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PRIOR PRINTER'S NO. 1139
PRINTER'S NO. 1778
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
819
Session of
2017
INTRODUCED BY AUMENT, MARTIN, EICHELBERGER, YAW, FOLMER,
RAFFERTY, WARD, BARTOLOTTA, STEFANO, REGAN, VOGEL, YUDICHAK,
RESCHENTHALER, WHITE, MENSCH, VULAKOVICH AND McILHINNEY,
SEPTEMBER 8, 2017
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
MAY 22, 2018
AN ACT
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas," further
providing for definitions and for purchase of agricultural
conservation easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law, is amended
by adding a definition DEFINITIONS to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section, unless the
context clearly indicates otherwise:
* * *
"Agritourism." Activity carried out on land subject to a
conservation easement under this act that provides entertainment
or education to the general public for the purpose of promoting
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agricultural products or farming or rural lifestyles, regardless
of whether or not the general public pays to participate in the
activity including:
(1) interaction with farm or rural animals;
(2) farming or harvesting activities;
(3) tours, exhibitions or taste tests that promote the
farm or on-farm produced products;
(4) bed and breakfast operations or similar lodging
accommodations that encourage engagement with farming or
harvesting activities or the farm's agricultural character or
aesthetic nature;
(5) equine training, teaching or recreational riding;
(6) games, rides and other entertainment activities
normally engaged in by farm families or rural communities;
and
(7) activities carried out in conjunction with seasonal
festivals to promote local agricultural products.
The term does not include rodeos, hunting, water skiing or
tubing, paintball and nonmotorized freestyle, mountain or off-
road bicycling.
"AGRITOURISM ACTIVITY." FARM-RELATED TOURISM OR FARM-RELATED
ENTERTAINMENT ACTIVITY THAT:
(1) TAKES PLACE ON A FARM WHERE AGRICULTURAL,
HORTICULTURAL OR SILVICULTURAL CROPS ARE GROWN OR FARM
ANIMALS, RURAL ANIMALS OR FARMED FISH ARE RAISED; AND
(2) ALLOWS MEMBERS OF THE GENERAL PUBLIC, WHETHER OR NOT
FOR A FEE, TO TOUR, EXPLORE, OBSERVE, LEARN ABOUT,
PARTICIPATE IN OR BE ENTERTAINED BY AN ASPECT OF AGRICULTURAL
PRODUCTION, HARVESTING, HUSBANDRY OR RURAL LIFESTYLE THAT
OCCURS ON THE FARM.
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"ANTICIPATED YEARLY GROSS INCOME." GROSS INCOME NORMALLY
EXPECTED TO BE GENERATED IN ONE YEAR, WITHOUT OCCURRENCE OF A
NATURAL DISASTER OR OTHER OCCURRENCE OR CONDITION BEYOND THE
OPERATOR'S REASONABLE CONTROL.
* * *
"FARM." AN OPERATION COMMERCIALLY ENGAGED IN AGRICULTURE
THAT:
(1) IS 10 OR MORE ACRES IN CONTIGUOUS AREA; OR
(2) HAS AN ANTICIPATED YEARLY GROSS INCOME OF AT LEAST
$2,000 FROM AGRICULTURAL PRODUCTION.
* * *
Section 2. Section 14.1(c)(6)(v) of the act is amended and
paragraph (6) is amended by adding a subparagraph to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(c) Restrictions and limitations.--An agricultural
conservation easement shall be subject to the following terms,
conditions, restrictions and limitations:
* * *
(6) An agricultural conservation easement shall not
prevent:
* * *
(v) Customary part-time or off-season minor or rural
enterprises and activities, other than agritourism
activities, which are provided for in the county
Agricultural Conservation Easement Purchase Program
approved by the State board under subsection (d).
(vi) Agritourism activities that are incidental to a
farm's agricultural use and that do not render a portion
of the restricted land incapable of being immediately
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converted to agricultural use.
(VI) AN AGRITOURISM ACTIVITY THAT:
(A) IS INCIDENTAL TO A FARM'S AGRICULTURAL USE;
(B) DOES NOT RENDER A PORTION OF THE RESTRICTED
LAND INCAPABLE OF BEING IMMEDIATELY CONVERTED TO
AGRICULTURAL USE; AND
(C) HAS BEEN DEEMED TO BE AN AGRITOURISM
ACTIVITY BY A COUNTY BOARD. THE FOLLOWING SHALL
APPLY:
(I) IF AN APPLICATION IS RECEIVED AT LEAST
SEVEN DAYS PRIOR TO THE NEXT SCHEDULED MEETING OF
A COUNTY BOARD, THE APPLICATION SHALL BE
CONSIDERED AT THE SCHEDULED MEETING.
(II) IF AN APPLICATION IS RECEIVED LESS THAN
SEVEN DAYS PRIOR TO THE NEXT SCHEDULED MEETING OF
A COUNTY BOARD, THE APPLICATION SHALL BE
CONSIDERED AT THE NEXT MEETING SUBSEQUENT TO THE
SCHEDULED MEETING.
* * *
Section 3. The amendment of section 14.1(c)(6) of the act
shall apply to agricultural conservation easements executed
after June 29, 1981.
Section 4. This act shall take effect in 60 days.
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