or 50% or 10 acres of harvested cropland, pasture or grazing land.

(5) An updated and USDA-approved Conservation Plan must be in place on the entire application area.

C. BARGAIN SALE (INCLUDING $1 EASEMENT PURCHASE)

A Bargain Sale is a voluntary alternative for a landowner to a full purchase price request for an easement. This method is encouraged by the Board and the County of Bedford. A bargain sale involves the purchase of an easement for less than 100% of the full value as established by an appraisal. If the landowner is willing to accept $1 for a bargain sale easement purchase, the application will not require scoring or ranking, and can proceed immediately for processing. However, the application must meet all requirements as described in Section V.B. Sufficient funds must be available to the county to cover the costs of processing the easement prior to the County Board accepting the application. (See also Section VII.E).

D. BEDFORD COUNTY PLANNING COMMISSION CONSISTENCY REVIEW

The Board will request a formal review and comment from the Bedford County Planning Commission as to the consistency of each new proposed easement purchase with the Bedford County Comprehensive Plan as part of the application process.


E. SIGNIFICANT AGRICULTURAL AREAS AND PROXIMITY TO EXISTING INFRASTRUCTURE

The Bedford County Agricultural Land Preservation Board has adopted planning maps to guide easement purchases. The maps, available at the Bedford County Planning Commission Office, identify Significant Agricultural Areas within the county, which are part of the scoring system in Section VI. Normally, parcels located within or partially within existing Significant Agricultural Areas will be afforded higher ranking than parcels located outside of these areas. However, if a farm in a Significant Agricultural Area is located within a defined “growth area” proximal to municipal infrastructure, it will not receive the additional points for being in a Significant Agricultural Area. Additionally, the ranking system places a lower priority on Development Potential than other factors (including proximity to water and sewer systems; Section VI.D). The overall policy represents a balance between directing easement purchase towards the most productive land while encouraging development in close proximity to existing municipal infrastructure, by removing these areas for consideration of additional points in the ranking system. This approach attempts to insure efficiency in the existing and future investments in our infrastructure and developing communities. At the same time the maps define those productive lands where easements can be obtained in perpetuity and public investment in obtaining the easements can be more readily protected.

F. STATE MINIMUM ELIGIBILITY CRITERIA

The Bedford County Agricultural Land Preservation Board follows all State minimum eligibility criteria. See State Regulations in Appendix K (Section 138e.16 (a)).

VI. EVALUATION OF APPLICATIONS FOR EASEMENT PURCHASE A farmland ranking system has been devised to rank applications for conservation easement sales. The criteria addressed within the ranking system are applied once the farm meets the minimum state participation criteria. All qualified farms are ranked according to this system. The Board allocated a priority (percent weight) for each major criteria group. This percentage describes the importance attributed to each major criteria group. The two major criteria groups (Land Evaluation and Site Assessment) are described in Sections A and B below.

A. LAND EVALUATION

Land evaluations assess the relative value of the soil.

The highest raw score possible for land evaluation is 100 points.

The soils of the farmland are scored as described in Appendix F and then the raw score for the farm is multiplied by 46 percent, which is the priority (percent weight) that describes the importance of this criterion.

B. SITE ASSESSMENT

The Site Assessment criteria, deals with three factors other than soil productivity (Development Potential, Farmland Potential and Clustering Potential).

The highest total raw score possible for these factors is 300 points.


These factors are scored as described in the following pages and then the raw score for each criteria group below is multiplied by the percent shown below; the priority (percent weight) that describes the importance of each criteria group.

1. DEVELOPMENT POTENTIAL

Development Potential assesses the following factors: proximity of the farm to public sewer and water lines, road frontage and adjacent non-agricultural use

The highest total raw score possible for these four factors is 100 points.

The raw score for each criterion is multiplied by 14 percent, which is the priority (percent weight) that describes the importance of the criteria. These factors are described in Section E.1 below.

2. FARMLAND POTENTIAL

Farmland Potential assesses the following factors: the size of the farm, conservation planning, the use of the land, and whether there is unique soil on the farm.

The highest total raw score possible for these factors is 100 points.


3. CLUSTERING POTENTIAL

Clustering Potential assesses the following factors: Agricultural Security Areas, neighboring farms, Significant Agricultural Areas Map, and agricultural easements.

The highest total raw score possible in this group of four criteria is 100 points.


The total final score after applying the priority for each criteria group (percent weight) is a maximum of 100 points.

C. LAND EVALUATION CALCULATION

As stated above, the relative value score depicts the amount of points allotted to any soil on a farm. The relative values for all soils in Bedford County may be found in Appendix J. Sample calculation: In a farm of 200 acres, if one-half of the soil is birdsboro, class 1, with a slope of 0 to 3 percent, and the other half is clarksburg, 2e, 3 to 8 percent slope, then the respective relative values (RV) of 100 and 77 could simply be added and the total divided by 2 or the following formula could be used: {(100 RV x 100 acres) + (77 RV x 100 acres)}/200 total acres = 88.5points, rounded up to 89, which would equal the Land Evaluation points.


In most cases farms will several different types of soils. In these cases the formula below should be used to determine the total points for Land Evaluation.

{(a rv x a acres) + (b rv x acres) +...+ (nrv x n acres)}/ (a+b+...+n acres) = Land Evaluation points

This criterion has an importance or priority of 46 out of a 100 percent. To obtain the final Land Evaluation score for the farm, the Land Evaluation points are multiplied by the priority percentage of 46.

D. SITE ASSESSMENT FACTORS

1. DEVELOPMENT POTENTIAL (100 points maximum; priority 14 percent) (See NOTE below)

1. Public Water Systems

If any part of a farm tract is within 1,000 feet of a public water line the farm receives 25 points.

2. Public Sewer Systems

If any part of a farm tract is closer than 1,000 feet to a public sewer line the farm receives 25 points.

3. Road Frontage

Road frontage equals greater than 50 percent of the farm tract boundary the farm receives 25 points.

4. Non-Ag Use Adjacent

If adjacent non-ag use equals greater than 50 percent of the farm tract boundary the farm receives 25 points

NOTE: Although it is a state requirement to award additional points to farms under the most development pressure as the Board has under this Section, the Agricultural Preservation Plan and the County’s Program rationale is based on directing growth to existing infrastructure areas and total community planning. This conflicting view is tempered by the allotment of only 14 percent priority for Development Potential.

2. FARMLAND POTENTIAL (100 points maximum; priority 23 percent)

1. Size of farm - Acres

200 and above 30 Points

50 to 199 10 Points

< 50 0 Points


2. Implementing Conservation Plans on 50 percent or more of the tract – y/n

Yes 35 Points

No 0 Points

3. Percent of tract that is used for Crop

Grazing or Pasture

90% + 30 Points

70% - 89% 10 Points

50% - 69% 5 Points

< 50% 0 Points

4. Historic, Scenic and Environmental Qualities

All tracts designated or listed by state or federal authorities as historically or culturally significant, as a scenic or open space area, or those tracts adjoining state or federal designated protected areas such as floodplains, wildlife habitat, parks, forests, game lands and educational sites when scoring this factor. A tract with any of the above attributes shall receive 5 points.

3. CLUSTERING POTENTIAL (100 points maximum; priority 17 percent)

1. Percent of tract boundary bordering Agricultural Security Area

90% 15 Points

50% - 89% 10 Points

1% - 49% 5 Points

< 1% 0 Points

2. Percent of tract boundary bordering

Ag Use

90% + 15 Points

70% - 89% 10 Points

50% - 69% 5 Points

0% - 49% 0 Points


3. Percent of tract in a Significant Ag Area (Appendix C)

75% + 55 Points

50% - 74% 45 Points

25% - 49% 35 Points

1% - 24% 25 Points

< 1% 0 Points

4. Proximity of farm to a tract under an Ag

Easement

0 to 1000 Feet 15 Points

> 1000 Feet 0 Points

VII. PROCEDURES FOR EASEMENT PURCHASE

This section details the procedures for conservation easement purchase. Most of this text restates guidelines promulgated by the Pennsylvania Department of Agriculture as found in Appendix K. The Board will be following the State Regulations as found in Sections 138e.61-66 of Title 7 of the Pennsylvania Code.

A. SUBMITTING APPLICATIONS

Owners of qualified land may offer to sell a conservation easement by applying to the Board by the first Monday in March of each year. A blank application is included in Appendix M.

Applications submitted by this date will have priority of funding over applications submitted later in the year according to an annual allocation of funds. All applications will be reviewed for completeness and determined whether they meet the minimum state criteria. All applications meeting the minimum state criteria will be ranked. Additional application windows will be considered if sufficient funds remain available.

A separate application package shall be required for each farmland tract offered for easement purchase (adjacent parcels of the same owner(s) are considered the same tract). The application must consist of a completed application form, location maps, a soils report and a crop report. It is the responsibility of the land owner to gather this information.

The entire farm must be submitted for consideration. A separate application package is required for each non-contiguous tract or tracts when these tracts are owned by different persons. See the County Program Administrator for an application.

B. EVALUATION AND RANKING OF APPLICATIONS

The Bedford County Agricultural Land Preservation Board will review each application to determine if it is complete and meets the state minimum eligibility criteria. If the application is complete and meets the state minimum eligibility criteria then the board will:


1. Appoint a member of the Bedford County Agricultural Land Preservation Board, or its designate, to visit the farm, gather information, and discuss the program with the applicant.

2. Evaluate all timely applications and rank them according to the county numerical ranking system. Evaluation and ranking will be conducted on the total farm tract(s) applied for. Selection for appraisal will be made in descending order of farmland ranking score; and

3. Make a determination whether to appraise the farmland tract that is the subject of the application. The cost of an easement can be determined only after a property has been appraised.

The board will be responsible for updating the system to reflect changes in productivity, location and site factors and any other land classification that may affect the ranking system. The ranking system and all supporting data are available for public inspection.

C. APPRAISAL OF EASEMENTS See Appendix K - State Regulations 138.e63 & 64. Following the evaluation of the application, the results of the overall ranking will be forwarded to applicants. The applicant(s) selected by the board for appraisal will also receive an appraisal request form. Applicants who wish to proceed will submit a completed request form to the Bedford County Agricultural Land Preservation Board along with a $1000 deposit. The $1000 deposit shall be refundable to those applicants whose appraisal cannot proceed in a timely fashion, and thus the county does not incur administrative costs (appraisal, survey, legal, etc.). The deposit shall be forfeited once the county begins to incur such costs. Applicants whose farms go to final settlement shall have the $1000 deposit returned.

Upon formal submission of an appraisal request, the applicant accepts responsibility for all administrative costs incurred by the county or its agents, should the applicant notify the county or its agent that the applicant is withdrawing from the appraisal process or breaks a contract of sale.

1. APPRAISAL REPORT Offers to purchase easements will be based upon one or more appraisal reports. The appraisal report will estimate both the fair market value of the tract prior to development easements (market value) and the market value after a development easement is placed on the tract (farmland value). The difference is the easement value. 2. THE APPRAISER

The appraiser will be will be selected by the Easement Board and be an independent State certified general real estate appraiser who is qualified to appraise properties for easement purchase. Appraisers shall be selected on the basis of experience, expertise, and professional certification. Selection of appraisers will be in accordance with the State Act and its attendant regulations and guidelines.

The appraiser will be a member or candidate member of an organization which subscribes to the Uniform Standards of Professional Appraisal Practice, as amended and revised, published by the Ad hoc Committee on Uniform Standards, February 8, 1987, and will follow such ethical and professional standards.


D. EASEMENT VALUE AND PURCHASE PRICE See Appendix K - State Regulations 138e.65. Easements will be purchased in perpetuity. The appraisal report provides the County Board with an estimate of the value of the easement purchased in perpetuity, which is the difference between the market value and the farmland value. The price paid for purchase of an easement in perpetuity will be equal to or less than the easement value.

E. APPROVAL OF EASEMENT PURCHASE BY THE AGRICULTURAL LAND PRESERVATION BOARD The Bedford County Agricultural Land Preservation Board, when determining whether to purchase an easement, will consider the following:

Evaluation according to the numerical ranking system

Consistency with county map of Significant Agricultural Areas; Cost relative to total allocations and appropriations;

Proximity to other lands subject to easements

Comments of the Bedford County Planning Commission

If a farmland tract is approved for easement purchase, the County Board, or a representative of the County Board, must meet with the applicant to review the appraisal reports. Any offer to purchase an easement must be submitted to the applicant in writing and accompanied by the appraisal report. The offer may be less than or equal to the appraised value of the easement. The offer must also be consistent with State Regulations 138e.66 (“Offer of Purchase by County Board”; see Appendix K) and the following policies of the County Board:

The purchase of conservation easements on any one farm cannot exceed $1,500 per acre. This amount includes any additional costs of the county associated in buying the easement.

A qualifying farm that has an appraised value exceeding 100 percent of the annual allocation including costs will be considered for conservation easement purchase when the county has sufficient funds or a bargain sale is approved. A bargain sale is described in the next paragraph.

Any offer to sell a perpetual easement at a price less than the appraised value may qualify as a conservation contribution or bargain sale, resulting in a federal income tax deduction for the contributor in the amount of such difference. The County Board cannot offer financial or legal advice concerning the tax consequences of any easement purchase, including a bargain sale.

No eased farm may be subdivided except as described in Appendix G and this will be so stated in the conservation easement and deed. Any construction will be conducted in compliance with local and state regulations and ordinances. (See Permitted Actions below and Appendix G.)

In all cases the county program and actions by the Board will be consistent with the Pennsylvania Agricultural Area Security Law and its attendant regulations and guidelines.


Whenever any interest in land subject to an agricultural conservation easement is conveyed or transferred to another person, the deed conveying or transferring such interest shall recite in verbatim the language of the easement restrictions as set forth in the deed executed in connection with the purchase of the easement. Within 30 days of the change of ownership, the person conveying or transferring the land will notify the county Board and the U.S.D.A. of the name and address of the person to whom the subject land was conveyed or transferred and the price per acre or portion thereof received by the landowner from such person.

Any property evaluated for agricultural conservation easement purchase will be evaluated in accordance with standards, criteria and requirements currently or hereafter established by the State Board addressing soil quality, likelihood of conversion, proximity to other land under agricultural conservation easement, land stewardship and fair, equitable, objective and nondiscriminatory procedures for determining purchase priorities.

Within 30 days of receipt of the written offer from the County Board an applicant may accept the offer, reject the offer, or secure an independent appraisal. State Regulations Section 138e.66 (c)(3) describes the process that occurs if an applicant rejects an easement purchase offer, including the ability of the applicant to conduct an independent appraisal, at the applicant’s expense. The calculation of the easement value if an independent appraisal is conducted is also described in Section 138e.66 (c)(3). Failure by the applicant to act in witting within 30 days will constitute rejection of the offer. If the offer of purchase is accepted, the County Board will prepare a contract of sale. The contract must be approved by the State Board, and be subject to the ability of the applicant to provide good title to the premises, free of any encumbrances such as liens, mortgages, options, rights of others in surface mineable minerals, land use restrictions, adverse ownership interests, or others which would adversely impact the county and state's interest in the property. Settlement will be scheduled at a time and place convenient to both buyer and seller. If circumstances prohibit settlement within six (6) months of acceptance, the Bedford County Agricultural Land Preservation Board reserves the right to withdraw the original offer.

F. THE AGRICULTURAL EASEMENT DEED

All owners of the subject real estate must execute a deed, conveying the easement, which satisfies the requirements of the State Regulations (see Appendix K), deed closure and surveying requirements (State Regulations 138e.67 and 138e.73). PERMITTED ACTIONS An agricultural easement will not prevent the following:

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 of development of such minerals.


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.

Construction and use of structures on the subject land necessary for agricultural production.

Construction and use of structures on the subject land for the landowner's principal residence, or for an immediate family member or for the purpose of providing necessary housing for seasonal or full-time employees, provided that only one such structure and its curtilage may be constructed on no more than two acres of the subject land during the term of the easement; see Appendix G. The procedures for reviewing a request to review for subdivision of not more than two acres of land are described in Appendix K, Section 138e.226.

Customary part-time or off-season minor or rural enterprises and activities (Appendix I).

Reconstruction or rehabilitation of existing structures.

Commercial equine activities (Appendix L).

G. INSPECTION AND ENFORCEMENT OF EASEMENTS

The County Board shall have the primary responsibility for inspecting and enforcing easements per State Regulations 138e.201, 202, 204, 205 and 206; see Appendix K).

The County Board shall inspect all eased land within the county on at least a biennial basis to determine compliance with the applicable deed of easement. The first inspection shall be completed within 1 year of the date of easement sale.

Written notice of an inspection to be conducted under Section 302(A) shall be mailed to the owner at least 10 days prior to the inspection.

Any inspection conducted under Section 302(A) shall be performed between the hours of 8 AM and 5 PM on a weekday that is not a legal holiday recognized by the Commonwealth, or a date and time agreeable to the county and the landowner.

Within 10 days of conducting an inspection under Section 302(A), the County Board shall prepare shall prepare a written inspection report setting forth the following information:

1. The identification of the land inspected. 2. The name of the owner of the farmland at the time the easement was originally

acquired and the name of the current owner of the land inspected. 3. A description of the modifications in the number, type, location or use of any

structures on the land since the date of the filing of the deed of easement. 4. A description of the conservation practices being observed on the eased land. 5. A statement of whether the provisions of the deed of easement are being

observed. 6. A statement indicating whether a structure permitted under Section

14.1(c)(6)(iv) of the Act (3 P.S. § 914.1 (c)(6)(iv)) has been constructed on the restricted land and, if such a structure has been constructed, the month and year construction was completed and a description of the structure and its location on the land.


7. A statement indicating whether the residential subdivision permitted under Section 14.1(c)(6)(iv) has been exercised.

H. RESPONSIBILITY OF OWNER The responsibility of the owner is described in State Regulations 138e.222, 223, 224 and 227; see Appendix K):

Prepare a conservation plan approved by the county conservation district or the County Board for the eased property, prior to the recommended approval of the easement purchase by the County Board to the State Board.

As part of the settlement documents described in Section 138e.93, execute a conservation plan agreement form.

Agree to all terms related to the construction of new buildings or structures, and the renovation of existing building or structures.

In addition to the structures existing on the eased land on the date of the granting of the easement, one additional residential structure may be constructed on the eased land if the requirements of Section 138e.224(a) are met. The residential structure and its curtilage shall occupy no more than two acres of eased land. Replacement of structures may occur in accordance with the requirements of Section 138e.224(b).

Upon change of ownership of the eased property, a deed shall be prepared conveying an interest in the eased land which shall set forth the language of the easement restrictions verbatim.

Within 30 days of a change in ownership of the eased property, the prior owner shall notify the County Board and the Department of Agriculture of the name and address of the new owner, provide each a copy of the deed, provide a statement of the price per acre or portion thereof involved in the transfer and a reference to the volume and page in which the transfer has been recorded by the county recorder of deeds.

I. PUBLIC INFORMATION The County Agricultural Land Preservation Board will publicize the County Program through the publication and dissemination of news articles, informational brochures, annual reports and public notices, and through requests for presentations to groups. The County Board will be subject to the Act of July 3, 1965 (P.L. 388, No. 84), known as the Sunshine Act, and the Act of June 21, 1957 (P.L. 390, No 212) referred to as the Right-To-Know Law, relating to the inspection and copying of public records.


APPENDICES

A. Definitions

B. Public Sewer and Water Line List

C. Significant Agricultural Area Map

D. County Resolution to Create the Bedford County Agricultural Conservation Easement Purchase Program and Agricultural Land Preservation Board

E. Bylaws of the Bedford County Agricultural Land Preservation Board

F. Worksheets

G. Subdivision of Eased Land

H. Compliance with Amendments to the Agricultural Area Security Law

(Act 43) (Including Special Provisions for Parcels Not Entirely Within an Agricultural Security Area)

I. Permitted Customary Part-Time or Off-Season Minor or Rural

Enterprises

J. Soil Symbols, Class of Soils and Productivity

K. PA Title 7 Chapter 138e: Agricultural Conservation Easement Purchase Program

L. Commercial Equine Activities Amendment

M. Copy of Blank Application

APPENDIX A

DEFINITIONS Unless otherwise stated, the following definitions apply to words, terms and phrases used in these Guidelines. Agricultural Conservation Easement or Easement – An interest in land, less than fee simple, which interest represents the right to prevent the development or improvement of a parcel for a purpose other than agricultural production. The easement may be granted by the owner of the fee simple to a third party or to the Commonwealth, to a county governing body or to a unit of local government. It shall be granted in perpetuity, as the equivalent of covenants running with the land. The exercise or failure to exercise any right granted by the easement will not be deemed to be management or control of activities at the site for purposes of enforcement of the Hazardous Sites Cleanup Act (35 P. S. § § 6020.101-6020.1305). Agricultural Production – The production for commercial purposes of crops, livestock and livestock products; including the processing or retail marketing of the crops, livestock or livestock products if more than 50% of the processed or merchandised products are produced by the farm operator. Agricultural Security Area – A unit of 250 or more acres of land used for the agricultural production of crops, livestock and livestock products or of viable agricultural land a portion which is used for commercial equine activity, under the ownership of one or more person and designated as such by the procedures in the act or designated as such under the act of January 19, 1968 (1967 P. L. 992, No. 442) (32 P. S. § § 5001-5012) prior to the February 12, 1989 effective date of the act of December 14, 1988 (P. L. 1202, No. 149), by the governing body of the county or governing body of the municipality in which the agricultural land is located on the basis of criteria and procedures which predate February 12, 1989: provided that an owner or land designated as such under the authority of the act of January 19, 1968 (1967 P. L. 1992, No. 442) may withdraw the land from an agricultural security area by providing written notice of withdrawal to the county governing body of the municipality in which the land is located within 180 days of February 12, 1989. Allocation – The State Board’s designation of funds to the counties under section 14.1 of the act (3 P. S. § 914.1). The allocation is an accounting procedure only and does not involve certifying, reserving, encumbering, transferring or paying funds to eligible counties. Appropriation – The irrevocable commitment of a specific amount of money by the county governing body exclusively for the purchase of easements. Bargain Sale – A transaction wherein the applicant agrees to accept less than one hundred percent (100%) of the duly appraised Agricultural Conservation Easement value. Commercial Equine Activity – The following activities where a fee is collected: The boarding of equines, training of equines, the instruction of people in handling, driving or riding equines, the use of equines for riding or driving purposes, 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.” Conservation Plan – A plan describing land management practices which, when completely implemented, will improve and maintain the soil, water and related plant and animal resources of the land. A Conservation Plan shall include the following:

An installation schedule

A maintenance program

A nutrient management component consisting of a statement of whether a nutrient management plan is required under the Nutrient Management Act (3 P. S. § § 1701-1718) and, if required, confirmation that a plan is in place or will be in place prior to conveyance of the agricultural conservation easement. If a nutrient management plan is not required under the Nutrient Management Act, the nutrient management component shall consist of a description of the amounts and types of nutrients generated on the farmland tract and a description of any current and planned measures or procedures for containment, use, disposal or other disposition of the nutrients described.

Contiguous Acreage – All portions of one operational unit as described in the deed whether or not the portions are divided by streams, public roads, bridges, and whether or not described as multiple tax parcels, tracts, purports, or other property identifiers. The term includes supportive lands such as unpaved field access roads, drainage areas, border strips, hedgerows, submerged lands, marshes, ponds and streams. Contract of sale – A legally enforceable agreement in a form provided by the State Board obligating the landowner to sell, and for the Commonwealth or a County, or both, to purchase and agricultural conservation easement on a specific farmland tract. County Board – Bedford County Agricultural Land Preservation Board. County Planning Commission – A planning commission or agency which has been designated by the county governing body to establish and foster a comprehensive plan for land management and development within the county. Crops, livestock and livestock products – The term includes:

(i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.

(ii) Fruits, including apples, peaches, grapes, cherries, and berries.

(iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions, and mushrooms.

(iv) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees, and flowers.

(v) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs, and furs.

(vi) Timber, wood and other wood products derived from trees.

(vii) Aquatic plants, animals, and their by-products.

Easement Value – The difference between the nonagricultural value and the agricultural value of a farm. If solely the county or state appraisal is used, nonagricultural value and agricultural value are equal to market value and farmland value, respectively. A nonagricultural value and agricultural value shall be calculated if a landowner obtains an independent appraisal, according to § 14.1(f) (3 P. S. § 914.1(f)) of the act.

Farmland Tract – Land constituting all or part of a farm, with respect to which Easement purchase is proposed. A farmland tract may consist of multiple tracts of land that are identifiable by separate tax parcel numbers, separate deeds or other methods of property identification. Farmland Value – The price as of the valuation date for property used for normal fanning operations which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property.

Grazing or Pasture Land – Land, other than land enrolled in the USDA Conservation Reserve Program, used primarily for the growing of grasses and legumes which are consumed by livestock in the field, and at least 90% or which is clear of trees, shrubs, vines or other woody growth not consumed by livestock. Harvested Cropland – Land other than land enrolled in the USDA Conservation Reserve Program, used for the commercial production of field crops, fruit crops, vegetables, and horticultural specialties, such as Christmas trees, flowers, nursery stock, ornamentals, greenhouse products, and sod. The term does not include land devoted to production of timber and wood products. Landowner – The person holding legal title to a particular farmland tract. Mansion House – The primary residential structure located upon a parcel. Normal Farming Operation – The customary and generally accepted activities, practices, and procedures that farms adopt, use or engage in year after year in the production and preparation for market of crops, livestock, and livestock products, and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural, aquacultural crops, and commodities. The term includes the storage and utilization of agricultural and food processing wastes for animal feed and the disposal of manure, other agricultural waste, and food processing waste, on land where the materials will improve the condition of the soil or the growth of crops, or will aid in the restoration of the land for the same purposes. Parcel – A tract of land in its entirety which is assessed for tax purposes by one county, including any portion of the tract that may be located in a neighboring county. The county responsible for assessing and entire tract, on its own or in conjunction with the Commonwealth or a local government unit, or both, shall be eligible to purchase agricultural conservation easements covering the entire tract. Soils report – A report which sets forth the amount and description of each soil class found on a specific farm. State Board – The State Agricultural Land Preservation Board. Subdivision – The division or re-division of a lot, tract or parcel or land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, or lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development.

APPENDIX B

BEDFORD COUNTY PUBLIC SEWER AND WATER SYSTEMS

SEWER SYSTEMS WATER SYSTEMS

Bedford Borough Municipal Authority Bedford Borough Municipal Authority

Bedford Township Municipal Authority Bedford Township Municipal Authority

Borough of Everett Area Municipal Authority Borough of Everett Area Municipal Authority

Broad Top Waste Water Operations Centerville Area Municipal Authority

Chestnut Ridge Area Joint Municipal Authority Coaldale – Six Mile Run Water Corporation

East Providence Township Municipal Authority Defiance Water Association

East St. Clair Township Municipal Authority Fishertown Water Association

Hopewell Borough Office Hyndman Borough Office

Hopewell Township Office New Enterprise Water Association

Hyndman Borough Municipal Authority Osterburg Water Company

Londonderry Township Municipal Authority Rainsburg Borough

Manns Choice – Harrison Township Joint Municipal Authority

Salemville Water Association

Saxton Borough Water Authority Saxton Borough Municipal Authority

Schellsburg Municipal Authority Snake Spring Township Municipal Authority

Snake Spring Township Municipal Authority St. Clairsville Area Water Corporation

Southern Cove Joint Municipal Authority Waterside – Loysburg Water Company

South Woodbury Waste Water Facility West St. Clair Township – Pleasantville Borough Municipal Authority

West Providence Township Municipal Authority Wood – Broad Top – Wells Joint Municipal Authority

Wood – Broad Top – Wells Joint Municipal Authority Woodbury Borough Water Authority

APPENDIX C

APPENDIX D

APPENDIX E

BYLAWS OF THE

COUNTY AGRICULTURAL LAND PRESERVATION BOARD

BEDFORD COUNTY, PENNSYLVANIA NAME

The name of this organization shall be the Bedford County Agricultural Land Preservation Board, hereinafter referred to as the “Board.”

PURPOSE

Administer a program for purchasing and receiving gifts of agricultural conservation easements on behalf of the County. Adopt rules and regulations for the administration of a County program for the purchase of agricultural conservation easements within Agricultural Security Areas. The Board shall execute all agreements or other documents necessary to affect the purchase of such agricultural conservation easements in the name of the County and/or the Commonwealth of Pennsylvania. Encourage the use of additional farmland preservation techniques through public and private organizations in the County. Promote efforts to support the agricultural industry in this County. Perform such duties and responsibilities as may be authorized pursuant to the Agricultural Area Security Law.

AUTHORIZATION

The Board was authorized to administer the County Program by resolution of the County Governing body at a regularly scheduled meeting on December 19, 1995.

MEMBERSHIP

Board members shall be appointed by the County governing body. The Board shall be composed of seven (7) members, to be appointed from the following groups: 1. (One less than a majority) shall be active resident farmers in Bedford County, and shall serve an initial term of three years after authorization of this Board by the County governing body. 2. One shall be a current member of a borough or township governing body which is located in the County, and shall serve an initial term of two years after authorization of this Board by the County governing body.

3. One shall be a commercial, industrial or residential building contractor who resides in the County, and shall serve an initial term of one year after authorization of this Board by the County governing body. 4. Remaining members shall be appointed at the pleasure of the County governing body, and shall serve initial terms of one year after authorization of this Board by the County governing body.

Bedford County Agricultural Land Preservation Board

Member List: Revised January 1, 2019

Name Address Occupation Term Expires

Robert Detwiler Chair

1557 Salemville Road New Enterprise, PA 16664

Farmer January 2022

Wayne Koontz Vice-Chair

3221 Main Road Bedford, PA 15522

Farm Insurance January 2022

Frank Otto 164 Garland Road Breezewood, PA 15533

Builder/ Contractor

January 2020

Gary Cook 187 Angus Lane Hyndman, PA 15545

Farmer January 2022

Anthony Wagner IV 766 Diehl Road Bedford, PA 15522

Farmer January 2022

Rick Musselman 622 Lafayette Road New Enterprise, PA 16664

Township Supervisor

January 2021

Sarah Garcia 1723 Lutzville Road Everett, PA 15537

At Large January 2020

TERMS OF OFFICE Upon expiration of the initial terms of office as set forth under Membership, all terms of office

shall be three (3) years. REMOVAL FROM COUNTY BOARD Any Board member may be removed from the Board for malfeasance, misfeasance, or

nonfeasance in office or for other just cause by the majority vote of the County Governing Body, after the member shall have received fifteen (15) days advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

VACANCIES

Any appointment to fill any vacancy created by removal, resignation or otherwise shall be only for the term of the unexpired position.

ATTENDANCE BY BOARD MEMBERS

The Board members shall attend a minimum of sixty (60) percent of all meetings, whether regular or special. Any member who is unable to attend a meeting should notify the Chairman prior to the meeting.

OFFICERS The Board shall be directed by a Chairperson. Additional officers shall be Vice-Chairperson and

Secretary/Treasurer. ELECTION OF OFFICERS The Chairperson shall be appointed annually by the Chairperson of the County Governing Body.

Other officers shall be elected annually by members of the Board. DUTIES OF OFFICERS The Chairperson shall preside at all meetings of the Board, call special meetings, appoint

committee chairmen, and delegate other tasks and assignments as may be appropriate. The Vice-Chairperson shall preside at all meetings in the absence of the Chairperson. The Treasurer shall pay bills authorized by the Board, maintain a record of all funds designated

for easement purchase and for the administration of the County Program. REMOVAL OF OFFICERS The Chairperson can be removed from his office by the Chairperson of the County Governing

Body. Other officers can be removed from office at any time for just cause by a majority vote of all members of the Board.

MEETINGS Regular meetings shall be held at a time and location designated by the Chairperson of the

Board as needed to facilitate the business of the Board, and subject to change. Special meetings shall be held at the call of the Chairperson, or at the request of any member of the Board, and shall require written prior notice to the Chairperson of at least five (5) days.

CONDUCT OF MEETINGS All board meetings shall be open to the public in accordance with the Sunshine Act (Act July 3,

1986, P.L. 388, No. 84), and with the Right-To-Know Law (Act of June 21, 1957, P.L. 390, No. 212). Robert’s Rules of Order shall apply to all events not otherwise covered by the Bylaws.

QUORUM A majority of the total Board membership shall constitute a quorum for the conduct of

business. A quorum of members is required to vote on any motion before the Board. VOTING Each member of the Board shall be allowed to case one (1) vote. Board members must be present at meetings in order to vote. Motions shall be passed by a majority vote of members present at a meeting, except as

specified elsewhere in the Bylaws. COMMITTEES The Chairperson may appoint such committees as are desirable for accomplishing the purpose

of the Board. Committees may include persons other than Board members. AGRICULTURAL SECURITY AREA ADVISORY COMMITTEES The Board may consult with and seek the advice of Agricultural Security Area Advisory

Committees with respect to the prospective purchase of easements within their respective municipalities and with respect to such other matters as the Board deems appropriate.

STAFF The Board may use moneys that the County Governing Body may appropriate to hire staff and

administer Act 149 in the County. The Board may accept gifts or grants to administer the County program.

STAFF ASSISTANCE FROM OTHER AGENCIES The Board may receive assistance from the staffs of the County Planning Commission, County

Conservation District, County Cooperative Extension Service, other county departments, or from other sources as are available.

ADVISORY COMMITTEE The Board may form an advisory committee composed of the directors of local, county, state,

and federal agencies and private groups who have experience with the county’s agricultural industry and land use concerns. Members of this advisory committee shall not have voting privileges on the County Board.

FINANCES All monies received from State, County, or other sources shall be used for the purpose of

protecting viable agricultural land in the County. The Board shall operate within a budget as approved annually by the County Governing Body.

Board members shall not receive salary or payment of their services by the Board, but may be reimbursed for expenses incurred in the course of their service on the Board.

No member of the Board shall be liable for the debts of the Board. PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW All members and employees of the Board shall comply with the provisions of the Public Official

and Employee Ethics Law, 65, P.S. Sections 401-413. Before selling an easement, a person who is a member of the Board shall obtain an opinion

from the State Ethics Commission stating that such participation is in fact permitted under the provisions of the Public Official and Employee Ethics Law.

AMENDMENTS The Bylaws may be amended at a Board meeting by a majority vote of the entire membership

of the Board, subject to the approval of the County Governing Body, provided such amendments, along with a notice of the date of the meeting, shall have been circulated to all members of the Board and Governing Body at least five (5) days prior to the meeting.

ADOPTED AUGUST 15, 1996

APPENDIX F

SOIL MAPPING

UNIT

ACREAGE EACH

UNIT X

RELATIVE VALUE

EACH UNIT =

TOTAL OF SOILS

RELATIVE VALUE

TOTAL OF SOILS RELATIVE VALUES

TOTAL ACREAGE

OF FARM =

AVERAGE

RELATIVE VALUE

OF FARM X

WEIGHTED

FACTOR (0.46) =

BEDFORD COUNTY AGRICULTURAL LAND PRESERVATION PROGRAM

TOTAL OF SOILS RELATIVE

VALUES ÷LAND EVALUATION RATING

NUMERICAL FARMLAND RANKING SYSTEM

LAND EVALUATION - SOILS WORKSHEET

Score Score Score

Public Water Systems Size Of Farm

Public Sewer Systems

Road Frontage

Non-Ag Use Adjacent

Total Score Total Score Total Score

DEVELOPMENT

POTENTIAL

SCORE X

VARIABLE

WEIGHTED

VALUE (0.14) =

WEIGHTED

SCORE

FARMLAND

POTENTIAL

SCORE X

VARIABLE

WEIGHTED

VALUE (0.23) =

WEIGHTED

SCORE

CLUSTERING

POTENTIAL

SCORE X

VARIABLE

WEIGHTED

VALUE (0.17) =

WEIGHTED

SCORE



SITE ASSESSMENT WORKSHEET

Factor Factor Factor

DEVELOPMENT POTENTIAL

Proximity of Farm To A Tract Under

an Ag Easement

Historic, Scenic and Environmental

Qualities

Percent Of Tract That Is Used For

Crop Grazing or Pasture

FARMLAND POTENTIAL CLUSTERING POTENTIAL

Percent Of Tract Boundary Bordering

Ag Security Area

Percent of Tract Boundary Bordering

Ag Use

Percent of Tract In A Significant Ag

Area

FARM NAME

LAND EVALUATION

RATING (+ SCORE)

DEVELOPMENT

POTENTIAL (+ SCORE)

FARMLAND

POTENTIAL (+ SCORE)

CLUSTERING

POTENTIAL (+ SCORE)

SUM OF (C + D + E + F)

IS TOTAL SCORE PRIORITY RANKING

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15



WEIGHTED FACTOR SCORES/PRIORITY RANKING

APPENDIX G

BEDFORD COUNTY AGRICULTURAL EASEMENT PURCHASE PROGRAM

SUBDIVISION GUIDELINES

Construction of additional structures and subdivision:

I. Authority Authority for the provisions and requirements of this article are granted by the Agricultural Area Security Law (3 P.S. Section 901-915) as amended.

II. Definitions Unless otherwise and expressly state the following definitions apply to words, terms and phrases used in this article.

Act, The: The Agricultural Area Security Law (3 P.S. Section 901-915) as amended.

County Board: Bedford County Agricultural Land Preservation Board, its officers or others authorized to act on behalf of the Board.

District: Bedford County Conservation District

Eased: Protection against uses other than agriculture through the purchase of a conservation easement.

Economic Viability of Farmland for Agricultural Purposes:

The capability of a particular tract of restricted land, other than a tract of two acres of less upon which construction and use of the landowner’s principal residence, or for an immediate family member, or housing for seasonal or full-time farm employees is permitted pursuant to Section 14.1(c)(6)(iv) of the Act (3 P.S. Section 914.1 (c)(6)(iv), to meet all the criteria set forth at Section 138e.16(a)(2)(3)(4) and (5) (relating to minimum criteria for applications) of this chapter.

Harm the Economic Viability of the Farmland for Agricultural Production:

To cause a particular tract of restricted land to fail to meet the criteria set forth in Section 138e16(a) (2)(3)(4) and (5) (relating to minimum criteria for applications) of this chapter, or to create, through subdivision, a tract of restricted land, other than a tract of two (2) acres or less upon which construction and use of the landowner’s principal residence, or for an immediate family member or housing for seasonal or full-time employees is permitted through Section 914.1(c)(6)(iv) of the Act (3 P.S. Section 914.4 (c)(6)(iv), that would fail to meet the described criteria.

Land Development: Either one of the following activities (1) The improvement of one lot or two or more contiguous lots, tracts parcels of land for any purpose involving a group of two or more residential buildings, whether proposed initially or cumulatively, or (2) A subdivision of land.

Land which has been devoted primarily to agricultural land:

That acreage which is a part of restricted land and is harvested cropland, grazing or pasture land, land used for the production of timber and wood products, land containing non-residential structures used for agricultural production, or other acreage immediately available for agricultural production, and which excludes acreage upon which immediate agricultural production is impracticable due to residential structures and their curtilages, wetlands, soil quality, topography or other natural or man-made features, and which further excludes any tract of two acres or less designated as the site upon which the landowner’s principal residence, or for an immediate family member or housing for seasonal or full-time employees is permitted pursuant to Section 14.1(c)(6)(iv) of the Act (3 P.S. Section 914.1(c)(6)(iv)).

Parcel: All land defined by a single tax parcel number.

Pennsylvania Municipalities Planning Code:

The Act of December 21, 1988 (P.L. 1329, No. 17) (53 P.S. Sections 10101 – 11201).

State Board: The Pennsylvania State Agricultural Land Preservation Board.

Subdivision: The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes to existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development.

Utility: Any surface, subsurface or aerial transmission medium for electricity, oil, gas, water or sewage.

III. Construction of One Additional Residential Structure

GENERAL

In addition to structures existing on the eased land at the date of the granting of the easement, one additional residential structure may be constructed subject to the following conditions:

(a) The residential structure is constructed and used as the landowner’s principal residence, or for an immediate family member or for the purpose of providing necessary housing for seasonal or full-time farm employees.

(b) No other residential structure has been constructed on the eased land, under authority of Section 914.1(c)(6)(iv) of the Act (3 P.S. Section 914(c)(6)(iv) and this section, after the date of the granting of the easement.

(c) The additional residential structure and its curtilage occupy no more than two acres of eased land. (d) The location of the residential structure and its driveway will not harm the economic viability of the preserved farm for agricultural production.

(e) The location of the residential structure shall be sited in a manner that protects the prime, unique, and important soils to the greatest extent practicable.

(f) The right to the additional residential structure has not been relinquished and extinguished by the current or previous owner in accordance with subsection (c)(6)(iv) of the Act. Subsection (c)(6)(iv) states: “The owner of the land subject to the agricultural conservation easement may relinquish and extinguish the right of construction and use of structures conferred by this clause by recording, in the office of recorder of deeds in the county in which the land subject to the agricultural conservation easement is located, an affidavit evidencing the intent to relinquish and extinguish which includes a reference to the original deed of easement.”

REPLACEMENT OF STRUCTURES

The replacement of an additional residential structure constructed under authority of Section 14.1(c)(6)(iv) of the Act and this section is permitted.

RESERVATION OF RIGHT TO CONSTRUCT AFTER SUBDIVISION

If the eased land is subdivided prior to the construction of a residential structure under authority of Section 14.1(c)(6)(iv) of the Act and this section, the landowner shall do the following:

(a) Inform the County Board of the specific subdivided tract upon which the right to construct and use such a residential structure is reserved.

(b) Ensure that the deed to the subdivided tract upon which the right to construct and use such a residential structure is reserved clearly sets forth the reservation of this right.

(c) Ensure that all deeds to remaining subdivided tracts recite that no such residential

structure may be constructed on such remaining subdivided tracts.

IV. Subdivision of Restricted Land GENERAL

The following conditions shall apply to subdivisions of lands eased through the Bedford County Agricultural Land Preservation Program whether the easement be held solely by the State, solely by the County, or held jointly by the State and County.

(a) Discretion to Allow Subdivision - The Bedford County Program allows the subdivision of restricted land on a single tract of no more two acres in size:

(1) For the purpose of constructing a residence for the landowner, an immediate family member or an employee; or (2) For the purpose of subdividing a tract containing the existing residence of the landowner.

Subdivision as described in (a)(1) and (a)(2) is allowed by the Bedford County Program; however, only one of the options shall be permitted per eased farm. No other subdivision shall be permitted.

(b) Requisite: Preservation of economic viability for agricultural production. Subsection

(a) notwithstanding, a county program shall not permit a subdivision which would harm the economic viability of the farmland for agricultural production.

(c) Requisite: Prevention of conversion to non-agricultural use: exception. Section IV (a)

notwithstanding, a county program shall not permit a subdivision which would convert land which has been devoted primarily to agricultural use to another primary use except that, without regard to this requirement, the Bedford County program permits one tract of no more than two acres in size to be created by subdivision as described in Section IV (a).

(d) The prohibitions, restrictions and conditions of subdivision of eased land as set forth

in Subsection (d) of this section shall be recited verbatim in the deed for all subdivided and remaining parcels.

(e) All costs associated with subdivision shall be the responsibility of the landowner.

(f) Nothing in this section shall relieve the landowner of any municipal, county or state

regulations, procedures or requirements necessary for the subdivision of land.

(g) Notice to landowner - A County Board shall do at least one of the following:

(1) File its County Program, or that portion setting forth any prohibitions or restrictions with respect to subdivision of restricted land, at the Office of Recorder of Deeds for that County, and reference the place of filing of these prohibitions or restrictions in the deed of agricultural conservation easement.

(2) Recited the prohibitions or restrictions with respect to subdivision verbatim

in the deed of agricultural easement.

V. Change in Ownership

(1) A deed conveying an interesting the restricted land shall set forth language for the easement restriction verbatim.

(2) Within 30 days of a change in ownership of the restricted land, the prior owner shall notify the County Board and the Department of Agriculture of the name and address of the person to whom the subject land was conveyed or transferred, and the price per acre or portion thereof received by the landowner from said person, together with the volume an page in which the transfer has been recorded by the Bedford County Recorder of Deeds.

(3) Whenever interest in land subject to an agricultural easement is conveyed or transferred to another person, the deed conveying or transferring such interest shall recite in verbatim the language of the easement restrictions as set forth in the deed executed in connection with the purchase of the agricultural conservation easement.

APPENDIX H

BEDFORD COUNTY AGRICULTURAL LAND PRESERVATION PROGRAM AMENDMENT

In accordance with the regulations at 7 PA Code § 138e.43 (relating to revision of county programs), the county board, hereby, revises the County Agricultural Land Preservation Program in compliance with Act 14 of 2001, Act 138 of 1998, and Act 46 of 2006 amendments of the Agricultural Area Security Law, Act 43. The revisions to the county program are described below by section.

DEFINITIONS Agricultural Conservation Easement In the first sentence of the definition, the use of the term “the land” has been replaced by the words “a parcel.” Agricultural Production If more than 50% of processed or merchandised products are produced by the farm operator from the production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of such crops, livestock or livestock products. The term includes use of land which is devoted to and meets the requirements of and qualifications for payments and other compensation pursuant to a soil conservation program under an agreement with an agency of the Federal Government. Eligible Nonprofit Entity An entity that provides the State board or an eligible county satisfactory proof of all the following:

1. That the entity is ax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-154, 26 U.S.C. § 501(c)(3)).

2. That the entity has experience acquiring, whether through purchase donation or transfer, an

agricultural or other conservation easement. Local Government Units Any city, borough, township or town or any home rule municipality, optional plan municipality, option charter municipality or similar general purpose unit of government which may be created or authorized by statute. Parcel A tract of land in its entirety which is assessed for tax purposes by one county, including any portion of that tract that may be located in a neighboring county. The county responsible for assessing an entire tract, on its own or in conjunction with either the Commonwealth or a local government entity, or both, shall be eligible to purchase agricultural conservation easements covering the entire tract.

SPECIAL PROVISIONS FOR PARCELS NOT ENTIRELY WITHIN AN ASA Act 14 of 2001 and Act 46 of 2006 amended the Agricultural Security Law (Act 43) to prescribe certain conditions which would allow for the purpose of an agricultural conservation easement (ACE) on a parcel that is not entirely within an agricultural security area (ASA). The county board shall administer the program for the purchasing of agricultural conservation easements from landowners whose land is either within an ASA or in compliance with the criteria set forth below as it applies to the Act 14 and Act 46 amendments. The county board shall follow the Chapter 138e.43 Revision of the County Program procedures and approvals.

1. Consistent Standards The standards and procedures for the selection and purchase of an agricultural conservation easement set forth in this county program are applicable to the selection and purchase of easements crossing local government unit boundaries and county boundaries.

2. Parcels Crossing Local Government Unit Boundaries

The county board may recommend the purchase of an easement on a parcel a portion of which is not within an ASA area if all of the following occur:

(a) The agricultural conservation easement would be purchased by the county solely or jointly

with either the Commonwealth or a local government unit, or both. State-only easements are not included. Township-only easement purchases do not apply.

(b) The land is part of a parcel of farmland that is transected by the dividing line between two

local government units, with the portion within one local government unit being in an agricultural security area of 500 or more acres and the portion within the other local government unit not being within an ASA.

(c) The majority of the parcel’s viable agricultural land is located within an ASA of 500 or more

acres.

3. Parcels Crossing County Boundaries The county board may recommend the purchase of an agricultural conservation easement on a parcel a portion of which is not within an ASA if all of the following occur:

(a) The agricultural conservation easement would be purchased by the county solely or jointly

with either the Commonwealth or a local government unit, or both. State-only easements are not included. Township-only easements purchases do not apply.

(b) The land is part of a parcel of farmland that is transected by the dividing line between the

purchasing county and an adjoining county, with the portion within the purchasing county being in an ASA of 500 or more acres and the portion within the adjoining county’s local government unit not being within an agricultural security area.

(c) One of the following shall apply:

i. The main dwelling (mansion house) is located on the parcel, and the house is located

entirely in the purchasing county with the local government unit that has an ASA.

ii. The main dwelling (mansion house) is located on the parcel, on the dividing line between counties and the owner of the parcel has chosen the purchasing county with the local government unit that has an ASA as the house site for tax assessment purposes.

iii. There is no main dwelling (mansion house) on the parcel, and the majority of the

parcel’s viable agricultural land is located in the purchasing county with the local government unit that has an ASA.

4. Recording Responsibilities

Upon the purchase of an agricultural conservation easement as described above in items 2 and 3, the portion of the parcel that was not part of an ASA immediately becomes part of the ASA covering the rest of the parcel. The purchasing county will take all steps necessary to ensure the local government unit which created the ASA meets its responsibility, under §§ 14.1(b)(2)(i)(B)(II) and 14.1(b)(2)(i)(C)(III) of the Agricultural Area Security Law, for the recording, filing and notification described in § 8(d) and 8(g) of the Agricultural Area Security Law with respect to the land added to the ASA.

ENFORCEMENT The county board shall exercise primary enforcement authority with respect to the following:

1. Agricultural Conservation Easements within the county.

2. Agricultural Conservation Easements acquired pursuant to the criteria set forth for the purchase of

agricultural conservation easements that cross local government unit boundaries and cross county boundaries, including any portion of an agricultural conservation easement extended into an adjoining county.

LOCAL GOVERNMENT UNIT PARTICIPATION Any local government unit that has created an agricultural security area may participate along with an eligible county and the Commonwealth in the preservation of farmland through the purchase of agricultural easements.

1. The local government unit, in conjunction with a county board, may participate with the State board in the purchase of agricultural conservation easements.

2. The local government unit shall recommend to the county board the purchase of agricultural

conservation easements by the eligible county and the local government unit as joint ownership.

3. The local government unit shall recommend to the county board the purchase of agricultural conservation easements by the local government unit and the Commonwealth as joint ownership.

4. The local government unit may purchase an agricultural conservation easement, provided that all of the following apply:

i. The agricultural conservation easement is located within an agricultural security area of at least 500 acres or the easement purchased is a joint purchase with either a county or both a county and the Commonwealth pursuant to the criteria set forth for the purchase of agricultural conservation easements that cross local government unit boundaries and that cross county boundaries including any portion of an agricultural conservation easement extending into an adjoining county.

ii. The deed of agricultural conservation easement is at least as restrictive as the deed of

agricultural conservation easement prescribed by the State board for agricultural conservation easements purchased by the Commonwealth.

iii. The local government unit shall participate with the county board in complying with paragraph (5) for recording any agricultural conservation easement purchased by the local government unit.

5. The county board shall be responsible to record agricultural conservation easements where a local government unit is a party to the purchase of an easement. The easement shall be recorded by the county board in the office of recorder of deeds of the county wherein the agricultural conservation easements are located. The county board shall submit to the State board a certified copy of the agricultural conservation easements within 30 days after recording. The county board shall attach to all certified copies of the agricultural conservation easements submitted to the State board a description of the farmland subject to the agricultural conservation easements.

6. The local government unit may incur debt pursuant to 53 PA C.S. Pt. VII Subpt. B (related to indebtedness and borrowing) for the purchase of agricultural conservation easements.

ELIGIBLE NONPROFIT ENTITY PARTICIPATION An eligible nonprofit entity may participate along with an eligible county, the Commonwealth and a local government unit eligible to participate under “Local Government Unit Participation” described in the preceding Section, in the preservation of farmland through the purchase of agricultural conservation easements.

1. The eligible nonprofit entity may purchase an agricultural conservation easement if all of the following apply:

i. The agricultural conservation easement is a joint purchase with the county, and may include the Commonwealth or a local government unit, or both

ii. The deed of agricultural conservation easement is as prescribed by the State board for agricultural conservation easements purchased by the Commonwealth.

2. The county board shall be responsible to record agricultural conservation easements where an eligible

nonprofit entity is a party to the purchase of an easement. The easement shall be recorded by the county board in the office of the recorder of deeds of the county wherein the agricultural conservation easements are located. The county board shall submit to the State board a certified copy of agricultural conservation easements within 30 days after recording. The county board shall attach to all certified copies of the agricultural conservation easements submitted to the State board a description of the farmland subject to the agricultural conservation easements.

APPENDIX I

PERMITTED CUSTOMARY PART-TIME OR

OFF-SEASON MINOR OR RURAL ENTERPRISES

Pursuant to State Regulations, Subchapter I, Section 138e.241, the County Board intends that agricultural conservation easements shall not prevent “customary part-time or off-season minor or rural enterprises and activities. For purposes of definition, these are limited to the following: 1. Direct sale to the public of agricultural products produced principally on the farm, provided that at least 50% of the products are produced by the farm operator. 2. Any and all structures contributing to the production, primary processing, direct marketing and storage of agricultural products produced principally on the farm. 3. Structures associated with the production of energy for use principally on the farm including wind, solar, hydroelectric, methane, wood, alcohol fuel and fossil fuel systems and structures and facilities for the storage and treatment of animal wastes. 4. Structures and facilities associated with irrigation, farm pond improvements, and soil and water conservation practices including but not limited to Wetland Development or Restoration, Wildlife Wetland Habitat Management, Wildlife Upland Habitat Management and Riparian Forest Buffer Resource Management Systems used for erosion and sediment control and water quality improvement.* 5. The provision of services or production and sale, by persons in residence, of incidental agricultural goods, services, supplies and repairs and/or the conduct of traditional trades and the production and sale of home occupation goods, arts and crafts, so long as these uses remain incident to the agricultural and open space character of the farm and are limited to occupying residential and principally agricultural structures of the property; limited in site coverage to one-half of one percent of the area of the property. 6. The accommodation of tourists and visitors within principally family residential and/or agricultural structures otherwise permitted under the law so long as the accommodation of tourists and visitors is undertaken as a part-time or off-season minor or rural enterprise and is incidental to the agricultural and open space character of the property. 7. Other similar uses upon approval by the Bedford County Agricultural Land Preservation Board and the State Agricultural Land Preservation Board. * The State Agricultural Land Preservation Board approved and authorized on 7/13/00 the use of any conservation practice under CRP/CREP as not violating the deed of agricultural conservation easement with respect to the restricted land provided the conservation plan as revised allows for the implementation of any such conservation easement.

APPENDIX J

Listed on the following pages are tables of all the soil types in Bedford County. Each column of the tables is described below. Column 1 Every soil type has a symbol. For example, birdsboro soil is bm; this is the top-rated and most potentially productive soil. Column 2 Each soil type, due to its soil properties, is identified by a number. There are 7 classes of soils defined by the USDA, and I is the highest class. Column 3 This column shows the soil name (e.g., birdsboro). Land Evaluation There are seven agricultural groups numbered 1 through 7. Each group of soils is given a relative value score that applies to any soil in that group. The seven relative value scores range from 100 to 0. Group 1: Relative Value 100 Map Symbol Class Soil Name

BbB 2w Basher-Birdsboro complex, 0-8% slopes Bm 1 Birdsboro silt loam, rarely flooded HeB 2e Hagerstown silt loam, 3-8% slopes Hub 2e Hublersburg cherty silt loam, 3-8% slopes Ph 2w Philo silt loam Pp 2w Pope fine sandy loam

Group 2: Relative Value 77 Map Symbol Class Soil Name

AbB 2e Albrights silt loam, 3-8% slopes AeB 2e Allegheny loam, 3-8% slopes Ba 2w Basher silt loam BuB 2e Buchanan cobbly loam, 3-8% slopes CkB 2e Clarksburg silt loam, 3-8% slopes CoB 2e Cookport loam, 3-8% slopes EdB 2e Edom silty clay loam, 3-8% slopes ElB 2e Elliber very channery loam, 3-8% slopes ErB 2e Ernest silt loam, 0-8% slopes HwB 2e Hustontown silt loam, 3-8% slopes LdB 2e Laidig cobbly loam, 3-8% slopes LkB 2e Leck kill-Calvin complex, 3-8% slopes Lx 2w Lobdell loam McB 2e Meckesville gravelly loam, 3-8% slopes MoA 2w Monongahela silt loam, 0-3% slopes MoB 2e Monongahela silt loam, 3-8% slopes MrB 2e Morrison channery sandy loam, 3-8% slopes MuB 2e Murrill channery loam, 3-8% slopes

Nd 2w Nolin silt loam TaB 2e Tilsit silt loam, 3-8% slopes WsB 2e Westmoreland channery silt loam, 3-8% slopes


AeC 3e Allegheny loam, 8-15% slopes BcC 3e Bedington-Berks complex, 8-15% slopes ElC 3e Elliber very channery loam, 8-15% slopes HeC 3e Hagerstown silt loam, 8-15% slopes HgC 3e Hagerstown silty clay loam, 8-15% slopes HnB 3e Hagerstown silty clay loam, 3-8% slopes, very rocky LeC 3e Leck kill channery silt loam, 8-15% slopes LkC 3e Leck kill-Calvin complex, 8-15% slopes MhC 3e Mertz channery silt loam, 8-15% slopes MuC 3e Murrill channery loam, 8-15% slopes ReB 2e Rayne channery silt loam, 3-8% slopes RgC 3e Rayne-Gilpin channery silt loams, 8-15% slopes WsC 3e Westmoreland channery silt loam, 8-15% slopes


AbC 3e Albrights silt loam, 8-15% slopes Aw 3w Atkins silt loam Ax 3w Atkins-Ernest complex, 0-8% slopes BkB 2e Berks channery silt loam, 3-8% slopes BkC 3e Berks channery silt loam, 8-15% slopes BrB 3w Blairton channery silt loam, 3-8% slopes BuC 3e Buchanan cobbly loam, 8-15% slopes CaB 2e Calvin channery silt loam, 3-8% slopes CaC 3e Calvin channery silt loam, 8-15% slopes EdC 3e Edom silty clay loam, 8-15% slopes ErC 3e Ernest silt loam, 8-15% slopes GpB 7s Gilpin channery silt loam, 3-8% slopes, extremely stony Hy 3w Holly silt loam LdC 3e Laidig cobbly loam, 8-15% slopes McC 3e Meckesville gravelly loam, 8-15% slopes MrC 3e Morrison channery sandy loam, 8-15% slopes PeB 3w Penlaw silt loam, 0-8% slopes TgA 3w Tyler silt loam, 0-3% slopes TgB 3e Tyler silt loam, 3-8% slopes


ArB 4w Andover cobbly loam, 3-8% slopes ArC 4w Andover cobbly loam, 8-15% slopes BtA 4w Brinkerton silt loam, 0-3% slopes BtB 4w Brinkerton silt loam, 3-8% slopes BtC 4w Brinkerton silt loam, 8-15% slopes EdD 4e Edom silty clay loam, 15-25% slopes ElD 4e Elliber very channery loam, 15-25% slopes

HgD 4e Hagerstown silty clay loam, 15-25% slopes HnC 4e Hagerstown silty clay loam, 8-15% slopes, very rocky HnD 4e Hagerstown silty clay loam, 15-25% slopes, very rocky LdD 4e Laidig cobbly loam, 15-25% slopes MrD 4e Morrison channery sandy loam, 15-25% slopes MuD 4e Murrill channery loam, 15-25% slopes NoA 4w Nolo loam, 0-3% slopes NoB 4w Nolo loam, 3-8% slopes OpB 4s Opequon-Hagerstown complex, 3-8% slopes, very rocky OpC 4s Opequon-Hagerstown complex, 8-15% slopes, very rocky Ps 4w Purdy silty clay loam, 0-3% slopes RgD 4e Rayne-Gilpin channery silt loams, 15-25% slopes


BkD 4e Berks channery silt loam, 15-25% slopes BrC 4e Blairton channery silt loam, 8-15% slopes BrD 6e Blairton channery silt loam, 15-25% slopes CaD 4e Calvin channery silt loam, 15-25% slopes GpD 7s Gilpin channery silt loam, 8-25% slopes, extremely stony KlC 4e Klinesville channery silt loam, 8-15% slopes KlD 6e Klinesville channery silt loam, 15-25% slopes LkD 4e Leck kill-Calvin complex, 15-25% slopes OpD 4s Opequon-Hagerstown complex. 15-25% slopes, very rocky WkC 4e Weikert channery silt loam, 8-15% slopes WkD 6e Weikert channery silt loam, 15-25% slopes WwD 4e Westmoreland-Klinesville complex, 15-25% slopes WxB 6s Wharton channery silt loam, 3-8% slopes, very stony WxC 6s Wharton channery silt loam, 8-15% slopes, very stony


AvB 7s Andover cobbly sandy loam, 0-8% slopes, very stony AvC 7s Andover cobbly sandy loam, 8-15% slopes, very stony BcD 6s Bedington-Berks complex, 15-25% slopes BdC 6s Bedington-Berks complex, 8-15% slopes, very stony BdD 6s Bedington-Berks complex, 15-25% slopes, very stony BdE 4e Bedington-Berks complex, 25-35% slopes, very stony BkE 6e Berks channery silt loam, 25-35% slopes BwB 6s Buchanan cobbly loam, 3-8% slopes, extremely stony BwC 6s Buchanan cobbly loam, 8-15% slopes, extremely stony BwD 6s Buchanan cobbly loam, 15-25% slopes, extremely stony CeC 6s Cedarcreek extremely channery loam, 3-25% slopes, very stony CeF 7s Cedarcreek extremely channery loam, 25-80% slopes, very stony CpB 6s Cookport very stony loam, 3-8% slopes CpD 7s Cookport channery loam, 8-25% slopes, extremely stony CrF 7s Cedarcreek extremely channery loam, 25-80% slopes DAM 8 Dams DkC 7s Dystrocrepts-Rock outcrop complex, 3-15% slopes DkE 7s Dystrocrepts-Rock outcrop complex, 15-35% slopes DkF 7s Dystrocrepts-Rock outcrop complex, 35-70% slopes ElE 7e Elliber very channery loam, 25-45% slopes

HTB 6s Hazleton very stony sandy loam, 3-8% slopes HTC 7s Hazleton-Clymer association, 8-25% slopes, extremely stony HTE 7s Hazleton-Clymer association, 25-45% slopes, extremely stony KmE 7e Klinesville and Calvin soils, 25-50% slopes KoF 7s Klinesville-Rock outcrop complex, 35-80% slopes LgC 7s Laidig cobbly loam, 8-15% slopes, extremely stony LgD 7s Laidig cobbly loam, 15-25% slopes, extremely stony LgE 7s Laidig cobbly loam, 25-35% slopes, extremely stony MdC 6s Meckesville gravelly loam, 8-15% slopes, very stony MdD 6s Meckesville gravelly loam, 15-25% slopes, very stony MdE 7s Meckesville gravelly loam, 25-35% slopes, very stony MsB 6s Morrison channery sandy loam, 3-8% slopes, very stony MsC 6s Morrison channery sandy loam, 8-15% slopes, very stony MsD 6s Morrison channery sandy loam, 15-25% slopes, very stony MtB 6s Morrison-Murrill complex, 3-8% slopes, very stony MtC 6s Morrison-Murrill complex, 8-15% slopes, very stony MtD 6s Morrison-Murrill complex, 15-25% slopes, very stony NsB 6s Nolo very stony loam, 0-8% slopes OpE 7e Opequon-Hagerstown complex, 25-45% slopes, very rocky Pm Pits and Quarries ReD 4e Rayne channery silt loam, 15-25% slopes RgF 6e Rayne-Gilpin channery silt loams, 25-65% slopes RpB 6s Rayne-Gilpin very stony silt loams, 3-8% slopes RpD 7s Rayne-Gilpin very stony silt loams, 8-15% slopes Ue 7e Udorthents, loamy UgF 7s Ungers-Lehew complex, 35-60% slopes, very stony VdF 7s Vanderlip-Rock outcrop complex, 35-60% slopes W Water WkE 7e Weikert channery silt loam, 25-35% slopes WkF 7e Weikert channery silt loam, 35-65% slopes WlF 7s Weikert very flaggy silt loam, 25-60% slopes WsE 6e Westmoreland channery silt loam, 25-35% slopes

APPENDIX K

1

(Revised 07/10/13)

UNOFFICIAL COPY:

AGRICULTURAL AREA SECURITY LAW –

Agricultural Conservation Easement Purchase

Program Regulations

The following is an unofficial copy of the Agricultural Conservation Easement Purchase

Program regulations promulgated under authority of the Agricultural Area Security Law

(Act of June 30. 1981, P.L. 128, No. 43)(3 P.S. §§ 901-915) at 7 Pa. Code Chapter 138e.

The document reflects all revisions to these regulations through the amendment of May 1,

2004 (published at 34 Pennsylvania Bulletin 2421).

The document is "unofficial" because it has been retyped. Any discrepancies between

this document and the official regulation shall be resolved in favor of the official

regulation.

This document was revised July 10, 2013, to reflect Act 19 of 2013, which took effect

June 24, 2013 and which: (1) added subparagraph 14.1(b)(2)(xvii) to the Agricultural

Area Security Law (at 3 P.S. § 914.1(b)(2)(xvii)) to require ACE inspections at 2-year

intervals; and (2) abrogated the regulation at 7 Pa. Code §§ 138e.202(a), (b), (c) and (e)

and 138e.203(1).

Section numbers refer to the corresponding section in Title 7 of the Pennsylvania Code.

For example: "Section 138e.3" refers to 7 Pa. Code § 138e.3.

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CHAPTER 138e AGRICULTURAL

CONSERVATION EASEMENT

PURCHASE PROGRAM

GENERAL

Sec.

138e.1. Purpose.

138e.2. Eligibility.

138e.3. Definitions.

REQUIREMENTS FOR CERTIFICATION

OF COUNTY PROGRAM

138e.11. General requirements.

138e.12. Authorization of program by county governing body.

138e.13. County board; membership; occupations.

138e.14. County statement of purpose.

138e.15. Farmland ranking system.

138e.16. Minimum criteria for applications.

138e.17. Planning and development map.

138e.18. Schedule for submission of applications.

138e.19. Purchasing procedures.

138e.20. Public information.

138e.21. Inspection and enforcement of an easement.

STATE BOARD REVIEW OF COUNTY PROGRAM

138e.41. Application for review of county program.

138e.42. Review, certification and approval of a county program.

138e.43. Revision of county program.

138e.44. Periodic recertification of county programs.

PROCEDURE FOR PURCHASING AN EASEMENT

138e.61. Application.

138e.62. Evaluation of application.

138e.63. Order of appraisal.

138e.64. Appraisal.

138e.65. Easement value and purchase price.

138e.66. Offer of purchase by county board.

138e.67. Requirements of the agricultural conservation easement deed.

138e.68. Title insurance.

138e.69. Statement of costs.

138e.70. Summary report.

138e.71. Notification of owners of land adjoining proposed easement purchase.

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138e.72. Transactions affecting ownership of easement.

138e.73 Survey requirements.

STATE BOARD REVIEW OF A PURCHASE

RECOMMENDATION

138e.91. Recommendation for purchase.

138e.92. Review and decision.

138e.93. Postsettlement recording and reporting procedures.

ALLOCATION OF FUNDS

138e.101. Annual easement purchase threshold.

138e.102. Allocation of funds to counties.

138e.103. Expenditure of matching funds.

138e.104. Installment sales.

PROCEDURE FOR INSPECTING AND ENFORCING

AN EASEMENT

138e.201. Responsibility.

138e.202. Inspections.

138e.203. Annual report.

138e.204. Enforcement.

138e.205. Notification to owner.

138e.206. Enforcement actions.

138e.207. County board’s duties with respect to change of ownership.

RESPONSIBILITY OF OWNER

138e.221. Permitted acts.

138e.222. Conservation plan.

138e.223. Construction of buildings; changes in use.

138e.224. Construction of one additional residential structure.

138e.225. Subdivision of restricted land.

138e.226. Procedure for review of request to subdivide restricted land.

138e.227. Landowner’s duties with respect to change of ownership.

DEED OF AGRICULTURAL CONSERVATION

EASEMENT

138e.241. Deed clauses.

LAND TRUST REIMBURSEMENT GRANT PROGRAM

138e.251. Program in general.

138e.252. Eligibility of a land trust to register for reimbursement grants.

138e.253. Registration of eligible land trust.

138e.254. Applying for a reimbursement grant.

138e.255. State Board review of applications.

138e.256. Decision of the State Board.


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GENERAL

§ 138e.1. Purpose.

(a) It is the policy of the Commonwealth to conserve and protect agricultural

lands. A sound, Statewide farmland preservation program will assure that farmers

in this Commonwealth have sufficient agricultural lands to provide farm products

for the people of this Commonwealth and the Nation.

(b) Agricultural conservation easements restrict and limit the conversion of

farmland to nonagricultural use. Easements may be purchased when they are

offered voluntarily by the landowner and shall be purchased only in perpetuity.

§ 138e.2. Eligibility.

Only a county board that has a county program is eligible to submit recommendations for

the purchase of easements to the State Board.

§ 138e.3. Definitions.

The following words and terms, when used in this chapter, have the following

meanings, unless the context clearly indicates otherwise:

Act—The Agricultural Area Security Law (3 P. S. § § 901—915).

Agreement or agreement of sale—A document executed by a landowner and the

county board to purchase a specific agricultural conservation easement as part of

the county board’s recommendation for purchase, and that includes all of the

materials referenced and incorporated into the agreement, in accordance with

section 14.1(h)(8.2) of the act (3 P. S. § 914.1(h)(8.2)).

Agricultural conservation easement or easement—An interest in land, less than

fee simple, which interest represents the right to prevent the development or

improvement of a parcel for a purpose other than agricultural production. The

easement may be granted by the owner of the fee simple to a third party or to the

Commonwealth, to a county governing body or to a unit of local government. It

shall be granted in perpetuity, as the equivalent of covenants running with the

land. The exercise or failure to exercise any right granted by the easement will not

be deemed to be management or control of activities at the site for purposes of

enforcement of the Hazardous Sites Cleanup Act (35 P. S. § § 6020.101—

6020.1305).

Agricultural production—The production for commercial purposes of crops,

livestock and livestock products, including the processing or retail marketing of

the crops, livestock or livestock products if more than 50% of the processed or

merchandised products are produced by the farm operator. The term includes use

of land which is devoted to and meets the requirements of and qualifications for

payments or other compensation under a soil conservation program under an

agreement with an agency of the Federal government.

Agricultural security area—A unit of 250 or more acres of land used for the

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agricultural production of crops, livestock and livestock products under the

ownership of one or more persons and designated as such by the procedures in the

act or designated as such under the act of January 19, 1968 (1967 P. L. 992, No.

442) (32 P. S. § § 5001—5012) prior to the February 12, 1989 effective date of

the act of December 14, 1988 (P. L. 1202, No. 149), by the governing body of the

county or governing body of the municipality in which the agricultural land is

located on the basis of criteria and procedures which predate February 12, 1989:

provided that an owner of land designated as such under the authority of the act of

January 19, 1968 (1967 P. L. 1992, No. 442) may withdraw the land from an

agricultural security area by providing written notice of withdrawal to the county

governing body or governing body of the municipality in which the land is

located within 180 days of February 12, 1989.

Agricultural value—The sum of the following:

(i) The farmland value determined by the applicant’s appraisal.

(ii) One-half of the difference between the farmland value determined by the

State or county board’s appraiser and the farmland value determined by the

applicant’s appraiser if the farmland value determined by the State or county

board’s appraiser exceeds the farmland value determined by the applicant’s

appraiser.

Allocation—The State Board’s designation of funds to eligible counties under

section 14.1 of the act. An allocation is an accounting procedure only and does

not involve certifying, reserving, encumbering, transferring or paying funds to

eligible counties.

Annual easement purchase threshold—An amount annually determined by the

State Board which equals at least $10 million to be allocated among eligible

counties.

Applicant—A person offering to convey an easement on a farmland tract.

Appropriation—The irrevocable commitment of a specific amount of money by

the county governing body exclusively for the purchase of easements.

Comparable sales—Market sales of similar land. In locating comparable sales,

first priority will be given to farms within the same municipality as the subject

land. The second priority will be farms located within other municipalities in the

same county as the subject land. The lowest priority will be given to farms located

outside the same county as the subject land.

Conservation plan—A plan describing land management practices which, when

completely implemented, will improve and maintain the soil, water and related

plant and animal resources of the land. A conservation plan shall include the

following:

(i) An installation schedule.

(ii) A maintenance program.

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(iii) A nutrient management component consisting of a statement of whether

a nutrient management plan is required under the Nutrient Management Act (3 P.

S. §§ 1701—1718) and, if required, confirmation that a plan is in place or will be

in place prior to conveyance of the agricultural conservation easement. If a

nutrient management plan is not required under the Nutrient Management Act, the

nutrient management component shall consist of a description of the amounts and

types of nutrients generated on the farmland tract and a description of any current

and planned measures or procedures for containment, use, disposal or other

disposition of the nutrients described.

Contiguous acreage—All portions of one operational unit as described in the

deed whether or not the portions are divided by streams, public roads, bridges,

and whether or not described as multiple tax parcels, tracts, purparts, or other

property identifiers. The term includes supportive lands such as unpaved field

access roads, drainage areas, border strips, hedgerows, submerged lands, marshes,

ponds and streams. 1

Contract of sale—A legally enforceable agreement in a form provided by the

State Board obligating the landowner to sell, and the Commonwealth or a county,

or both, to purchase an agricultural conservation easement on a specified farmland

tract.

County board—The county agricultural land preservation board as appointed by

the county governing body under the act.

County fiscal year—The period from January 1 through December 31 of a

particular calendar year.

County governing body—The county board of commissioners or, under home

rule charters, another designated council of representatives.

County matching funds—Money appropriated by the county governing body for

the purchase of easements.

County planning commission—A planning commission or agency which has

been designated by the county governing body to establish and foster a

comprehensive plan for land management and development within the county.

County program—A county agricultural land preservation program for the

purchase of easements authorized and approved by the county governing body,

and approved by the State Board under section 14.1(a)(3)(xi) and (xiv) of the act.

Crops, livestock and livestock products—The term includes:

1 Act 44 of 2011 amended the Agricultural Area Security Law, defined the term “contiguous acreage” in

that law, and declared that this regulatory definition is abrogated. Act 44 of 2011 took effect July 17, 2011.

The new statutory definition is as follows:

“Contiguous acreage.” All portions of one operational unit as described in the deed, whether or

not the portions are divided by streams, public roads, bridges or railroads (NOTE: new phrase)

and whether or not described as multiple tax parcels, tracts, purparts or other property identifiers.

The term includes supportive lands, such as unpaved field access roads, drainage areas, border

strips, hedgerows, submerged lands, marshes, ponds and streams.

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(i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry

beans.

(ii) Fruits, including apples, peaches, grapes, cherries and berries.

(iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets,

onions and mushrooms.

(iv) Horticultural specialties, including nursery stock ornamental shrubs,

ornamental trees and flowers.

(v) Livestock and livestock products, including cattle, sheep, hogs, goats,

horses, poultry, furbearing animals, milk, eggs and furs.

(vi) Timber, wood and other wood products derived from trees.

(vii) Aquatic plants and animals and their by-products.

Crops unique to the area—The term includes crops which historically have

been grown or have been grown within the last 5 years in the region, and which

are used for agricultural production in the region. For example, orchard or

vineyard crops that have historically been produced in a particular county might

be considered crops unique to the area.

Curtilage—The area surrounding a residential structure used for a yard,

driveway, onlot sewerage system or other nonagricultural purposes.

Department—The Department of Agriculture of the Commonwealth.

Easement value—The difference between the nonagricultural value and

agricultural value of a farm. If solely the county or State appraisal is used,

nonagricultural value and agricultural value are equal to market value and

farmland value, respectively. If the landowner obtains an independent appraisal,

nonagricultural value and agricultural value shall be calculated according to

section 14.1(f) of the act.

Economic viability of farmland for agricultural production—The capability of a

particular tract of restricted land, other than a tract of 2 acres or less upon which

construction and use of the landowner’s principal residence or housing for

seasonal or full-time farm employes is permitted under section 14.1(c)(6)(iv) of

the act, to meet the criteria in § 138e.16(a) (relating to minimum criteria for

applications).

Eligible counties—Counties whose county programs have been approved by the

State Board. For the purpose of annual allocations, an eligible county shall have

its county program approved by the State Board by January 1 of the year in which

the annual allocation is made. Counties of the first class are not eligible under any

circumstances.

Encumber—The reservation by the Commonwealth or a county of previously-

allocated funds to pay all or part of the costs of purchasing a specific easement

under a specific agreement of sale.

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Farm—Land in this Commonwealth which is being used for agricultural

production as defined in the act.

Farmland tract or tract—Land constituting all or part of a farm with respect to

which easement purchase is proposed. A farmland tract may consist of multiple

tracts of land that are identifiable by separate tax parcel numbers, separate deeds

or other methods of property identification.

Farmland value—The price as of the valuation date for property used for

normal farming operations which a willing and informed seller who is not

obligated to sell would accept for the property, and which a willing and informed

buyer who is not obligated to buy would pay for the property.

Fund—The Agricultural Conservation Easement Purchase Fund established by

section 7.2 of the act of June 15, 1982 (P. L. 549, No. 159) (3 P. S. § 1207.2).

Grant funds—Funds allocated to a county by the State Board under section

14.1(h)(2) and (5)(ii) of the act, the expenditure of which is not contingent upon

the appropriation and expenditure of county matching funds.

Grantee—The person or entity to whom an easement is conveyed under the act.

Grazing or pasture land—Land, other than land enrolled in the USDA

Conservation Reserve Program, used primarily for the growing of grasses and

legumes which are consumed by livestock in the field and at least 90% of which

is clear of trees, shrubs, vines or other woody growth not consumed by livestock.

Harm the economic viability of the farmland for agricultural production—To

cause a particular tract of restricted land to fail to meet the criteria in

§ 138e.16(a) or to create, through subdivision, a tract of restricted land, other

than a tract of 2 acres or less upon which construction and use of the landowner’s

principal residence or housing for seasonal or full-time farm employees is

permitted under section 14.1(c)(6)(iv) of the act, that would fail to meet the

criteria in § 138e.16(a).

Harvested cropland—Land, other than land enrolled in the USDA Conservation

Reserve Program, used for the commercial production of field crops, fruit crops,

vegetables and horticultural specialties, such as Christmas trees, flowers, nursery

stock, ornamentals, greenhouse products and sod. The term does not include land

devoted to production of timber and wood products.

Immediate family member—A brother, sister, son, daughter, stepson,

stepdaughter, grandson, granddaughter, father or mother of the landowner.

LCC—Land Capability Class—A group of soils designated by either the county

soil survey, as published by USDA-NRCS in cooperation with the Pennsylvania

State University and the Department, or the Soil and Water Conservation

Technical Guide maintained and updated by USDA-NRCS.

Land development—One of the following activities:

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(i) The improvement of one lot or two or more contiguous lots, tracts or

parcels of land for any purpose involving a group of two or more residential

buildings, whether proposed initially or cumulatively.

(ii) A subdivision of land.

Land which has been devoted primarily to agricultural use—Acreage which is a

part of restricted land and is harvested cropland, grazing or pasture land, land

used for the production of timber and wood products, land containing

nonresidential structures used for agricultural production, or other acreage

immediately available for agricultural production, and which excludes any

acreage upon which immediate agricultural production is impracticable due to

residential structures and their curtilages, wetlands, soil quality, topography or

other natural or manmade features, and which further excludes any tract of 2 acres

or less designated as the site upon which the landowner’s principal residence or

housing for seasonal or full-time employees is permitted under section

14.1(c)(6)(iv) of the act.

Landowner—The person holding legal title to a particular farmland tract.

Local government unit—Any city, borough, township or town or any home rule

municipality, optional plan municipality, optional charter municipality or similar

general purpose unit of government which may be created or authorized by

statute.

Mansion house—The primary residential structure located upon a parcel.

Market value—The price as of the valuation date for the highest and best use of

the property which a willing and informed seller who is not obligated to sell

would accept for the property, and which a willing and informed buyer who is not

obligated to buy would pay for the property.

Nonagricultural value—The sum of the following:

(i) The market value determined by the State or county board’s appraiser.

(ii) One-half of the difference between the market value determined by the

applicant’s appraiser and the market value determined by the State or county

board’s appraiser, if the market value determined by the applicant’s appraiser

exceeds the market value determined by the State or county board’s appraiser.

Nonprofit land conservation organization—A nonprofit organization dedicated

to land conservation purposes recognized by the Internal Revenue Service as a

tax-exempt organization under the Internal Revenue Code (26 U.S.C.A. § § 1—

7872).

Normal farming operations—The customary and generally accepted activities,

practices and procedures that farmers adopt, use or engage in year after year in the

production and preparation for market of crops, livestock and livestock products

and in the production and harvesting of agricultural, agronomic, horticultural,

silvicultural, and aquacultural crops and commodities. The term includes the

storage and utilization of agricultural and food processing wastes for animal feed

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and the disposal of manure, other agricultural waste and food processing waste on

land where the materials will improve the condition of the soil or the growth of

crops or will aid in the restoration of the land for the same purposes.

Nutrient management plan—A written site-specific plan which incorporates

best management practices to manage the use of plant nutrients for crop

production and water quality protection consistent with the Nutrient Management

Act (3 P. S. § § 1701—1718).

Parcel—A tract of land in its entirety which is assessed for tax purposes by one

county, including any portion of that tract that may be located in a neighboring

county. The county responsible for assessing an entire tract, on its own or in

conjunction with the Commonwealth or a local government unit, or both, shall be

eligible to purchase agricultural conservation easements covering the entire tract.

Pennsylvania Municipalities Planning Code—53 P. S. § § 10101—11201.

Person—A corporation, partnership, business trust, other association,

government entity (other than the Commonwealth), estate, trust, foundation or

natural person.

Restricted land—Land which is subject to the terms of an agricultural

conservation easement acquired under the act.

Secretary—The Secretary of the Department.

Soils available for agricultural production—Soils on land that is harvested

cropland, pasture or grazing land, or land upon which no structure, easement,

roadway, curtilage or natural or manmade feature would impede the use of that

soil for agricultural production.

Soils report—A report which identifies and sets forth the amount of each land

capability class found on a farm land tract.

State Board—The State Agricultural Land Preservation Board.

State-certified general real estate appraiser—A person who holds a current

general appraiser’s certificate issued under the Real Estate Appraisers

Certification Act (63 P. S. § § 457.1—457.19).

State matching funds—Funds allocated to a county by the State Board under

section 14.1(h)(3), (4) or (5)(i) of the act, the expenditure of which is contingent

upon the appropriation and expenditure of county matching funds.

Subdivision—The division or redivision of a lot, tract or parcel of land by any

means into two or more lots, tracts, parcels or other divisions of land including

changes in existing lot lines for the purpose, whether immediate or future, of

lease, partition by the court for distribution to heirs or devisees, transfer of

ownership or building or lot development.

Title report—A report prepared by a person authorized by the Insurance

Department to engage in the sale of title insurance or an attorney setting forth the

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existence of any liens, restrictions or other encumbrances on a farmland tract. The

term does not include the title search, but does include the title binder or the title

commitment, or both.

USDA—The United States Department of Agriculture.

USDA-NRCS—The Natural Resources Conservation Service of the USDA. This

entity was formerly known as the Soil Conservation Service.

REQUIREMENTS FOR CERTIFICATION OF

COUNTY PROGRAM

§ 138e.11. General requirements.

(a) A county program shall demonstrate that the county has fair, equitable,

objective, nondiscriminatory procedures for determining easement purchase

priorities.

(b) A county program shall contain written policies and procedures for

determining easement purchase priorities and written procedures for purchasing

easements. For example, a county program that would allow a farmland tract with

a higher farmland ranking score (as described in § 138e.15 (relating to farmland

ranking system)) to be bypassed in favor of making an offer to purchase an

easement on a farmland tract with a relatively lower farmland ranking score shall

set forth the priorities and procedures under which this determination is made.

(c) A county program shall address and meet the standards, criteria and

requirements in § § 138e.12—138e.21. A county program may propose

additional standards, criteria and requirements for approval by the State Board.

Additional provisions shall be designed to assure that selection of land for

easement purchase is consistent with the purposes of the act.

(d) A county program shall contain provisions for the participation of local

government units in the preservation of farmland through the purchase of

agricultural conservation easements. These provisions shall address the following:

(1) Local government unit recommendations for joint county-local government

unit purchases.

(2) Local government unit recommendations for joint Commonwealth-local

government unit purchases.

(3) Local government unit recommendations for joint Commonwealth-county-

local government unit purchases.

(4) Local government unit agricultural conservation easement purchases

authorized under section 14.1(b.1)(4) of the act (3 P. S. § 914.1(b.1)(4)).

§ 138e.12. Authorization of program by county governing body.

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The county governing body shall submit to the State Board a certified copy of the

resolution or other official action authorizing administration of the county

program by the county board.

§ 138e.13. County board; membership; occupations.

(a) The county governing body shall submit to the State Board a list of the

members of the county board which shall contain the following information

concerning the composition of the county board:

(1) The name of each member.

(2) The address of each member.

(3) The occupation of each member.

(4) The length of the term of each member.

(5) The name of the chairperson.

(b) A county board shall be comprised of five, seven or nine members. Annually,

the chairperson of the county governing body shall designate one member of the

county board to act as chairperson of the county board. Members of the county

board shall be appointed by the county governing body as follows:

(1) One less than the majority shall be active resident farmers of the county and

shall serve initial terms of 3 years.

(2) One member shall be a current member of the governing body of a

township or borough located within the county and shall serve an initial 2-year

term.

(3) One member shall be a commercial, industrial or residential building

contractor and shall serve an initial 1-year term.

(4) The remaining members shall be selected at the discretion of the county

governing body and shall serve initial terms of 1 year.

(c) Upon expiration of the initial terms in subsection (b), the term of members

shall be 3 years.

(d) Members of a county board shall comply with the act of October 4, 1978 (P.

L. 883. No. 170) (65 P. S. § § 401—413), known as the Public Official and

Employee Ethics Law.

§ 138e.14. County statement of purpose.

The county program shall contain a statement which defines the purpose of the

easement purchase program. It shall state the objectives of the program and

include the following as the county program’s purposes:

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(1) To protect viable agricultural lands by acquiring agricultural conservation

easements which prevent the development or improvement of the land for any

purpose other than agricultural production.

(2) To encourage landowners to make a long-term commitment to agriculture

by offering them financial incentives and security of land use.

(3) To protect normal farming operations in agricultural security areas from

incompatible nonfarmland uses that may render farming impracticable.

(4) To protect normal farming operations from complaints of public nuisance

against normal farming operations.

(5) To assure conservation of viable agricultural lands to protect the

agricultural economy of this Commonwealth.

(6) To provide compensation to landowners in exchange for their

relinquishment of the right to develop their private property.

(7) To maximize agricultural conservation easement purchase funds and protect

the investment of taxpayers in agricultural conservation easements.

§ 138e.15. Farmland ranking system.

(a) System required. The county board shall adopt a farmland ranking system

meeting the requirements of this section for use in prioritizing applications for the

appraisal of properties meeting the minimum criteria in § 138e.16 (relating to

minimum criteria for applications). This farmland ranking system may include

additional or substitute criteria as approved by the State Board.

(b) Review and approval of system. The county board shall set forth its farmland

ranking system in its county program and submit the county program to the State

Board for review and approval in accordance with the act.

(c) Land Evaluation and Site Assessment (LESA) system. The farmland ranking

system shall evaluate tracts being considered for appraisal on a 100-point scale,

using the two-part LESA system described in this section. The weighted Land

Evaluation (LE) score shall be calculated in accordance with subsection (d). The

weighted Site Assessment (SA) score shall be calculated in accordance with

subsection (e). The total of the weighted LE and weighted SA scores equals the

farmland ranking score. The county board shall establish in the county program

the weighted values to be given the LE score and the SA score, as well as the

weighted values to be given the three general categories—development potential

(DP), farmland potential (FP) and clustering potential (CP)—of factors to be

considered in calculating the SA score. The weighted values set forth in the

county program shall total 100%, and shall be within the following ranges:

Minimum Maximum

Weighted Weighted

Value Value

Land Evaluation (LE)… 40% 70%

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Site Assessment (SA)

Developmental Potential… 10% 40%

Site Assessment

Farmland Potential… 10% 40%

Site Assessment

Clustering Potential… 10% 40%

A flow chart summarizing the farmland ranking system is set forth at Appendix

A.

(d) Land Evaluation (LE).

(1) Source of soils data. A farmland ranking system shall designate either or

both of the following as the source of the soils data used in LE:

(i) The county soil survey, as published by the USDA-NRCS in cooperation

with the Pennsylvania State University and the Department.

(ii) The Soil and Water Conservation Technical Guide published and updated

by the USDA-NRCS.

(2) Relative value of soil. The county program shall set forth a relative value for

each soil mapping unit in the county. The relative value shall be on a 100-point-

scale—with 100 points assigned to the best soils for agricultural production and

all other soils assigned relative values of less than 100 points.

(3) Calculation of average relative value. The average relative value of the

soils on a tract being considered for appraisal shall be calculated by multiplying

the relative value of each soil mapping unit within the tract by the total acreage of

the soil mapping unit within the tract, adding these products and then dividing that

sum by the total acreage of the tract.

Example: A 60-acre tract has 10 acres within soil mapping units with relative

values of 95, 20 acres within soil mapping units with relative values of 90 and 30

acres within soil mapping units with relative values of 80. The sum of the relative

values is calculated as follows:

10 acres x 95 = 950 acres

20 acres x 90 = 1,800 acres

30 acres x 80 = 2,400 acres

Total 5,150 acres

The 5,150 acre sum is then divided by the total acreage of the tract (60 acres) to

determine the average relative value:

5,150 acres divided by 60 acres = 85.83

In this example, the average relative value of the soils on the tract is 85.83.

(4) Calculation of weighted LE score. The weighted LE score of a tract being

considered for appraisal shall be the product of the average relative value of the

soils on the tract multiplied by the weighted value assigned to the LE score under

the county program.

15

Example. The average relative value of the soils on the tract described in the

example in paragraph (3) is 85.83. The county program assigns a weighted value

to the LE score of 60% (.60) of the farmland ranking score. The weighted LE

score for this tract would be 51.5, calculated as follows:

85.83 x .60 = 51.5

(e) Site Assessment (SA).

(1) General categories of factors. The county programs shall require the

evaluation of three general categories of factors in determining the SA score, and

shall specify the individual factors to be considered under each of these general

categories. These categories are as follows:

(i) Development Potential (DP) factors. Factors that identify the extent to

which development pressures are likely to cause conversion of agricultural land to

nonagricultural uses.

(ii) Farmland Potential (FP) factors. Factors that measure the potential

agricultural productivity and farmland stewardship practiced on a tract.

(iii) Clustering Potential (CP) factors. Factors that emphasize the importance

of preserving blocks of farmland to support normal farming operations and help to

shield the agricultural community from conflicts with incompatible land uses.

(2) Scoring scale. The county program shall require that each of the three

general categories of factors described in paragraph (1) ranks tracts on a 100-point

scale. The total combined maximum score under these categories shall be 300

points.

(3) Development Potential (DP) factors.

(i) Number. The county program shall specify no less than 3 and no more

than 10 factors to be considered in scoring the DP of a tract being evaluated for

appraisal. Three of these factors shall be the factors described in subparagraphs

(ii)—(iv), unless substitute factors are approved by the State Board in accordance

with subparagraph (v).

(ii) Required factor: availability of sanitary sewer and public water. The

county program shall require that the availability of sanitary sewer and public

water to a tract be considered in scoring its DP. A farmland tract is more likely to

be surrounded by incompatible land uses or be converted to nonagricultural use if

it is in an area which is suitable for onlot sewage disposal or if it is in an area

which has access to public sewer and water service or is expected to have access

to the service within 20 years. The tract shall receive a relatively higher score than

a tract that does not have sanitary sewer and public water.

(iii) Required factor: road frontage. The county program shall require that

the public road frontage of a tract be considered in scoring DP. Frontage on public

16

roads increases the suitability of a tract for subdivision or development, and is a

measure of the capability of a tract to be developed or improved for

nonagricultural use. A tract with extensive road frontage shall receive a relatively

higher score than a tract with less public road frontage.

(iv) Required factor: extent of nonagricultural use in area. The county

program shall require that the extent of nonagricultural use adjoining or in the

area of a tract be considered in scoring DP. Consideration shall be given to

whether adjacent land uses affect normal farming operations and whether

surrounding, but not necessarily adjoining, land uses affect the ability of the

landowner to conduct normal farming operations on the tract, or whether the

impacts are likely to occur within the next 20 years. Urban uses are generally

considered incompatible with agricultural uses. A tract with extensive

nonagricultural uses in the area shall receive a relatively higher score than a tract

that is more distant from the nonagricultural uses.

Example: A county program may require that the percentage of adjacent land in

nonagricultural use or the distance to urban centers or growth areas, or both, be

considered in scoring DP.

(v) Substitute or additional factors. Subparagraphs (ii)—(iv) notwithstanding,

a county program may set forth substitute or additional factors to be considered in

scoring development potential, if the factors are reviewed and approved by the

State Board.

(vi) Weight of individual factors. The county board shall establish and set

forth in its county program the number of points that may be awarded under any

individual factor in scoring DP. The number of points may vary from factor to

factor.

(4) Farmland Potential (FP) factors.

(i) Number. The county program shall specify no less than 4 and no more

than 10 factors to be considered in scoring the FP of a tract being evaluated for

appraisal. Four of these factors shall be the factors described in subparagraphs

(ii)—(v), unless substitute factors are approved by the State Board in accordance

with subparagraph (vi).

(ii) Required factor: percentage of certain types of land. The county program

shall require that the percentage of harvested cropland, pasture and grazing land

on a tract be considered in scoring FP. Large amounts of productive farmland—

harvested cropland, pasture and grazing land—make a farm more viable. If a large

percentage of a tract is not used as productive farmland, the tract should receive a

lower farmland potential score.

(iii) Required factor: stewardship of land. The county program shall require

that the stewardship of the land and the use of conservation practices and best

land management practices be considered in scoring the FP of a tract. A score will

not be awarded under this factor unless sound soil and water conservation

practices are in place with respect to at least 50% of the tract. The implementation

17

of soil erosion control, sedimentation control, nutrient management and other

practices demonstrating good stewardship of the tract shall be considered under

this factor.

(iv) Required factor: size of tract on application. The county program shall

require that the size of a tract described in the easement purchase application be

considered in scoring the FP of the tract. In general, a farmland tract with higher

acreage should be assigned a relatively higher value than a tract having less

acreage.

(v) Required factor: historic, scenic and environmental qualities. The county

program shall require that the designation or listing of a tract by

local/State/Federal authorities as an historically or culturally-significant location,

or a scenic area or open space be considered in scoring the FP of a tract. Tracts

adjoining designated protected areas such as flood plains, wildlife habitat, parks,

forests and educational sites shall also be considered under this factor. The county

program shall specify whether a tract shall receive a relatively higher or relatively

lower score based upon its historic, scenic or environmental qualities.

(vi) Substitute or additional factors. Subparagraphs (ii)—(v) notwithstanding,


scoring FP, if the factors are reviewed and approved by the State Board. The

additional factors may include a factor that awards points based upon the

landowner’s offer to sell the easement at a reduced price.

(vii) Weight of individual factors. The county board shall establish and set


individual factor in scoring FP. The number of points may vary from factor to

factor.

(5) Clustering Potential (CP) factors.

(i) Number. The county program shall specify no less than three and no more

than ten factors to be considered in scoring the CP of a tract being evaluated for

appraisal. Three of these factors shall be the factors described in subparagraphs

(ii)—(iv), unless substitute factors are approved by the State Board in accordance

with subparagraph (v).

(ii) Required factor: consistency with planning map. The county program

shall require that the location of a tract with respect to those areas of the county

identified as important agricultural areas of the county in the planning map

described in § 138e.17 (relating to planning and development map) be considered

in scoring the CP of the tract. A tract that is within an identified important

agricultural area shall receive a higher score than tracts that are distant from these

areas. Tracts located within the designated areas are more viable for agricultural

use and are more likely to be compatible with county and local comprehensive

plans.

(iii) Required factor: proximity to restricted land. The county program shall

require that the proximity of a tract to land already under agricultural conservation

easement—whether held by a county, the State, jointly by the county and State, a

unit of local government, or by a nonprofit land conservation organization—be

18

considered in scoring the CP of the tract. A tract that is close to the restricted land

shall receive a higher score than tracts that are more distant from the restricted

land. Clustering easement purchases will develop a mass of farmland which

supports normal farming operations and reduces conflicts with incompatible land

uses.

(iv) Required factor: percentage of adjoining land in an agricultural security

area. The county program shall require that the percentage of a tract’s boundary

that adjoins land in an agricultural security area be considered in scoring the CP

of the tract. The higher the percentage, the higher the score shall be. Areas where

agriculture has been given protection by the municipality, at the request of the

landowners, provides an environment conducive to farming.

(v) Substitute or additional factors. Subparagraphs (ii)—(iv) notwithstanding,


scoring clustering potential, if the factors are reviewed and approved by the State

Board. The additional factors may include a factor that awards points for the

establishment of new clustering areas.

(vi) Weight of individual factors. The county board shall establish and set


individual factor in scoring CP. The number of points may vary from factor to

factor.

(6) Calculation of weighted Site Assessment (SA) score. The SA score of a tract

being considered for appraisal shall be calculated as follows: The product of the

DP score multiplied by the weighted value for that category is the weighted DP

score. The product of the FP score multiplied by the weighted value for that

category is the weighted FP score. The product of the CP score multiplied by the

weighted value for that category is the weighted CP score. The sum of these three

weighted scores is the weighted SA score.

Example: A county program assigns weighted values of 10% to DP, 20% to FP

and 30% to CP. The DP, FP and CP scores for a particular tract are 92, 85 and 80,

respectively. The weighted DP score equals the DP score (92) multiplied by its

weighted value (10%): 9.2. The weighted FP score equals the FP score (85)

multiplied by its weighted value (20%): 17. The weighted CP score equals the CP

score (80) multiplied by its weighted value (30%): 24. The weighted SA score is

the sum of these three weighted scores (9.2 + 17 + 24): 50.2.

(f) Calculation of farmland ranking score. The sum of the weighted LE score

and the weighted SA score equals the farmland ranking score.

(g) Use of farmland ranking score. The farmland ranking score shall determine

the order in which tracts are selected by the county board for appraisal. Selection

for appraisal shall be made in descending order of farmland ranking score.

§ 138e.16. Minimum criteria for applications.

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(a) The county program shall consider the quality of the farmland tract,

including the USDA soil classification and productivity. The farmland tract shall:


(i) Located in an agricultural security area consisting of 500 acres or more.

(ii) Bisected by the dividing line between two local government units, having

the majority of its viable agricultural land within an agricultural security area of

500 acres or more and the remainder in another local government unit outside of

an agricultural security area.

(iii) Bisected by the dividing line between the purchasing county and an

adjoining county, having the land located in the purchasing county within an

agricultural security area of 500 acres or more and the remainder in another

county outside of an agricultural security area, and with respect to which one of

the following applies:

(A) A mansion house is on the tract and located within the purchasing

county.

(B) When the mansion house on the tract is bisected by the dividing line

between the two counties, the landowner has chosen the purchasing county as the

situs of assessment for tax purposes.

(C) When there is no mansion house on the farmland tract, the majority of

the tract’s viable agricultural land is located within the purchasing county.


(i) Contiguous acreage of at least 50 acres in size.

(ii) Contiguous acreage of at least 10 acres in size and utilized for a crop

unique to the area.

(iii) Contiguous acreage of at least 10 acres in size and contiguous to a

property which has a perpetual conservation easement in place which is held by a

‘‘qualified conservation organization,’’ as that term is defined in section

170(h)(3) of the Internal Revenue Code (26 U.S.C.A. § 170(h)(3)).

(3) Contain at least 50% of soils which are both available for agricultural

production and of land capability classes I—IV, as defined by the USDA-NRCS.

(4) Contain the greater of 50% or 10 acres of harvested cropland, pasture or grazing

land.

(b) The county program may contain additional criteria to evaluate farmland

tracts if the criteria are fair, objective, equitable, nondiscriminatory and

emphasize the preservation of viable agricultural land which will make a

significant contribution to the agricultural economy, and are approved by the State

Board. For example, a county program might require crop yields from a farmland

tract to meet or exceed county crop yield averages, or might require the farmland

20

tract to generate annual gross receipts of a particular sum, or might require that

structures and their curtilages not occupy more than a certain percentage of the

total acreage of the farmland tract.

§ 138e.17. Planning and development map.

(a) The county board shall, in consultation with the county planning

commission, prepare and adopt a map identifying the important agricultural areas

of the county. The scale of the map shall be such that it can be used to locate

specific land proposed for easement purchase.

(b) The county board shall encourage the formation of agricultural security areas

in the important agricultural areas identified in the map described in subsection

(a).

(c) The planning and development map shall identify areas in the county devoted

primarily to agricultural use where development is occurring or is likely to occur

in the next 20 years. The identification of these areas shall be made in

consultation with the county planning commission, and any other body the county

board deems appropriate.

§ 138e.18. Schedule for submission of applications.

The county program shall contain a schedule for the submission of applications

to the county board.

§ 138e.19. Purchasing procedures.

The county program shall contain or incorporate by reference the procedures in

§ § 138e.61—138e.65 (relating to procedure for purchasing an easement) and

additional consistent procedures as approved by the State Board.

§ 138e.20. Public information.

(a) The county board shall publicize the county program.

(b) The county program shall set forth the manner in which the county board will

publicize the county program.

(c) The county board shall be subject to the Sunshine Act (65 P. S. § § 271—

286) and the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. § § 66.1—66.4),

known as the Right-To-Know Law, relating to the inspection and copying of

public records.

§ 138e.21. Inspection and enforcement of an easement.

The county program shall contain or incorporate by reference the procedures for

inspecting and enforcing an easement in § § 138e.201—138e.207 (relating to

procedure for inspecting and enforcing an easement) and additional, consistent

procedures as approved by the State Board.

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STATE BOARD REVIEW OF COUNTY PROGRAM

§ 138e.41. Application for review of county program.

A county board seeking State Board review, certification and approval of its

county program shall submit one copy of its county program and its bylaws to the

State Board at the following address: Director, Bureau of Farmland Preservation,

Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania

17110-9408.

§ 138e.42. Review, certification and approval of a county program.

(a) The State Board will acknowledge receipt of the county program and may

request additional information.

(b) Within 60 days of receipt of a complete county program, the State Board will

approve or disapprove the county program.

(1) The State Board will approve the county program if it finds that the

standards, criteria and requirements in the act and § § 138e.11—138e.21 (relating

to requirements for certification of county program) have been satisfied, and will

immediately notify the county board in writing that the county program has been

approved.

(2) The State Board will disapprove the county program if it is not in

accordance with the act and § § 138e.11—138e.21 and will immediately notify

the county board in writing of the reasons for the disapproval. The county board

may submit a revised county program to the State Board. The revised county

program shall be treated as a new request for certification and approval.

(3) The county board may withdraw its county program from the State Board

prior to action by the State Board. The county board may resubmit the county

program for review. The State Board has 60 days from resubmittal to act on the

county program.

(c) A decision of the State Board to disapprove a county program shall be an

adjudication subject to 2 Pa.C.S. § § 501—508 and 701—704 (relating to the

Administrative Agency Law). An appeal from a decision of the State Board to

disapprove a county program may be made by the county board to the Secretary

and shall be filed in writing with the Secretary within 30 days of the State Board’s

action. An appeal from a decision of the State Board will be governed by 1 Pa.

Code Part II (relating to general rules of administrative practice and procedure).

§ 138e.43. Revision of county program.

(a) Following initial approval by the State Board, a county program may be

revised in accordance with this section.

(b) A county board seeking review of a proposed revision to its county program

shall submit one copy of the proposed revision to the State Board at the following

22

address: Director, Bureau of Farmland Preservation, Department of Agriculture,

2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408.

(c) A county board’s request for review of a proposed revision to a county

program shall set forth the following:

(1) The text of the existing provisions of the county program to be revised.

(2) The text of all proposed revisions to the county program.

(3) A brief narrative explaining the reasons for, and the benefits from, the

proposed revisions.

(4) Other supporting documentation or information deemed relevant by the

county board or requested by the State Board.

(d) A proposed revision to the county program shall comply with the act and this

chapter and may not conflict with another provision of the county program.

(e) The State Board will follow the procedures in § 138e.42 (relating to review,

certification and approval of a county program) in reviewing a proposed revision

to a county program.

§ 138e.44. Periodic recertification of county programs.

(a) Responsibilities of the State Board.

(1) The State Board will review a county program and approve or disapprove

the recertification of that county program in accordance with this section and

section 14.1(b)(4) of the act (3 P. S. § 914.1(b)(4)).

(2) A county program that was approved by the State Board on or before

December 31, 1994, will be reviewed by the State Board and approved or

disapproved for recertification by December 31, 1996, and by December 31 of

every 7th year thereafter.

(3) A county program that was approved by the State Board after December 31,

1994, will be reviewed by the State Board and approved or disapproved for

recertification by December 31 of the 7th year after the date of original approval

and by December 31 of every 7th year thereafter.

(4) The State Board’s approval or disapproval of recertification need not be

granted within the times specified in paragraphs (1)—(3) if the county board fails

to submit its county program to the State Board by the applicable deadline in

subsection (c), or if the State Board postpones the deadline in accordance with

subsection (e).

(b) Standard of review. The State Board will approve the recertification of a

county program if it determines that the county program is in compliance with

section 14.1(b)(4) and (d) of the act (3 P. S. § 914.1(b)(4) and (d)) and otherwise

complies with the act and this chapter.

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(c) Responsibilities of the county board.

(1) If a county board seeks State Board review and recertification of a county

program that does not contain proposed revisions, it shall submit the county

program to the State Board September 1 of the year within which recertification

must be completed.

(2) If a county board seeks State Board review and recertification of a county

program that contains proposed revisions, it shall submit the county program,

including proposed revisions, to the State Board by July 1 of the year within

which recertification must be completed. Proposed revisions to county programs

shall comply with § 138e.43 (relating to revision of county programs).

(d) Consequence of noncompliance. The State Board will not approve a county

board’s recommendation for purchase unless the county program has been

approved for recertification in accordance with the schedule set forth in section

14.1(b)(4) of the act and this section.

(e) Discretionary extension of time. Subsection (d) notwithstanding, the State

Board may postpone the deadline for recertification of a county program by up to

12 months and, during this period of postponement, may approve a county

board’s recommendation for easement purchase.


§ 138e.61. Application.

(a) A separate application shall be required for each farmland tract offered for

easement purchase. The application shall consist of a completed application form,

locational maps and a soils report form. A copy of a soils report form is in

Appendix

B (relating to Form C Soils Report). If the county program contains minimum

criteria for easement purchase that vary from those in § 138e.16 (relating to

minimum criteria for applications), the application shall also include

documentation to demonstrate the farmland tract meets these minimum criteria.

(b) The county board shall develop and make available to a county resident an

application form which requires the following information:

(1) The printed name, address, telephone number and signature of all owners of

the farmland tract.

(2) One of the following, as applicable:

(i) If the farmland tract is eligible to be considered for easement purchase

under § 138e.16(a)(1)(i), the county, local government unit and agricultural

security area in which the farmland tract is located.

(ii) If the farmland tract is bisected by a dividing line between two units of

local government and is eligible to be considered for easement purchase under

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§ 138e.16(a)(1)(ii), the county and local government units in which the farmland

tract is located, the agricultural security area in which a portion of that farmland

tract is located, a breakdown of the acreage proposed for easement purchase in

each local government unit and a breakdown of the number of acres of viable

agricultural land in the acreage proposed for easement purchase in each local

government unit.

(iii) If the farmland tract is bisected by the dividing line between two or more

counties and is eligible to be considered for easement purchase under

§ 138e.16(a)(1)(iii), the counties and local government units in which the

farmland tract is located, the agricultural security area in which a portion of that

farmland tract is located, and one of the following:

(A) If there is a mansion house on the farmland tract, an acknowledgement

of this fact and a designation of the county in which the mansion house is located.

(B) If there is a mansion house on the farmland tract, and the mansion house

is bisected by the dividing line between two or more counties, an

acknowledgement of this fact and a designation of the county the landowner has

chosen as the situs of assessment for tax purposes.

(C) If there is no mansion house on the farmland tract, an acknowledgement

of this fact and a breakdown of the acreage proposed for easement purchase in

each county and a breakdown of the number of acres of viable agricultural land in

the acreage proposed for easement purchase in each county.

(3) The total acreage of the farm as shown on the deed or instruments of record.

(4) The number of acres in the farmland tract proposed for easement purchase.

(5) The street address of the farm, and directions from the nearest State route.

(6) The most current deed reference-book, volume and page-or other reference

to the place of record of the deed. In the case of multiple deeds, numbers for all

the deeds shall be provided.

(7) County tax map numbers, including tax parcel number, or account number

of each parcel.

(8) The date of the conservation plan, if any, which has been approved by the

county conservation district or county board.

(9) The date of any nutrient management plan.

(10) The name, address and telephone number of the person to be contacted to

view the farmland tract.

(c) The applicant or the county board shall provide both of the following

locational maps with the application:

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(1) A United States Geological Survey topographical map or a portion of the

map showing the location of the farmland tract, with the farmland tract

boundaries clearly and correctly delineated and showing the location of acreage

being excepted from the easement.

(2) A tax map or official map used for tax assessment purposes showing the

farmland tract with all tax parcel numbers clearly indicated.

(d) The applicant or the county board shall provide a soils report and a color-

coded soils map for the farmland tract proposed for easement purchase. The soils

report shall also contain a list of soil mapping unit names, symbols and land

capability classes on the farmland tract. The soils map shall use as a base soil

survey maps published by the USDA-NRCS. A county with a digital mapping

database system for soils may provide the soils map in digital form in an

appropriate scale acceptable to the Department. The soils map shall color code

soil types as follows:

Land capability class I = Green

Land capability class II = Yellow

Land capability class III = Red

Land capability class IV = Blue

Land capability class V—VIII = Uncolored

Wetlands = Cross-hatch, or shown on a separate map

(e) If the county program requires crop yield data or gross annual receipts to

determine whether a farmland tract meets the county program’s minimum criteria

for easement purchase, the applicant shall provide a production report for the

farmland tract for the most recent crop year that comparable statistics are

available from the Pennsylvania Agricultural Statistics Service (PASS).

§ 138e.62. Evaluation of application.

(a) The county board shall review the application to determine if it is complete

and meets the minimum criteria in § § 138e.11—138e.21 (relating to

requirements for certification of county program).

(b) If the application is complete and the minimum criteria are met, an agent or

member of the county board shall view the farmland tract and discuss the county

program with the applicant.

(c) The county board shall evaluate timely applications which meet the

minimum criteria and rank them according to the county farmland ranking

system.

§ 138e.63. Order of appraisal.

26

Farmland ranking score shall determine the order in which farmland tracts are

selected by the county board for appraisal. Selection for appraisal shall be made in

descending order of farmland ranking score.

§ 138e.64. Appraisal.

(a) An offer to purchase an easement shall be based upon one or more appraisal

reports which estimate the market value and the farmland value of the farmland

tract, as those terms are defined in § 138e.3 (relating to definitions). The initial

appraisal shall be at the county board’s expense. This expense may be reimbursed

as a cost incident to easement purchase in accordance with section 14.1(h)(6) of

the act (3 P. S. § 914.1(h)(6)) and § 138e.68 (relating to statement of costs).

(b) An appraisal of market value and farmland value shall be based on an

analysis of comparable sales, and shall be conducted in accordance with standards

in the most recent edition of the Uniform Standards of Professional Appraisal

Practice, published by the Appraisal Standards Board of the Appraisal

Foundation. If an appraiser cannot practicably conduct an appraisal based on an

analysis of comparable sales, the appraiser may conduct an appraisal using

another methodology only if that methodology is an acceptable methodology

under the Uniform Standards of Professional Appraisal Practice and the appraisal

report clearly describes the information considered, the appraisal procedures

followed and the reasoning that supports the analyses, opinions and conclusions.

(c) The value of a building or other improvement on the farmland tract will not

be considered in determining the easement value.

(d) The appraiser shall be a State-certified general real estate appraiser who is

qualified to appraise a property for easement purchase. An appraiser shall be

selected by a county board on the basis of experience, expertise and professional

qualifications.

(e) The appraiser shall supply a minimum of three copies of a narrative report

which contains the following information and is in the following format:

(1) Introduction.

(i) A letter of transmittal.

(ii) The appraiser’s certificate of value as to market value, farmland value and

easement value.

(iii) A table of contents.

(iv) A summary of salient facts and conclusions.

(v) The purpose of the appraisal.

(vi) The definitions, including definitions of market value, farmland value

and easement value.

27

(2) Description of property.

(i) A brief area of neighborhood description.

(ii) A description of appraised property.

(A) A legal description.

(B) Property data and zoning.

(C) A brief description of improvements.

(D) Color photos of subject property’s fields and improvements.

(E) Tax map or official map used for tax assessment purposes showing the

subject property and its relationship to neighboring properties.

(F) A legible sketch or aerial photograph of subject property showing

boundaries, roads, driveways, building locations, rights of way and land use.

(G) A location map showing the location of the subject farmland tract in a

county or municipality.

(H) Soils map showing property boundaries.

(3) Analyses and conclusions.

(i) An analysis of highest and best use.

(ii) The valuation methodology: market value.

(A) Comparable sales data.

(B) An adjustment grid.

(C) A locational map of comparable sales showing the location of the

subject farmland tract with respect to the comparables. A single locational map

shall be submitted with respect to each county from which comparable sales are

drawn.

(iii) The market value estimate.

(iv) The valuation methodology: farmland value.

(A) Comparable sales data.

(B) An adjustment grid.

(C) A locational map of comparable sales showing the location of the

subject farmland tract with respect to the comparables. A single locational map

28

shall be submitted with respect to each county from which comparable sales are

drawn.

(v) A farmland value estimate.

(vi) The easement value.

(vii) An appendix containing a brief statement of the appraiser’s professional

qualifications and a copy of the appraiser’s current certification issued in

accordance with the Real Estate Appraisers Certification Act (63 P. S.

§ § 457.1—457.19).

(f) The appraiser shall supply information concerning comparable sales as

follows:

(1) At least three comparable sales shall be used for estimating market value

and at least three comparable sales shall be used for estimating farmland value in

an appraisal. If the appraiser cannot obtain sufficient comparable sales data within

the same county as the subject farmland tract, the appraiser may use comparable

sales from other counties, with the approval of the county board. The use of

comparable sales which require adjustment of 50% or more is permitted only with

the approval of the county board.

(2) Pertinent data for each comparable sale used in the preparation of the

appraisal shall be stated in the appraisal report, including the date of sale, the

purchase price, zoning, road frontage in feet (for determining market value) and

soil mapping units (for determining farmland value). The appraisal shall include

an analysis comparing the pertinent data for each comparable sale to the subject

farmland tract. This analysis shall be in the form of a narrative statement of the

information considered and the reasoning that supports the analyses, opinions and

conclusions, and an adjustment grid assigning, when practicable and within the

Uniform Standards of Professional Appraisal Practice referenced in subsection

(b), approximate dollar values to adjustment shown on the adjustment grid.

(3) The location of each market value comparable sale used in the appraisal

report shall be shown accurately on a comparable sales map depicting the entire

county in which the comparable sale is located, and shall be sufficiently identified

and described so it may be located easily. If the comparable sales map depicts the

county in which the property that is the subject of the appraisal is located, that

property shall also be sufficiently identified and described so it may be located

easily.

(4) The location of each farmland value comparable sale used in the appraisal

report shall be shown accurately on a comparable sales map depicting the entire

county in which the comparable sale is located, and shall be sufficiently identified

and described so it may be located easily. If the comparable sales map depicts the

county in which the property that is the subject of the appraisal is located, that

property shall also be sufficiently identified and described so it may be located

easily. If a farmland value comparable sales map and a market value comparable

sales map would depict the same county, they may be combined in a single map.

29

(5) For comparable sales used to estimate the farmland value, the appraiser may

use sales of land that are confined to agricultural use because of agricultural

conservation easements or other legal restrictions or physical impairments that

make the land valuable only for agricultural use. Comparable sales shall be in

primarily agricultural use. Data may also be gathered from farm real estate

markets when farms have no apparent developmental value.

(6) The appraiser shall set forth the reasons the farmland comparable sales are

confined primarily to agricultural use. Examples of these reasons include:

(i) The farmland tract has public or private land use restrictions.

(ii) The farmland tract is within a flood plain or a wetland (in whole or in

part).

(iii) The farmland tract is landlocked, subject to additional easements, subject

to restrictive zoning or has other physical attributes which limit its developmental

capability.

(7) The appraiser shall provide at least one original and two copies of each

report to the county board. The original of each report and all copies shall be

bound with rigid covers.

(8) The appraisal shall include the entire acreage offered for easement sale. If,

following completion of the appraisal, acreage is added to or deleted from the

proposed easement sale for any reason, the appraisal shall be revised accordingly

or the appraiser shall agree in writing to the use of a per acre value to account for

the change in easement value resulting from such a change in acreage.

(9) If acreage is voluntarily withheld from the easement sale by the landowner

through subdivision accomplished in accordance with the Pennsylvania

Municipalities Planning Code, the appraiser shall, in making the estimate of

agricultural conservation easement value, take into account any increase in the

value of the subdivided acreage because of the placement of the easement on the

remaining farmland.

§ 138e.65. Easement value and purchase price.

(a) Easement value. An easement shall be purchased in perpetuity. The

maximum value of an easement for purposes of making an offer to purchase an

easement under § 138e.66(b) (relating to offer of purchase by county board) shall

be the difference between the market value and the farmland value contained in

the county appraisal report.

(b) Maximum purchase price. The purchase price offered for the purchase of an

easement under § 138e.66(b) may not exceed, but may be less than, the value of

the easement.

§ 138e.66. Offer of purchase by county board.

30

(a) In determining whether to offer to purchase an easement following receipt of

the county appraisal report, the county board shall consider the following:

(1) The farmland ranking score, as calculated in accordance with § 138e.15

(relating to farmland ranking system).

(2) The cost relative to total allocations and appropriations.

(3) The factors or considerations set forth in the county program as those

factors or conditions under which an offer to purchase would be made in

something other than descending order of farmland ranking score. An example of

a factor or consideration under which a county program might provide for the

making of an offer to purchase in something other than descending order of

farmland ranking score would be the landowner being unable to obtain clear title

to the farmland tract within a time specified in the county program.

(b) If the county board determines to offer to purchase an easement on the

farmland tract, the county board, or a representative of the county board, shall

meet with the applicant to review the county appraisal report. An offer to

purchase an easement shall be submitted to the applicant in writing and be

accompanied by the county appraisal report.

(c) Within 30 days of receipt of the written offer from the county board, an

applicant may do one of the following:

(1) Accept the offer, in which case the county board and the applicant shall

enter into an agreement of sale. The agreement of sale shall be conditioned upon

the approval of the State Board and be subject to the ability of the applicant to

provide good title to the premises, free of encumbrances such as liens, mortgages,

options, rights of others in surface mineable coal, land use restrictions, adverse

ownership interest and other encumbrances which would adversely impact the

county and Commonwealth’s interest in the farmland tract.

(2) Reject the offer and advise the county board that the application is

withdrawn.

(3) Advise the county board that the applicant is retaining, at the applicant’s

expense, an independent State-certified general real estate appraiser to determine

the easement value. The appraiser shall be qualified, and the appraisal shall be

completed in accordance with the procedure in § 138e.64 (relating to appraisal).

The appraisal shall be submitted to the county board within 120 days of receipt of

the county board’s offer to purchase. The county board may extend the time

within which this appraisal shall be submitted. This extension shall be in writing

and shall extend the 120-day deadline by no more than 60 days. Upon completion,

three copies of the applicant’s appraisal shall be submitted to the county board.

The applicant’s decision to obtain an independent appraisal under this paragraph

does not constitute a rejection of the county board’s offer. The county board’s

offer shall remain open unless increased by the county board under subparagraph

(iv) or rejected by the applicant under subparagraph (v).

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(i) If the applicant retains an independent appraiser, the easement value shall

be the difference between the agricultural value and the nonagricultural value,

determined as follows:

(A) The agricultural value shall equal the sum of:

(I) The farmland value determined by the applicant’s appraiser.

(II) One-half of the difference between the farmland value determined by

the county board’s appraiser and the farmland value determined by the applicant’s

appraiser, if the farmland value determined by the county board’s appraiser

exceeds the farmland value determined by the applicant’s appraiser.

(B) The nonagricultural value shall equal the sum of:

(I) The market value determined by the county board’s appraiser.

(II) One-half of the difference between the market value determined by the

applicant’s appraiser and the market value determined by the county board’s

appraiser, if the market value determined by the applicant’s appraiser exceeds the

market value determined by the county board’s appraiser.

(ii) If the easement value determined under subparagraph (i) is less than the

easement value determined by the county appraiser, the county board may offer a

purchase price equal to the county’s offer under subsection (b).

(iii) Regardless of the easement value, the purchase price may not exceed any

overall purchase price limits established by the county in its county program.

(iv) Within 30 days of receipt of the applicant’s appraisal, the county board

shall do one of the following:

(A) Submit a written offer to purchase in an amount in excess of the amount

offered under subsection (b) to the applicant.

(B) Notify the applicant, in writing, that the offer made under subsection (b)

remains open and will not be modified.

(v) The applicant shall, within 15 days of receipt of the county board’s

written offer under subparagraph (iv)(A) or receipt of the county board’s written

notice under subparagraph (iv)(B), notify the county board in writing that the

applicant does one of the following:

(A) Accepts or rejects the offer made under subparagraph (iv)(A).

(B) Accepts or rejects the offer made under subsection (b).

(vi) The failure of the applicant to act as set forth in subparagraph (v) shall

constitute a rejection of the county board’s offer.

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(vii) If the offer of purchase is accepted, the county board and the applicant

shall enter into an agreement of sale containing the same requirements and subject

to the same conditions in subsection (c)(1).

(4) The failure by the applicant to act within 30 days of receipt of a written

offer under subsection (b) shall constitute rejection of the offer.

(d) An agreement of sale shall be in a form provided by the State Board.

§ 138e.67. Requirements of the agricultural conservation easement deed.

(a) The owners of the subject farmland tract shall execute a deed conveying the

easement. This deed shall include the provisions of § 138e.241 (relating to deed

clauses).

(b) The deed shall be in recordable form and contain:

(1) A legal description setting forth the metes and bounds of the farmland tract

subject to the easement.

(2) At least one course and distance referencing affixed marker or monument of

a type commonly placed in the field by a surveyor. Fixed markers may include

iron pins, pk nails, spikes, concrete monuments or stones.

(c) The legal description may not contain a closure error greater than 1 foot per

200 linear feet in the survey.

(d) The farmland tract on which an easement is to be purchased shall be

surveyed unless the legal description contained in the deed recorded in the land

records of the county in which the farmland tract is located satisfies the

requirements of subsections (b) and (c). A survey required by this subsection shall

meet the requirements of § 138e.73 (relating to survey requirements).

(e) For purchases made entirely with State funds, the Commonwealth shall be

the sole grantee.

(f) For purchases made using a combination of State and county funds, the

grantees shall be the Commonwealth and the county providing the funds under

joint ownership as defined in the act.

(g) For purchases made using a combination of State, county and local

municipality funds, the grantees shall be the Commonwealth, the county and the

local municipality providing the funds under joint ownership as defined in the act.

(h) For purchases made entirely with county funds, the county shall be the sole

grantee.

(i) For purchases made entirely with local municipal funds, the municipality

shall be the sole grantee.

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(j) For purchases made entirely with State funds, the Commonwealth shall be the

sole grantee.

§ 138e.68. Title insurance.

(a) The county board shall provide the following to the State Board upon

submission of its recommendation for the purchase of an easement:

(1) A title insurance commitment.

(2) Copies of all recorded or unrecorded documents listed on the title insurance

commitment as exceptions to the title insurance policy.

(b) At settlement, the county board shall provide a title insurance policy issued

by a title insurance company authorized to conduct business in this

Commonwealth by the Insurance Department. A marked up title commitment

may serve as a policy until the final policy is issued. The amount of title insurance

coverage shall equal or exceed the higher of the following amounts:

(1) The difference between the appraised market value and the appraised

farmland value, as described in § 138e.65(a) (relating to easement value and

purchase price).

(2) The difference between the agricultural value and the nonagricultural value,

as described in § 138e.66(c)(3) (relating to offer of purchase by county board), if

the values are used to calculate the easement value.

§ 138e.69. Statement of costs.

(a) For purposes of section 14.1(h)(6) of the act (3 P. S. § 914.1(h)(6)), the

county board shall submit, on a form provided by the Department, a statement of

costs. This statement of costs shall include the cost of the agricultural

conservation easement and the costs incident to the purchase of the easement, and

shall be submitted to the State Board along with the application for review

described in § 138e.91 (relating to recommendation for purchase). The incidental

costs may include:

(1) The county appraisal costs.

(2) The necessary legal fees for title search, preparation of documents and

attendance at the closing.

(3) The recording fees.

(4) The survey costs.

(5) The costs of providing adjoining landowners with required notices and of

providing necessary advertisements.

(6) Reimbursements to a nonprofit land conservation organization that has

acquired an easement at the request of the county board, for the purpose of

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transferring the easement to the county or the Commonwealth, or both. These

costs include the easement purchase price, reasonable costs of financing the

purchase, appraisal costs, necessary legal costs, recording fees and survey costs.

(7) The cost of the title insurance.

(b) The statement of costs shall specify the amount of funding requested from

the Commonwealth for the purchase, and the amount of county funds allocated

for the purchase.

(c) After settlement, the county board shall submit a revised statement of costs if

actual costs were greater or less than the costs estimated in the initial statement of

costs.

(d) If the actual costs are less than the estimated costs, the county board shall

promptly refund the difference to the Department by check payable to

‘‘Commonwealth of Pennsylvania.’’

§ 138e.70. Summary report.

(a) General. A recommendation by the county board for the purchase of an

easement shall be accompanied by a summary report consisting of a narrative

report and appendix as described in subsections (b) and (c).

(b) Narrative report. The narrative report shall consist of the following:

(1) A description of the farm, including the name of all landowners, location in

relation to the nearest town, number of acres proposed for purchase and type of

agricultural production on the farm.

(2) A description of the quality of the farmland tract, including the soil

capability classes of the soils available for agricultural production.

(3) The farmland ranking score, including a statement of the relative ranking of

the farmland tract among other tracts considered by the county in the same round

of applications.

(4) A description of the likelihood of conversion to other uses if the easement is

not purchased.

(5) A description of the nature and scope of developmental pressure in the

municipality or area.

(6) A description of the nature and scope of conservation practices and best

land management practices, including soil erosion and sedimentation control and

nutrient management.

(7) A discussion of the purchase price summarizing the appraisals, including

the agricultural and nonagricultural value, negotiations for purchase and the

percentage of the appraised easement value accepted by the landowner.

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(8) A statement of costs as described in § 138e.69 (relating to statement of

costs).

(9) A certification by the county board that the information presented to the

State Board is true and correct.

(c) Appendix. The appendix of the summary report shall, at a minimum, consist

of the following:

(1) The application form.

(2) Locational maps, including tax, topographic and soils maps.

(3) A soils report.

(4) Any crop report required by the county program.

(5) Any livestock report required by the county program.

(6) An evaluation of the farmland ranking score, showing how the farm scored

in comparison to other farms.

(7) A quitclaim deed, or a subordination, release or letter approving the

purchase from a mortgagee, lienholder or owner of rights in surface mineable

coal.

§ 138e.71. Notification of owners of land adjoining proposed easement

purchase.

(a) General. A county board shall provide the owners of land adjoining a

farmland tract with respect to which an easement purchase is proposed with notice

of the proposed purchase and notice of an opportunity to be heard at the State

Board meeting at which the easement purchase recommendation is to be

considered. At a minimum, this notice shall identify the property being considered

for easement purchase, reference the time and place of the State Board meeting at

which the easement purchase recommendation is to be considered and reference

the criteria in section 14.1(e)(1) of the act (3 P. S. § 914.1(e)(1)) upon which the

State Board could disapprove a recommended easement purchase. Service of this

notice may be accomplished by personal service or mail as described in

subsections (b) and (c).

(b) Personal service. The notice described in subsection (a) may be

accomplished by personal service upon the landowners entitled to notice. If

service is accomplished by personal service, the county board shall submit

verification of service to the State Board in advance of the State Board meeting at

which the easement purchase recommendation is to be considered.

(c) Certified mail. The notice described in subsection (a) may be accomplished

by certified mail, return receipt requested, addressed to the landowner entitled to

the notice. If service is accomplished by certified mail, the county board shall

submit verification of service, including a copy of the return receipt, to the State

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Board in advance of the State Board meeting at which the easement purchase

recommendation is to be considered.

(d) Correction of notice. If the date or time of the meeting at which an easement

purchase recommendation is to be considered changes after the adjoining

landowners receive the notice described in this section, the county board shall

provide these landowners a corrective notice, providing notice of the changes, in

the manner described in subsection (b) or (c).

§ 138e.72. Transactions affecting ownership of easement.

(a) General prohibition. Neither the Commonwealth nor the county may sell,

convey, extinguish, lease, encumber or restrict in whole or in part its interest in an

agricultural conservation easement for 25 years from the date of the purchase of

the easement. This prohibition will not be construed to prevent a public entity,

authority or political subdivision from exercising the power of eminent domain

and condemning restricted land in accordance with section 14.1(c)(5) of the act (3

P. S. § 914.1(c)(5)).

(b) Disposition of proceeds. Upon the sale, conveyance, extinguishment, lease,

encumbrance or other disposition of the easement, the Commonwealth and the

county shall receive a pro rata share of the proceeds based upon their respective

contributions to the purchase price.

§ 138e.73. Survey requirements.

(a) General requirement. If a survey of land being considered for agricultural

conservation easement purchase is required under § 138e.67(d) (relating to

requirements of the agricultural conservation easement deed) or is otherwise

required to determine metes and bounds of any right-of-way or other interests in

the land, the survey shall indicate that it has a closure error of not greater than 1

foot per 10,000 linear feet in the survey, and shall otherwise comply with the

boundary survey measurement standards published by the Pennsylvania Society

of Land Surveyors in its ‘‘Manual of Practice for Professional Land Surveyors in

the Commonwealth of Pennsylvania,’’ adopted July 10, 1998, or its most current

successor document.

(b) Other requirements. A survey described in subsection (a) shall also contain

the following:

(1) A recordable legal description setting forth the metes, bounds,

monumentation, exceptions, easements and rights-of-way with respect to the

farmland tract or other subject of the survey.

(2) A copy of the final boundary survey in digital electronic format that

complies with the conservation easement Geographic Information System (GIS)

technical standards maintained in the guidebook prepared by the Department in

accordance with section 14.1(a)(3)(xv) of the act (3 P. S. § 914.1(a)(3)(xv)). The

digital format shall show the bearings and distances between each monument and

contain the northing and easting of each monument.

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(3) Coordinates of at least two ground control points located sequentially along

the boundary survey, with latitude and longitude expressed in decimal degrees

with an accuracy of 6 recorded decimal places. These coordinates shall be based

on the ‘‘North American Datum of 1983,’’ or its most current successor

document, and shall be obtained through field observation or verification of

datum.

(4) A paper copy of the plotted final survey map from the digital file showing

the course bearings and distances and other annotations and symbols as

maintained in the guidebook prepared by the Department in accordance with

section 14.1(a)(3)(xv) of the act.

(c) Monumentation. If a survey of land being considered for agricultural

conservation easement purchase is required under § 138e.67(d) or is otherwise

required to determine metes and bounds of any right-of-way or other interests in

the land, the surveyor shall establish monumentation for at least the two ground

control points required under subsection (b)(3). This monumentation shall consist

of permanent, concrete markers of substantial length and width containing ferrous

or other materials detectable by an electromagnetic locator. The identity of the

surveyor who places a monument shall be affixed or marked upon the monument

so that it can be ascertained by inspection of the monument in the field.

STATE BOARD REVIEW OF A PURCHASE

RECOMMENDATION

§ 138e.91. Recommendation for purchase.

A county board shall make its recommendation for purchase of an easement by

submitting the following documents to the Director, Bureau of Farmland

Preservation, Department of Agriculture, 2301 North Cameron Street, Harrisburg,

Pennsylvania 17110-9408:

(1) Twenty-five copies of the summary report prepared in accordance with

§ 138e.70 (relating to summary report), including the following items:

(i) A cover letter from the county (optional).

(ii) A narrative summary.

(iii) A current United States Geological Survey (USGS) topographical map

that clearly and legibly shows the subject property location and boundaries,

location of neighboring easements and exclusions withheld from the subject

property.

(iv) The Soil Report Form ‘‘C’’ (a form provided by the Department), both

pages. See Appendix B (relating to Form C Soils Report).

(v) The list of soil mapping unit names, symbols and land capability classes

on the subject property.

(vi) A legible, uncolored soil map of the subject property.

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(vii) A tax map showing the subject property location and boundaries,

exclusions withheld from the subject property, utility rights-of-way and access

road rights-of-way.

(viii) A summary table showing the individual farmland ranking scores by

category for applications selected for county appraisal, including an indication of

the easement purchase status of higher-ranking applicants.

(ix) A copy of Exhibit B from the agreement of sale, modified to include

interest, total acres and per acre easement cost.

(x) The 25 copies submitted shall be individually collated and three-hole

punched, but not stapled.

(2) The appraisal reports.

(3) The signed agreement of sale, including the proposed legal description, a

statement of cost, the proposed deed of agricultural conservation easement, a

contractor integrity clause and a nondiscrimination clause.

(4) The title insurance report or commitment.

(5) A letter certifying that the adjoining landowners were provided with notice

and opportunity to be heard in a manner consistent with administrative agency

law with respect to the proposed easement purchase, including one copy of the

notification letter required under § 138e.71 (relating to notification of owners of

land adjoining proposed easement purchase) and a list of the adjoining

landowners.

(6) A completed and signed IRS Form W-9, Request for Taxpayer

Identification Number and Certification for individual grantors.

(7) A letter from the grantors stating the percent of ownership of each grantor

for the purpose of issuing IRS Form 1099.

(8) A copy of the approved soil conservation plan that is required to be in place

with respect to the land under § 138e.241(2) (relating to deed clauses).

(9) A copy of the nutrient management plan that has been developed, certified,

reviewed and approved in accordance with the Nutrient Management Act (3 P. S.

§ § 1701—1718), if the nutrient management plan is required under the Nutrient

Management Act for any portion of the property that is the subject of the

recommendation for purchase.

§ 138e.92. Review and decision.

(a) The State Board will acknowledge receipt of the recommendation for

purchase of an easement. The State Board will notify the county board if the

recommendation for purchase is incomplete or incorrect and request that

additional necessary clarification, information or documentation be supplied.

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(b) Within 60 days of receipt of a complete recommendation for purchase, the

State Board may approve, disapprove or table the purchase. The State Board may

delay its action on a recommendation for purchase beyond this 60-day deadline if

any of the conditions excusing the delay, as set forth in section 14.1(e)(2) of the

act (3 P. S. § 914.1(e)(2)), occur. If State Board action is delayed as a result of

any of these conditions, the 60-day period shall be extended until applicable

issues in section 14.1(e)(2) of the act are resolved to the satisfaction of the State

Board, whereupon the State Board will act on the recommendation of the county

board at its next scheduled meeting.

(1) If the recommendation for purchase is approved, the State Board will

execute the agreement of sale.

(2) If the recommendation for purchase is disapproved or tabled, the State

Board will notify the county board in writing of the reasons for disapproval or

tabling. The State Board will mail this written notification within 10 days of the

disapproval or tabling. If the recommendation for purchase has been disapproved,

the county board may resubmit the recommendation if the purchase

recommendation has been revised to address the State Board’s reasons for

disapproval. The resubmittal shall be treated as a new recommendation for

purchase.

(3) The county board may withdraw its recommendation for purchase from the

State Board prior to action by the State Board. The county board may resubmit

the recommendation for consideration. The resubmittal will be treated as a new

recommendation for purchase.

(4) Failure of the State Board to act on a recommendation for purchase within

60 days of its receipt constitutes approval by the State Board.

(c) Following the end of each 7-year period within which recertification of a

county program is required under section 14.1(b)(4) of the act, the State Board

will not approve a county board’s recommendation for purchase until the county

program has been approved for recertification in accordance with that section and

the procedure described in § 138e.44 (relating to periodic recertification of

county programs). The State Board may postpone the deadline for recertification

of any county’s program by up to 12 months and during the period of

postponement, may approve a county board’s recommendation for purchase.

(d) A decision of the State Board to disapprove a purchase shall be an

adjudication subject to 2 Pa.C.S. § § 501—508 and 701—704 (relating to the

Administrative Agency Law). The owner of the farmland tract proposed for

easement purchase or the county board may appeal a decision of the State Board

to disapprove the purchase of an easement. An appeal shall be made to the

Secretary and shall be filed in writing within 30 days of the State Board’s action.

An appeal from the decision of the State Board shall be governed by 1 Pa. Code

Part II (relating to general rules of administrative practice and procedure).

§ 138e.93. Postsettlement recording and reporting procedures.

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(a) Retaining copies of essential documents. The county board shall make and

retain photocopies of the following documents after settlement is held with

respect to an agricultural conservation easement purchase, and prior to the

recording of the deed of agricultural conservation easement in the appropriate

recorder of deeds’ office:

(1) The complete and fully-executed deed of agricultural conservation

easement, including the complete legal description of the land subject to the

agricultural conservation easement.

(2) A marked-up title insurance commitment document, reflecting that all listed

title insurance exceptions have been addressed and resolved prior to the purchase

of the agricultural conservation easement.

(3) Mortgage satisfaction pieces, subordination agreements and other

documents to be recorded in connection with the agricultural conservation

easement purchase.

(4) The complete and fully-executed conservation plan agreement form as

described in § 138e.222 (a) (relating to conservation plan).

(b) Recording of the deed of agricultural conservation easement and other

documents. The county board shall record the deed of agricultural conservation

easement and any other documents (such as subordination documents, satisfaction

pieces and releases, and the conservation plan agreement form) at the appropriate

recorder of deeds’ office after settlement is held with respect to the easement

purchase.

(c) Recording of agricultural security area; reporting to the State Board. If the

settlement triggers the automatic inclusion into an agricultural security area of

some portion of the land subject to the agricultural conservation easement under

section 14.1(b)(2)(i)(B) or (C) of the act (3 P. S. § 914.1(b)(2)(i)(B) or (C)), the

governing body that created the agricultural security area into which the land is

automatically included shall record the addition of this land into the agricultural

security area in accordance with the filing, recording and notification procedures

in section 8(d) and (g) of the act (3 P. S. § 914.8(d) and (g)). The governing body

shall then transmit to the county board written confirmation that this recording,

filing and notification has been accomplished. The county board shall mail or

deliver a copy of that written confirmation to the State Board within 10 days of

receipt.

(d) Reporting the agricultural conservation easement purchase to the State

Board.

(1) General. The county board shall mail or deliver the following documents to

the Department within 10 days following the date upon which settlement is held

with respect to an agricultural conservation easement purchase:

(i) A complete notification of settlement, on a form available from the

Department upon request, containing the following:

(A) The name of the landowners.

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(B) The county in which the land is located.

(C) The date of settlement.

(D) A statement identifying any additional incidental costs.

(E) An indication (by check-off or other designation) of the other documents

the county board is submitting to the Department along with the Notification of

Settlement Form.

(F) The signature of the administrator or chief executive of the county

board.

(ii) Copies of all of the documents described in subsection (b).

(iii) A copy of the settlement sheet, if the execution of such a document is

part of the settlement transaction.

(iv) A marked-up title insurance commitment document or a title insurance

policy, reflecting that all listed title insurance exceptions have been addressed and

resolved prior to the purchase of the agricultural conservation easement.

(v) A complete verification, executed by the settlement agent at settlement,

on a form available from the Department upon request, containing the following:

(A) A statement reading substantively as follows:

As Settlement Agent for ___ County, I hereby verify that I have submitted (or

will take responsibility for submitting) the appropriate IRS 1099-S form(s) for the

agricultural conservation easement identified below in accordance with the

Internal Revenue Code, section 6045. I further verify that I have reported (or will

report) the gross proceeds in the case of a joint purchase by the Commonwealth

and the county. If this verification is not submitted to the Commonwealth within

30 days of closing, I further verify that the 1099-S form(s) will be sent to the IRS

and the transferor by the deadline established by the IRS.

(B) The name and Federal taxpayer I.D. number of each person who sold an

interest in the agricultural conservation easement.

(vi) An invoice from the county for any additional incidental costs related to

the agricultural conservation easement purchase, on a form available from the

Department upon request, containing the following:

(A) The name, address and Federal taxpayer I.D. number of the county.

(B) The date of the application.

(C) The name, address and telephone number of the person designated by

the county to act as a contact person if the Department requires further

information.

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(D) The name of the farm owner, address of the farm and the number of

acres under agricultural conservation easement.

(E) A breakdown of the purposes for which reimbursement of additional

incidental expenses is requested, and the amount of each expense.

(vii) A revised statement of costs, as described in § 138e.69 (relating to

statement of costs), if the incidental costs are higher or lower than originally

reported.

(2) Exception for agricultural conservation easements purchased by a local

government unit solely. Paragraph (1) notwithstanding, if an agricultural

conservation easement is purchased by a local government unit solely, the county

board shall mail or deliver the following documents to the Department within 30

days after recording the deed of agricultural conservation easement:

(i) A copy of the complete and fully-executed deed of agricultural

conservation easement, including the complete legal description of the land

subject to the agricultural conservation easement.

(ii) A current United States Geological Survey (USGS) topographical map



property.

(iii) An invoice as described in paragraph (1)(vi).

(e) Copies of filed documents. The county board shall mail or deliver copies of

the recorded documents described in subsection (b) to the Department within 30

days following the date upon which these documents are recorded at the

appropriate recorder of deeds’ office. The date and place of recording shall appear

on each document.

(f) Title insurance policy. The title insurance policy should be mailed or

delivered to the State Board within a reasonable time after settlement—preferably

within 60 days of settlement.

ALLOCATION OF FUNDS

§ 138e.101. Annual easement purchase threshold.

(a) On or before March 1 of each year in which money is available from the

Fund, the State Board will meet and determine the annual easement purchase

threshold for the current county fiscal year.

(b) The annual easement purchase threshold shall be at least $10 million, unless

the total amount available in the Fund is less than $10 million, in which case the

annual easement purchase threshold shall be the total amount available in the

Fund.

§ 138e.102. Allocation of funds to counties.

43

(a) On or before March 1 of each year in which money is available from the

Fund, the State Board shall determine and announce an allocation of grant funds

and State matching funds to eligible counties.

(b) An allocation of grant funds shall be made to all eligible counties.

(c) Grant funds allocated to an eligible county will be available to be expended

or encumbered for easement purchases for 2 consecutive county fiscal years,

commencing with the county fiscal year within which the allocation is made.

(d) A county that wishes to participate in the allocation of State matching funds

shall:

(1) Appropriate county matching funds to be used exclusively for the purchase

of easements.

(2) Submit to the State Board a certified copy of the resolution or other action

of the county governing body appropriating county matching funds to be used

exclusively for the purchase of easements.

(i) The certified resolution or other action shall be executed by the chief fiscal

officer of the county and an authorized official of the county governing body.

(ii) The certified resolution or other action shall be in a form provided by the

State Board.

(iii) The certified resolution or other action shall be received by the State

Board by January 31 to be considered for an allocation of State matching funds

for the year.

(iv) County matching fund appropriations shall be available for the same 2-

consecutive-county-fiscal-year period during which grant funds allocated under

subsection (c) are available to be expended or encumbered.

(e) State matching funds allocated to an eligible county will be available to be

expended or encumbered for easement purchases if the expenditure or

encumbrance occurs during the county fiscal year for which the allocation is

initially made and for the following county fiscal year.

(f) Allocations will be made on an annual basis, concurrent with the calendar

year beginning January 1.

(g) Funds allocated for easement purchases shall be expended or encumbered

within the period in subsections (c) and (e). Funds shall be considered

encumbered when the county board has submitted to the Department an

application to purchase an easement on a specific farm for a specific amount of

money expressed on a per acre basis or expressed as a total price based on the

acreage contained in the deed of record. The application shall include all of the

documents required by § 138e.91 (relating to application for review), except that

multiple copies of the summary report and the final legal description are not

required. Minor corrections may be made to the application as part of the review

44

and comment process conducted by the Department without affecting the

encumbrance of the funds.

(h) Grant funds that have not been expended or encumbered within the period

specified in subsection (c) shall be restored to the Fund.

(i) State matching funds that have not been expended or encumbered within the

period specified in subsection (e) shall be restored to the Fund.

§ 138e.103. Expenditure of matching funds.

(a) State matching funds may be expended in a county only upon the

recommendation of the county board.

(b) A county board that recommends the expenditure of State matching funds for

the purchase of a specific easement shall state the amount of county matching

funds that will be used for the purchase of the easement.

(c) County matching funds shall be expended within the periods specified in

§ 138e.102(e) (relating to allocation of funds to counties).

(d) An easement purchased using solely county funds will be considered an

expenditure of county matching funds under section 14.1(h)(3), (4) and (5)(i) of

the act (3 P. S. § 914.1(h)(3), (4) and (5)(i)) if:

(1) The easement document recorded in the land records of the county in which

the farmland tract is located contains the provisions in § 138e.241 (relating to

deed clauses) and any more restrictive provisions required under the county

program.

(2) Upon settlement of the purchase of an easement, the county board submits

the following to the State Board:

(i) A copy of the complete and fully-executed deed of agricultural

conservation easement, including the complete legal description of the land

subject to the agricultural conservation easement.

(ii) A copy of the production report with respect to the farmland tract, if the

report is required under § 138e.61(e) (relating to application).

(iii) A statement describing the nature and scope of compliance with the

conservation plan for the farmland tract.

(iv) The date of approval of the conservation plan, a copy of the conservation

plan and a copy of the executed conservation plan agreement as described in

§ 138e.222 (relating to conservation plan).

(v) A completed Soil Report Form ‘‘C’’ (a form provided by the

Department), both pages. See Appendix B (relating to Form C Soils Report).

45

(vi) A current United States Geological Survey (USGS) topographical map



property.

(vii) A statement of costs, as described in § 138e.69 (relating to statement of

costs).

(viii) An invoice as described in § 138e.93(d)(1)(vi) (relating to

postsettlement recording and reporting procedures).

(e) An easement purchased using solely county funds shall be considered an

expenditure of county matching funds unless the State Board notifies the county

board in writing within 60 days of receipt of the documentation required by

subsection (d)(2) that the purchase will not be considered an expenditure of

county matching funds and the reasons for the determination.

(f) If the State Board notifies the county board that the purchase will not be

considered an expenditure of county matching funds, the county board shall have

60 days to resubmit documentation. Upon resubmittal of documentation, the State

Board shall determine whether the purchase meets the requirements of subsection

(d). The county board shall be notified of the State Board’s determination within

60 days of the resubmittal.

§ 138e.104. Installment sales.

(a) Options. Payment for an agricultural conservation easement may be made in

a lump sum, in installments or in another lawful manner of payment.

(b) Installment sales with a payment period of 5 years or less. Installment sales

in which the final payment for the easement purchase is to be made no longer than

5 years from the date the contract of sale is fully executed are subject to the

following requirements:

(1) Purchases may be made in the name of the Commonwealth, an eligible

county or jointly by the Commonwealth and an eligible county.

(2) The Department will provide the agreement of sale for purchases made in

the name of the Commonwealth solely or jointly by the Commonwealth and an

eligible county.

(3) The installment payment terms, including the dates of payments, payment

amounts and interest rate on the outstanding balance shall be negotiated between

the landowner and the county board.

(4) The interest rate to be paid on the outstanding balance, shall be established

by the county board, and shall be stated in the agreement of sale.

(c) Installment sales with a payment period of more than 5 years. Installment

sales, other than those installment sales described in subsection (d), in which the

46

final payment for the easement purchase is to be made more than 5 years from the

date the contract of sale is fully executed are subject to the following provisions:



(2) Notwithstanding the requirement of § 138e.66(d) (relating to offer of

purchase by county board), the county board may, subject to approval by the

Department, provide the agreement of sale for purchases made under this

subsection.

(3) The agreement of sale and the deed of easement shall meet the same

requirements and be subject to the same conditions as set forth in § 138e.66(c)

and § 138e.67 (relating to requirements of the agricultural conservation easement

deed).

(4) The installment payment terms, including the dates of payments, payment

amounts and interest rate on the outstanding balance shall be negotiated between

the landowner and the county board.

(5) The interest rate paid on the outstanding balance will be established by the

county board and shall be stated in the agreement of sale.

(6) The State’s share of the easement purchase price, exclusive of interest, shall

be transferred to the county board for deposit into an irrevocable escrow account

or deposit in another manner provided by law.

(7) Transfer of the Commonwealth’s share of the easement purchase price,

exclusive of interest, according to the terms of this paragraph shall relieve the

Commonwealth of any obligation to pay or assure the payment of the easement

purchase price and interest.

(d) Installment sales deferring the payment of principal for up to 30 years.

Installment sales in which payment of principal is deferred to the end of a specific

period of up to 30 years from the date the contract of sale is fully executed are

subject to the following provisions:



(2) Notwithstanding the requirement of § 138e.66(d), the county board may,

subject to approval by the Department, provide the agreement of sale for

purchases made under this subsection.

(3) The agreement of sale and the deed of easement shall meet the same

requirements and be subject to the same conditions as set forth in § § 138e.66(c)

and 138e.67.

(4) The installment payment terms shall be negotiated between the landowner

and the county board. These terms shall include the amount of cash (if any) to be

received at closing, the interest rate, the period over which interest is to be paid

and the point at which principal is to be paid.

47

(5) The landowner is responsible for the transaction costs associated with the

type of purchase described in this subsection unless the county program provides

otherwise.

PROCEDURE FOR INSPECTING AND ENFORCING

AN EASEMENT

§ 138e.201. Responsibility.

(a) The county board shall have the primary responsibility for inspecting

restricted land and enforcing the following:

(1) Agricultural conservation easements that were acquired under authority of

the act and are located within the county.

(2) Agricultural conservation easements which were acquired under authority

of section 14.1(b)(2)(i) of the act (3 P. S. § 914.1(b)(2)(i)), including any portion

extending into an adjoining county.

(b) The State Board or its designee will have the right to inspect restricted land

and enforce an easement on its own behalf or in conjunction with the county

board.

§ 138e.202. Inspections.

(a) The county board shall inspect all restricted land within the county at least

annually to determine compliance with the applicable deed of easement. The first

inspection shall be completed within 1 year of the date of easement sale, and shall

be included in the annual report described in § 138e.203 (relating to annual

report) no later than the first annual report following that 1-year period.

(b) Written notice of an inspection to be conducted under subsection (a) shall be

mailed by certified mail to the owner at least 10 days prior to the inspection.

(c) An inspection conducted under subsection (a) shall be performed between the

hours of 8 a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by

the Commonwealth, or a date and time agreeable to the county and the landowner. 2

(d) Within 10 days of conducting an inspection under subsection (a), the county

board shall prepare a written inspection report setting forth the following

information:

(1) The identification of the land inspected.

2 This document was revised July 10, 2013, to reflect Act 19 of 2013, which took effect June 24, 2013 and

which: (1) added subparagraph 14.1(b)(2)(xvii) to the Agricultural Area Security Law (at 3 P.S. §

914.1(b)(2)(xvii)) to require ACE inspections at 2-year intervals; and (2) abrogated the regulation at 7 Pa.

Code §§ 138e.202(a), (b), (c) and (e) and 138e.203(1).

48

(2) The name of the owner of the farmland at the time the easement was

originally acquired and the name of the current owner of the land inspected.

(3) A description of modifications in the number, type, location or use of any

structures on the land since the date of the filing of the deed of easement.

(4) A description of deviations from the conservation plan observed on the

restricted land.

(5) A statement of whether the provisions of the deed of easement are being

observed.

(6) A statement indicating whether a structure permitted under section

14.1(c)(6)(iv) of the act (3 P. S. § 914.1(c)(6)(iv)) has been constructed on the

restricted land and, if such a structure has been constructed, the month and year

construction was completed and a description of the structure and its location on

the land.

(e) A copy of the inspection report shall be mailed by certified mail to the owner. 3

(f) The county board and the State Board may inspect the restricted land, jointly

or severally, without prior notice if they have reasonable cause to believe that any

provision of the easement has been or is being violated.

§ 138e.203. Annual report.

The county board shall file the following with the State Board by March 1 of

each year:

(1) A copy of inspection reports for inspections conducted during the prior

year.4

(2) An annual report which summarizes the number of inspections, violations

detected, violations resolved and the circumstances surrounding unresolved

violations.

§ 138e.204. Enforcement.

(a) The county board shall enforce the terms of each easement purchased within

the county under the act, whether it be a local government unit, county, State or

joint purchase.

3 This document was revised July 10, 2013, to reflect Act 19 of 2013, which took effect June 24, 2013 and

which: (1) added subparagraph 14.1(b)(2)(xvii) to the Agricultural Area Security Law (at 3 P.S. §

914.1(b)(2)(xvii)) to require ACE inspections at 2-year intervals; and (2) abrogated the regulation at 7 Pa.

Code §§ 138e.202(a), (b), (c) and (e) and 138e.203(1).

4 See preceding footnote.

49

(b) The State Board may enforce the terms of State or jointly purchased

easements.

(c) The right of the State Board to enforce the terms of an easement may be

exercised either jointly with the county board or by the State Board acting on its

own behalf.

§ 138e.205. Notification to owner.

(a) Within 10 days of the discovery of a violation of the terms of an easement,

the county board shall send written notice of the violation to the owner of the

restricted land, the county governing body and the State Board.

(b) The written notice required by this section shall be sent by certified mail and

shall set forth the following information:

(1) A copy of the inspection report.

(2) A copy of the deed of easement.

(3) A description of the action or condition which constitutes the alleged

violation.

(4) A statement of the measures necessary to correct the alleged violation.

§ 138e.206. Enforcement actions.

(a) Sixty days after the mailing of a notice of violation under § 138e.205

(relating to notification to owner), the county board shall commence and

prosecute an action in the court of common pleas of the county in which the

restricted land is located seeking an order requiring correction of the violation,

enjoining further violation of the terms of the easement, and other appropriate

relief, unless the county board does one of the following:

(1) Determines with the State Board that the violation has been corrected.

(2) Completes the following requirements:

(i) Determines that the owner of the restricted land has commenced the

necessary corrective measures, or determines that the necessary corrective

measures cannot reasonably be completed within the 60-day period described in

this subsection.

(ii) Established a period not to exceed 1 year within which the corrective

measures shall be completed.

(b) The county board shall commence and prosecute the enforcement action

described in subsection (a) if the violation is not corrected within the time

established under subsection (a)(2)(ii).

50

(c) The owner of the restricted land shall bear the costs associated with the

correction of a violation of the easement, including:

(1) Costs of work required and materials used to correct the violation.

(2) Administrative costs incurred by the county board and the State Board.

(3) Court costs and reasonable attorneys’ fees incurred by the county board and

the State Board in enforcing the easement.

(d) If the county board fails to institute and prosecute a timely enforcement

action, the State Board may institute the action and recover costs incurred,

including reasonable attorneys’ fees, from the county board or the owner of the

restricted land, or both.

§ 138e.207. County board’s duties with respect to change of ownership.

(a) The county board is encouraged to provide the State Board with a copy of

any proposed deed under which an ownership interest in restricted land is to be

conveyed prior to execution of the deed. The county board shall provide the State

Board with a copy of a deed conveying an ownership interest in restricted land no

later than 20 days of learning of the change in ownership.

(b) As part of its enforcement responsibility, the county board shall ensure that a

deed conveying an interest in the restricted land sets forth the language of the

easement restrictions verbatim.

RESPONSIBILITY OF OWNER

§ 138e.221. Permitted acts.

During the term of the easement, the restricted land shall be used solely for

agricultural production or other uses permitted by the act.

§ 138e.222. Conservation plan.

(a) The county board shall require the owner of land being considered for

agricultural conservation easement purchase to do the following:

(1) Before the county board recommends approval of the easement purchase to

the State Board, obtain a conservation plan approved by the county conservation

district or the county board for the land that would be subject to the agricultural

conservation easement.

(2) As part of the settlement documents described in § 138e.93 (relating to

postsettlement recording and reporting procedures), execute a conservation plan

agreement form containing the following:

(i) The name, address and telephone number of the landowners.

(ii) The location of the land.

51

(iii) The acreage of the land.

(iv) An acknowledgement that the deed of agricultural conservation easement

requires that all agricultural production on the subject land be conducted in

accordance with the conservation plan.

(v) An acknowledgement that a conservation plan exists with respect to the

land, together with the following:

(A) The source of the conservation plan (typically, the county conservation

district).

(B) An identifying number given the conservation plan.

(C) The date of the conservation plan.

(vi) An acknowledgement that the landowners agree to comply with the

conservation practices and implementation schedule in the conservation plan, and

an acknowledgement that failure to so comply would be a violation of the terms

of the deed of agricultural conservation easement.

(vii) The signature of the landowners.

(b) In addition to the requirements established by the county conservation

district or the county board, the conservation plan shall meet the definitional

requirement of a conservation plan in § 138e.3 (relating to definitions) and also

require that:

(1) The use of the land for agricultural production, such as growing sod,

nursery stock, ornamental trees and shrubs does not remove excessive soil from

the restricted land.

(2) The excavation of soil, sand, gravel, stone or other materials for use in

agricultural production on the restricted land is conducted in a location and

manner that preserves the economic viability of the restricted land for agricultural

production.

(3) The mining of minerals is conducted only through the use of methods

authorized in the act.

§ 138e.223. Construction of buildings; changes in use.

(a) New buildings or structures. The construction or use of a building or other

structure on the restricted land other than a building or structure existing on the

date of the granting of the easement is prohibited, except that:

(1) The erection of fences for agricultural production and protection of

watercourses such as lakes, streams, springs and reservoirs is permitted.

(2) The construction of one additional residential structure is permitted under

§ 138e.224 (relating to construction of one additional residential structure).

52

(3) The construction or use of a building or other structure for agricultural

production is permitted. The county program may restrict the maximum building

coverage.

(4) The replacement of a residential structure existing on the restricted land on

the date of the granting of the easement is permitted if the preexisting residential

structure is razed or removed and the replacement residential structure is erected

within the curtilage of the residential structure it replaces.

(b) Existing buildings or structures.

(1) A renovation or modification of an existing residential structure, or an

addition to an existing residential structure, is permitted if it would not increase

the curtilage of the residential structure.

(2) A renovation or modification of an existing agricultural building or

structure, or an addition to an existing agricultural building or structure, is

permitted. The county program may restrict the maximum building coverage.

§ 138e.224. Construction of one additional residential structure.

(a) General. In addition to the structures existing on the restricted land on the

date of the granting of the easement, one additional residential structure may be

constructed on the restricted land if the following apply:

(1) The residential structure is constructed and used as the landowner’s

principal residence or for the purpose of providing necessary housing for seasonal

or full-time farm employes.

(2) No other residential structure has been constructed on the restricted land,

under authority of section 14.1(c)(6)(iv) of the act (3 P. S. § 914.1(c)(6)(iv)) and

this section, after the date of the granting of the easement.

(3) The residential structure and its curtilage occupy no more than 2 acres of

the restricted land.

(b) Replacement of structures. The replacement of a residential structure

constructed under authority of section 14.1(c)(6)(iv) of the act and this section is

permitted.

(c) Reservation of right to construct after subdivision. If the restricted land is

subdivided prior to the construction of a residential structure under authority of

section 14.1(c)(6)(iv) of the act and this section, the landowner shall do the

following:

(1) Inform the county board of the specific subdivided tract with respect to

which the right to construct and use such a residential structure is reserved.

(2) Ensure that the deed to the subdivided tract with respect to which the right

to construct and use the residential structure is reserved clearly sets forth the

reservation of this right.

53

(3) Ensure that the deeds to the remaining subdivided tracts recite that no

residential structure may be constructed on the remaining subdivided tracts.

§ 138e.225. Subdivision of restricted land.

(a) Authority to prohibit subdivision. A county program may prohibit the

subdivision of restricted land if the landowner can accomplish the construction

and use of a principal residence or housing for seasonal or full-time farm

employes in accordance with section 14.1(c)(6)(iv) of the act (3 P. S.

§ 914.1(c)(6)(iv)), under the applicable subdivision and land development

ordinance, by a land development other than subdivision.

(b) Discretion to allow subdivision. A county program may allow the

subdivision of restricted land, and may place restrictions or conditions upon

subdivision.

(c) Preservation of economic viability for agricultural production. Subsection

(b) notwithstanding, a county program may not permit a subdivision which would

harm the economic viability of the farmland for agricultural production.

(d) Prevention of conversion to nonagricultural use; exception. Subsection (b)

notwithstanding, a county program may not permit a subdivision which would

convert land which has been devoted primarily to agricultural use to another

primary use except that, without regard to this requirement, a county program

may permit one tract to be created by subdivision for the purpose of the

construction of a principal residence for the landowner or an immediate family

member.

(e) Notice to landowner. A county board shall do at least one of the following:

(1) File its county program, or that portion setting forth prohibitions or

restrictions with respect to subdivision of restricted land, at the Office of Recorder

of Deeds for that county, and reference the place of filing of these prohibitions or

restrictions in the deed of agricultural conservation easement.

(2) Recite the prohibitions or restrictions with respect to subdivision verbatim

in the deed of agricultural conservation easement.

§ 138e.226. Procedure for review of request to subdivide restricted land.

A landowner may obtain review of a request for approval to subdivide a tract of

restricted land in accordance with the following procedure:

(1) The landowner shall submit an application to the county board, in a form

and manner prescribed by the county board, requesting review and approval of the

subdivision of a tract of restricted land.

(2) The county board shall note the date upon which the application is received.

(3) Upon receipt of the application, the county board shall forward written

notice of the application to the county zoning office (if such an office exists),

54

county planning office and county farmland preservation office. For purposes of

this subsection, the foregoing offices shall be referred to as the ‘‘reviewing

agencies.’’

(4) The county board shall note the date upon which each reviewing agency

receives the written notice described in paragraph (3).

(5) Each reviewing agency shall have 60 days from receipt of the written notice

described in paragraph (3) within which to review, comment and make

recommendations on the proposed application to the county board. The county

board may not consider comments and recommendations received beyond this

deadline unless the landowner agrees in writing.

(6) The county board shall have 120 days from receipt of the application for

approval to subdivide within which to review the application, review comments

and recommendations submitted by the reviewing agencies and approve or reject

the application. This 120-day deadline may be extended by the mutual agreement

of the landowner and the reviewing agencies. If the county board fails to approve

or reject an application within the 120-day deadline or an extension thereof, the

application shall be deemed approved.

(7) If the application is rejected by the county board, the county board shall

return the application and a written statement of the reasons for the rejection to

the landowner. Within 30 days after receipt of the statement of rejection, the

landowner may appeal the rejection in accordance with 2 Pa.C.S. Chapter 5

Subchapter B (relating to practice and procedure of local agencies) and Chapter 7

Subchapter B (relating to judicial review of local agency action.)

(8) If the application is approved by the county board, the county board shall

promptly forward a copy of the application and the comments and

recommendations of the reviewing agencies to the State Board for review and

approval or disapproval.

(9) The State Board will provide the county board and the landowner with

written notice of the date, time and location of the meeting at which the State

Board shall review and consider the application. This notice will be forwarded by

regular mail at least 14 days in advance of the State Board meeting.

(10) In its review of an application requesting approval of the subdivision of a

tract of restricted land, the State Board will consider only whether the application

complies with the conditions under which subdivisions are permitted by the

county program.

(11) The State Board will provide both the county board and the landowner

with written notice of its decision regarding the application for approval of the

subdivision of a tract of restricted land. If the application is disapproved, the

notice shall contain a statement of the reasons the application does not comply

with the conditions under which subdivisions are permitted by the county

program.

§ 138e.227. Landowner’s duties with respect to change of ownership.

55

(a) A deed conveying an interest in the restricted land shall set forth the language

of the easement restrictions verbatim.

(b) Within 30 days of a change in ownership of the restricted land, the prior

owner shall notify the county board and the Department of the name and address

of the new owner, provide each a copy of the deed, provide a statement of the

price per acre or portion thereof involved in the transfer and a reference to the

volume and page in which the transfer has been recorded by the county recorder

of deeds.

DEED OF AGRICULTURAL CONSERVATION

EASEMENT

§ 138e.241. Deed clauses.

The Deed of Agricultural Conservation Easement delivered in connection with

the purchase of an easement shall identify the owner of the farmland tract as

grantor and either the Commonwealth or the county, or both, as grantee and

contain the following provisions and additional, consistent provisions approved

by the State Board:

(1) A granting clause stating:

NOW THEREFORE, in consideration of the sum of ____ Dollars, the receipt

and sufficiency of which is hereby acknowledged, Grantor does voluntarily grant,

bargain and sell, and convey to the Grantee, its successors and assigns, and

Grantee voluntarily accepts, an agricultural conservation easement in the subject

land, under and subject to the act and the following terms and conditions:

(2) A clause restricting use of the land to specific permitted acts as follows:

Permitted Acts—During the term of the agricultural conservation easement

conveyed herein, the subject land shall be used solely for the production for

commercial purposes of crops, livestock and livestock products, including the

processing or retail marketing of such crops, livestock or livestock products if

more than 50 percent of such processed or merchandised products are produced

by the farm operator (hereinafter ‘‘agricultural production’’). For purposes of this

Deed, ‘‘crops, livestock and livestock products’’ include, but are not limited to:

(i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry

beans;

(ii) Fruits, including apples, peaches, grapes, cherries and berries;

(iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets,

onions and mushrooms;

(iv) Horticultural specialties, including nursery stock, ornamental shrubs,

ornamental trees and flowers;

56

(v) Livestock and livestock products, including cattle, sheep, hogs, goats,

horses, poultry, furbearing animals, milk, eggs and furs;

(vi) Timber, wood and other wood products derived from trees; and

(vii) Aquatic plants and animals and their byproducts.

Except as permitted in this Deed, neither Grantor nor his agents, heirs,

executors, administrators, successors and assigns, nor any person, partnership

corporation or other entity claiming title under or through Grantor, or their agents,

shall suffer, permit, or perform any activity on the subject land other than

agricultural production.

Construction of buildings and other structures—The construction or use of any

building or other structure on the subject land other than as existing on the date of

the delivery of this Deed is prohibited except that:

(i) The erection of fences for agricultural production and protection of

watercourses such as lakes, streams, springs and reservoirs is permitted.

(ii) The construction of one additional residential structure is permitted if:

(A) The residential structure is constructed and used as the landowner’s

principal residence or for the purpose of providing necessary housing for seasonal

or full-time farm employes;

(B) No other residential structure has been constructed on the restricted land

at any time since the granting of the easement;

(C) The residential structure and its curtilage occupy no more than 2 acres of

the subject land, and;

(D) The location of the residential structure and its driveway will not harm

the economic viability of the subject land for agricultural production.

(iii) The construction or use of any building or other structure for agriculture

production, or the renovation or modification of an existing agricultural structure,

is permitted, but the maximum building coverage may be restricted if the County

Agricultural Conservation Easement Purchase Program approved by the State

Board (hereinafter ‘‘county program’’) imposes such a restriction.

(iv) The replacement of a residential structure existing on the restricted land

on the date of the granting of the easement is permitted if the preexisting

residential structure is razed or removed and the replacement residential structure

is erected within the curtilage of the residential structure it replaces.

(v) The renovation or modification of an existing residential structure, or an

addition to an existing residential structure, is permitted if it would not increase

the curtilage of the residential structure.

Subdivision—The subject land may be subdivided if subdividing will not : 1)

Harm the economic viability of the subject land for agricultural production; or 2)

57

Convert land which has been primarily devoted to agricultural use to some other

use, unless the subdivision is for the purpose of the construction of a principal

residence for the landowner or an immediate family member and the county

program permits one tract to be created by subdivision for this purpose; or 3)

Violate any provision of the county program. If the subject land is subdivided, the

deed to the subdivided tract with respect to which the right to construct and use a

residential structure is reserved shall clearly set forth the reservation of this right,

and the deeds to all other parcels shall recite that no additional residential

structure is permitted.

Utilities—The granting of rights-of-way by the Grantor, his heirs, executors,

administrators, successors and assigns, or any person, partnership, corporation or

other entity claiming title under or through Grantor in and through the subject

land for the installation of, transportation of, or use of, lines for water, sewage,

electric, telephone, coal by underground mining methods, gas, oil or oil products

is permitted. The term ‘‘granting of rights-of-way’’ includes the right to construct

or install such lines. The construction or installation of utility lines or facilities

other than of the type stated in this paragraph is prohibited on the subject land.

Mining—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 coal, oil or gas are permitted.

Rural Enterprises—Customary part-time or off-season minor or rural

enterprises and activities which are provided for in the county program are

permitted.

Soil and Water Conservation—All agricultural production on the subject land

shall be conducted in accordance with a conservation plan approved by the

County Conservation District or the county board. Such plan shall be updated

every 10 years and upon any change in the basic type of agricultural production

being conducted on the subject land. In addition to the requirements established

by the County Conservation District or the county board the conservation plan

shall include an installation schedule and maintenance program and a nutrient

management component which, when completely implemented, will improve and

maintain the soil, water and related plant and animal resources of the land and

require that:

(i) The use of the land for growing sod, nursery stock, ornamental trees, and

shrubs does not remove excessive soil from the subject land; and

(ii) The excavation of soil, sand, gravel, stone or other materials for use in

agricultural production on the land is conducted in a location and manner that

does not harm the economic viability of the land for agricultural production.

(3) An enforcement clause stating that:

58

At intervals of no greater than 1 year the Grantee(s), its/their successor(s),

assign(s) or designee(s) shall have the right to enter the subject land for the

purpose of inspecting to determine whether the provisions of this Deed are being

observed. Written notice of an inspection shall be mailed, by certified mail, to the

Grantor, his heirs, executors, administrators, successors or assigns at least 10 days

prior to the inspection. An inspection shall be conducted between the hours of 8

a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the

Commonwealth of Pennsylvania or at a date and time agreeable to the county and

the landowner.

Grantee(s), its/their successor(s), assign(s) or designee(s) shall also have the

right to inspect the subject land at any time, without prior notice, if it/they

has/have reasonable cause to believe the provisions of this Deed have been or are

being violated.

Grantor acknowledges that any violation of the terms of this Deed shall entitle

Grantee(s), its/their successor(s), assign(s) or designee(s) to obtain injunction

against such violation from a court of competent jurisdiction along with an order

requiring Grantor, his heirs, executors, administrators, successors or assigns to

restore the subject land to the condition it was in prior to the violation, and

recover any costs or damages incurred including reasonable attorney’s fees. Such

relief may be sought jointly, severally, or serially.

(4) A clause stating that: The easement is granted in perpetuity as the

equivalent of a covenant running with the land.

(5) A clause stating that: Every provision of this Deed applicable to Grantor

shall apply to Grantor’s heirs, executors, administrators, successors, assigns,

agents, and any person, partnership, corporation or other entity claiming title

under or through Grantor.

(6) A clause setting forth the obligation of the Grantor upon conveyance of the

farmland tract as follows:

Conveyance Or Transfer of the Subject Land—Grantor, his heirs, executors,

administrators, successors or assigns, and any person, partnership, corporation, or

other entity claiming title under or through Grantor, shall, within thirty days of a

change in ownership or within any lesser period prescribed in the county program,

notify the county agricultural land preservation board and the Pennsylvania

Department of Agriculture in writing of any conveyance of transfer of ownership

of the subject land. Such notification shall set forth the name, address and

telephone number of the Grantor and the party or parties to whom ownership of

the subject land has been conveyed or transferred, and the price per acre or any

portion thereof.

This obligation shall apply to any change in ownership of the subject land.

Whenever interest in the subject land is conveyed or transferred to another person,

the deed conveying or transferring such land shall recite in verbatim the language

of the easement as set forth in this deed.

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(7) A clause stating that: Terms and provisions of this deed shall be interpreted

in accordance with the provisions of the Agricultural Area Security Law, the

regulations at 7 Pennsylvania Code Chapter 138e and the county program.

(8) A habendum clause.

LAND TRUST REIMBURSEMENT GRANT PROGRAM

§ 138e.251. Program in general.

Section 14.5(a)(3) of the act (3 P. S. § 914.5(a)(3)) authorizes the expenditure of

up to $500,000 from the Supplemental Agricultural Conservation Easement

Purchase Account to reimburse eligible land trusts for expenses incurred in the

acquisition of agricultural conservation easements in this Commonwealth.

Sections 138e.252—138e.256 describe the procedures and standards under which

this reimbursement shall occur under the Land Trust Reimbursement Grant

Program.

§ 138e.252. Eligibility of a land trust to register for reimbursement grants.

To be eligible to register with the State Board in accordance with § 138e.253

(relating to registration of eligible land trust) and to receive reimbursement grants

under the Land Trust Reimbursement Grant Program, a land trust shall be a tax-

exempt institution under section 501(c)(3) of the Internal Revenue Code of 1986

(26 U.S.C.A. § 501(c)(3)) and include the acquisition of agricultural conservation

easements or other conservation easements in its stated purpose.

§ 138e.253. Registration of eligible land trust.

(a) Registration required. An eligible land trust seeking reimbursement grants

under the Land Trust Reimbursement Grant Program shall register with the State

Board. Registration shall be accomplished by delivering a registration letter to the

following address: Pennsylvania Department of Agriculture, ATTN: Bureau of

Farmland Preservation, 2301 North Cameron Street, Harrisburg, Pennsylvania

17110-9408.

(b) Contents of registration letter. A registration letter shall:

(1) Set forth a request that the eligible land trust be registered with the State

Board for the purpose of receiving reimbursement grants under the Land Trust

Reimbursement Grant Program.

(2) Be signed by the president or other appropriate authorized officer of the

eligible land trust.

(3) Have the following documentation enclosed:

(i) A copy of the section 501(c)(3) tax-exempt certification issued to the land

trust by the Internal Revenue Service, or any other documentation demonstrating

the section 501(c)(3) tax-exempt status of the land trust.

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(ii) Documentation, such as a certified copy of the corporate bylaws,

demonstrating that the land trust has the acquisition of agricultural conservation

easements or other conservation easements as its stated purpose.

(4) If the eligible land trust seeks to be registered to receive reimbursement

grants with respect to agricultural conservation easements it acquires in a county

that is an eligible county (as that term is defined in § 138e.3 (relating to

definitions)), have enclosed a letter from either the director or the chairperson of

the county board of the eligible county, verifying that the land trust coordinates its

farmland preservation activities with the farmland preservation activities of the

county.

(5) If an eligible land trust seeks to be registered to receive reimbursement

grants with respect to agricultural conservation easements it acquires in a county

that is not an eligible county (as that term is defined in § 138e.3), have enclosed a

written explanation of the procedures it will follow to coordinate with the State

Board on the easement acquisitions.

(c) Acknowledgement of registration. The Department will provide an eligible

land trust that delivers a complete registration letter as described in subsection (b)

with written confirmation that the eligible land trust is registered to receive

reimbursement grants under the Land Trust Reimbursement Grant Program,

together with an application for reimbursement grant form as described in

§ 138e.254 (relating to applying for a reimbursement grant).

§ 138e.254. Applying for a reimbursement grant.

(a) Application for reimbursement grant; timing. If an eligible land trust is

registered in accordance with § 138e.253 (relating to registration of eligible land

trust), and seeks a reimbursement grant with respect to the acquisition of an

agricultural conservation easement, it shall do the following:

(1) Complete an application for reimbursement grant form as described in

subsection (b).

(2) Deliver the completed application to the State Board, at the address in

§ 138e.253(a), within 60 days of closing on the acquisition of the agricultural

conservation easement with respect to which the reimbursement grant is sought.

(b) Obtaining an application for reimbursement grant form. Reimbursement

grant application forms may be downloaded from the Department’s website

address: www.pda.state.pa.us. The Department will also provide reimbursement

grant application forms upon written request to the address in § 138e.253(a), or

upon requests telephoned to the Department, at (717) 783-3167. The Department

will also enclose a reimbursement grant application form with any

acknowledgement of registration it issues under § 138e.253(c).

(c) Content of a complete application for a reimbursement grant. A complete

application for a reimbursement grant shall contain the following:

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(1) A request for reimbursement of costs incidental to the acquisition of an

agricultural conservation easement.

(2) A statement of the costs (such as, costs of appraisals, legal services, title

searches, document preparation, title insurance, closing fees and surveys)

incidental to the acquisition of the agricultural conservation easement.

(3) A true and correct copy of the recorded deed of agricultural conservation

easement.

§ 138e.255. State Board review of applications.

(a) Department’s responsibility. The Department will stamp or otherwise

identify every complete reimbursement grant application form to record the date it

is received and the relative order in which these applications are received.

(b) State Board review. The State Board will consider reimbursement grant

applications in the order in which the Department received them. The State Board

will review any complete, timely application within 60 days of receipt. The State

Board may not approve a reimbursement grant application unless all of the

following criteria are met:

(1) The application meets the requirements of section 14.5(a)(3) of the act (3 P.

S. § 914.5(a)(3)).

(2) The land use restrictions imposed under the deed of agricultural

conservation easement are comparable to restrictions imposed under a deed of

agricultural conservation easement acquired in accordance with the act, as

described in § 138e.241 (relating to deed clauses).

(3) The land subject to the agricultural conservation easement is within an

agricultural security area.

(4) There are sufficient unencumbered funds available to fund the

reimbursement grant amount sought in the reimbursement grant application.

§ 138e.256. Decision of the State Board.

The State Board will, within 10 days of completing its review, mail a

reimbursement grant applicant written notice as to whether the reimbursement

grant application is approved. If the application is not approved, the written notice

will specify the basis for disapproval.

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Appendix A—Farmland Banking System—LESA Banking System

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Appendix B

FORM C

SOILS REPORT

APPENDIX L

COMMERCIAL EQUINE ACTIVITIES AMENDMENT

BEDFORD COUNTY AGRICULTURAL LAND PRESERVATION PROGRAM AMENDMENT In accordance with the regulations at 7 PA Code §138e.43 (relating to revision of county programs), the county board, hereby, revises the County Agricultural Land Preservation Program in compliance with Act 61 of 2005 amendments of the Agricultural Area Security Law, Act 43 to take affect for the 2006 applicants. This Act is retroactive and applies to easements executed after June 29, 1981. The revisions to the county program are described by section.

DEFINITIONS Commercial Equine Activity The term includes the following activities where a fee is collected: the boarding of equines, training of equines, the instruction of people in handling, driving or riding equines, the use of equines for riding or driving purposes, the pasturing of equines. The term does not include horse activity licensed under the act of December 17, 1981 (P.L. 435, No. 135), known as the “Race Horse Industry Reform Act.” Agricultural Security Areas Section 14.05(a) of Act 43 is amended to include “or of viable agricultural land a portion of which is used for commercial equine activity,” to the first sentence of this section. COUNTY PROGRAM Sections 14.1(B)(2)(I) and (C)(6) of Act 43 are amended to include “establishing minimum criteria for eligibility of viable agricultural land a portion of which is used for commercial equine activity.” RESTRICTIONS AND LIMITATIONS Section 14.1(C)(6)(iii) of Act 43 is amended to allow “Construction and use of structures on the subject land necessary for agricultural production” or a commercial equine activity.” Section 14.1(C)(6)(VI) of Act 43 allows for “Commercial equine activity on the subject land.” AMENDMENT OR ADDITION OF SECTION Section 4 of Act 61 of 2005 states, “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.”

APPENDIX M

BEDFORD COUNTY AGRICULTURAL LAND PRESERVATION BOARD AGRICULTURAL CONSERVATION EASEMENT APPLICATION

APPLICANT INFORMATION (PLEASE PROVIDE INFORMATION FOR ALL PARTIES ON THE DEED)

Owner Name:

Address:

City: ZIP Code:

Owner Name:

Address:

City: ZIP Code:

Owner Name:

Address:

City: ZIP Code:

Owner Name:

Address:

City: ZIP Code:

CONTACT PERSON

Name: Address:

City: State: ZIP Code:

Phone: Email:

LAND INFORMATION

Farm Address:

City: ZIP Code: Municipality:

Please provide directions to the farm from the nearest state route:

Parcel Number(s):

Deed Book/Deed Page Number(s) for each Parcel(ex. Book100/Page10):

Total Acreage of the farm: Acreage of the tract in consideration for Easement Purchase:

Acreage of Soils in Classes I-IV: Acreage in Crops/Grazing/Pasture:

Is the Farm Within an Agricultural Security Area? (Yes/No): Municipality that Adopted the ASA and the date of adoption:


Date of Nutrient Management Plan: Date of Conservation Plan:

CROP INFORMATION (MOST RECENT CROP YEAR)

Type Acres Grown

LIVESTOCK INFORMATION (REPORT FOR MOST RECENT CALENDAR YEAR)

Livestock Average Number

MORTGAGES, LIENS, AND MINERAL RIGHTS

Mortgage Lender(s):

Lien Holder(s): Mineral Rights (Include Owner’s Name):



The County Agricultural Land Preservation Board shall:

Review the application for completeness and fulfillment of the state minimum criteria.

If the application is complete and the farm meets the minimum criteria, then the land will be

ranked according to the county’s farmland ranking system.

Make an offer of appraisal based on the scores devised from the ranking system in descending

order. The top ranked farms will receive a “Request for Appraisal” form. (To participate in the program

all owners of the property are required to sign the agreement and forward the agreement to the Bedford County Planning Commission Office with one check for $1,000. (made out to the Bedford County Agricultural Land Preservation Board) to be placed in escrow. After this time, you are committed to covering all our costs if you withdraw from the program. These costs could be considerable, such as $10,000 or more. Make certain you are committed to selling a conservation easement on your farm before you sign the agreement.)

Have an appraisal formulated at the County’s expense.

Determine the Easement Value as the difference between the market value and the farmland

value as stated in the appraisal.

Make an offer of purchase that shall not exceed, but may be less than, the Easement Value. (The

Bedford County Agricultural Land Preservation Board policies state that an easement cannot be purchased for a price greater than $1500 per acre.)

Make a recommendation to the Bureau of Farmland Preservation for purchase of the easement.

SIGNATURES

I/We wish to be considered for an Easement Purchase I/We wish to offer a $1 Bargain Sale of an Easement

By signing this application you acknowledge that all parties understand: agricultural conservation easements restrict and limit the conversion of farmland to nonagricultural use. Easements may be purchased when they are offered voluntarily by the landowner and shall be purchased only in perpetuity. (Agricultural Conservation Easement Purchase

Program regulations promulgated under authority of the Agricultural Area Security Law (Act of June 30. 1981, P.L. 128, No. 43)(3 P.S. §§ 901-915) at 7 Pa. Code Chapter 138e)

Sign: Print: Date:

Sign: Print: Date:

Sign: Print: Date:

Sign: Print: Date:

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