SENATE AMENDED
PRIOR PRINTER'S NOS. 2746, 3808 PRINTER'S NO. 3888
No. 2145 Session of 1978
INTRODUCED BY MESSRS. MORRIS, YAHNER, FRYER, ZELLER, SWEET,
WENGER, MRS. GEORGE, MESSRS. CALTAGIRONE, COLE, STUBAN,
WILT, STAIRS AND MADIGAN, MARCH 15, 1978
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, SEPTEMBER 26,
1978
AN ACT
1 Authorizing the creation of agricultural districts.
2 TABLE OF CONTENTS
3 Section 1. Short title.
4 Section 2. Statement of legislative findings.
5 Section 3. Definitions.
6 Section 4. Agricultural district advisory committee.
7 Section 5. Agricultural districts.
8 Section 6. Public hearings.
9 Section 7. Evaluation criteria.
10 Section 8. Decision on proposed district.
11 Section 9. Review of district.
12 Section 10. Appeals.
13 Section 11. Limitation on local regulations.
14 Section 12. Policy of Commonwealth agencies.
15 Section 13. Limitation on exercise of eminent domain.
16 Section 14. Effective date.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Short title.
4 This act shall be known and may be cited as the "Agricultural
5 District Law."
6 Section 2. Statement of legislative findings.
7 It is the declared policy of the Commonwealth to conserve and
8 protect and to encourage the development and improvement of its
9 agricultural lands for the production of food and other
10 agricultural products. It is also the declared policy of the
11 Commonwealth to conserve and protect agricultural lands as
12 valued natural and ecological resources which provide needed
13 open spaces for clean air sheds, as well as for aesthetic
14 purposes. Article VIII, section 2 of the Constitution of
15 Pennsylvania provides that the General Assembly may, by law,
16 establish standards and qualifications for agricultural
17 reserves. Agriculture in many parts of the Commonwealth is under
18 urban pressure from expanding metropolitan areas. This urban
19 pressure takes the form of scattered development in wide belts
20 around urban areas, and brings conflicting land uses into
21 juxtaposition, creates high costs for public services, and
22 stimulates land speculation. When this scattered development
23 extends into good farm areas, ordinances inhibiting farming tend
24 to follow, farm taxes rise, and hopes for speculative gains
25 discourage investments in farm improvements. Many of the
26 agricultural lands in the Commonwealth are in jeopardy of being
27 lost for any agricultural purposes. Certain of these lands
28 constitute unique and irreplaceable land resources of Statewide
29 importance. It is the purpose of this act to provide a means by
30 which agricultural land may be protected and enhanced as a
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1 viable segment of the Commonwealth's economy and as an economic
2 and environmental resource of major importance.
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section, unless the
6 context clearly indicates otherwise:
7 "Agricultural production." The production for commercial
8 purposes of crops, livestock and livestock products, but not
9 land or portions thereof used for processing or retail
10 merchandising of such crops, livestock or livestock products.
11 "Advisory committee." An agricultural district advisory
12 committee.
13 "County commissioners." Includes the city council of a city <--
14 of the first class.
15 "Crops, livestock and livestock products." Include but are
16 not limited to:
17 (1) Field crops, including corn, wheat, oats, rye,
18 barley, hay, potatoes, dry beans.
19 (2) Fruits, including apples, peaches, grapes, cherries,
20 berries.
21 (3) Vegetables, including tomatoes, snap beans, cabbage,
22 carrots, beets, onions and mushrooms.
23 (4) Horticultural specialties, including nursery stock
24 ornamental shrubs, ornamental trees and flowers.
25 (5) Livestock and livestock products, including cattle,
26 sheep, hogs, goats, horses, poultry, furbearing animals,
27 milk, eggs and furs.
28 "GOVERNING BODY." THE GOVERNING BODY OF A LOCAL GOVERNMENT. <--
29 "LOCAL GOVERNMENT UNIT." ANY CITY, BOROUGH, TOWNSHIP AND
30 TOWN.
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1 "Planning commission." A county LOCAL GOVERNMENT planning <--
2 commission.
3 "Viable agricultural land." Land suitable for agricultural
4 production and which will continue to be economically feasible
5 for such use if real estate taxes, farm use restrictions, and
6 speculative activities are limited to levels approximating those
7 in commercial agricultural areas not influenced by the proximity
8 of urban and related nonagricultural development.
9 Section 4. Agricultural district advisory committee.
10 The county commissioners of any county GOVERNING BODY OF ANY <--
11 LOCAL GOVERNMENT may establish an agricultural district advisory
12 committee which shall consist of four active farmers and four
13 agribusinessmen residing within the county and one county <--
14 commissioner, UNIT OF LOCAL GOVERNMENT AND ONE MEMBER OF THE <--
15 GOVERNING BODY OF SUCH LOCAL GOVERNMENT, who shall serve as the
16 chairman of the committee. Such a committee shall be established
17 when a petition is received by the county commissioners <--
18 GOVERNING BODY for the creation of an agricultural district. <--
19 Pursuant to this act the members of such committee shall be
20 appointed by and shall serve at the pleasure of the chairman of
21 the county commissioners GOVERNING BODY. The members shall serve <--
22 without salary, but the county commissioners GOVERNING BODY may <--
23 entitle each such member to reimbursement for his actual and
24 necessary expenses incurred in the performance of his official
25 duties. Such committee shall advise the county commissioners <--
26 GOVERNING BODY and work with the planning commission in relation <--
27 to the proposed establishment, modification, and termination of
28 agricultural districts. In particular, the committee shall
29 render expert advice relating to the desirability of such
30 action, including advice as to the nature of farming and farm
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1 resources within the proposed area and the relation of farming
2 in such area to the county LOCAL GOVERNMENT UNIT as a whole. <--
3 Section 5. Agricultural districts.
4 (a) Proposals for creation.--Any owner or owners of land may
5 submit a proposal to the county commissioners GOVERNING BODY for <--
6 the creation of an agricultural district within such county, <--
7 LOCAL GOVERNMENT UNIT, provided that such owner or owners own at <--
8 least 500 acres or at least 10% of the land proposed to be
9 included in the district, whichever is greater. The proposed
10 district may also consist of two or more noncontiguous parcels
11 or areas. Such proposal shall be submitted in such manner and
12 form as may be prescribed by the county commissioners of the <--
13 county GOVERNING BODY OF THE LOCAL GOVERNMENT UNIT wherein the <--
14 proposed district is situated and shall include a description of
15 the proposed district, including the boundaries thereof. If the
16 proposed district is situated in more than one county, LOCAL <--
17 GOVERNMENT UNIT, the proposal shall be submitted to the
18 commissioners of all counties THE GOVERNING BODIES OF ALL LOCAL <--
19 GOVERNMENT UNITS affected.
20 (b) Notice.--Upon the receipt of such a proposal, the county <--
21 commissioners GOVERNING BODY shall thereupon provide notice of <--
22 such proposal by publishing a notice in a newspaper having
23 general circulation within the proposed district and by posting
24 such notice in five conspicuous places within, adjacent or near
25 to the proposed district. The notice shall contain the following
26 information:
27 (1) A statement that a proposal for an agricultural
28 district has been filed with the county commissioners <--
29 GOVERNING BODY pursuant to this act. <--
30 (2) A statement that the proposal will be on file open
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1 to public inspection in the recorder of deeds office. OFFICE <--
2 OF THE LOCAL GOVERNMENT UNIT.
3 (3) A statement that any municipality whose territory
4 encompasses the proposed district, or any landowner who owns
5 at least 10% of the land proposed to be included within the
6 proposed district, or any landowner with lands adjacent or
7 near to the proposed district who wishes such lands to be
8 included therein, may propose modifications of the proposed
9 district in such form and manner as may be prescribed by the
10 county commissioners GOVERNING BODY. <--
11 (4) A statement that any proposed modification must be
12 filed with the recorder of deeds, GOVERNING BODY AND the <--
13 planning commission and the clerk of the county commissioners <--
14 within 30 days after the publication of such notice.
15 (5) A statement that at the termination of the 30-day
16 period, the proposal and proposed modifications will be
17 submitted to the planning commission and the advisory
18 committee, and that thereafter a public hearing will be held
19 on the proposal, proposed modifications and recommendations
20 of the planning commission and advisory committee.
21 (c) Modification proposals.--The county commissioners <--
22 GOVERNING BODY shall receive any proposals for modifications of <--
23 such proposal which may be submitted by such landowners or
24 municipalities within 30 days after the publication of such
25 notice.
26 (d) Report by planning commission.--The county commissioners <--
27 GOVERNING BODY shall, upon the termination of such 30-day <--
28 period, refer such proposal and proposed modifications to the
29 planning commission, which shall, within 45 days, report to the
30 county commissioners GOVERNING BODY the potential effect of such <--
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1 proposal and proposed modifications upon the county's LOCAL <--
2 GOVERNMENT'S planning policies and objectives.
3 (e) Referral to advisory committee.--The county <--
4 commissioners GOVERNING BODY shall also, upon the termination of <--
5 such 30-day period, refer such proposal and proposed
6 modifications to the agricultural district advisory committee,
7 which shall, within 45 days report to the county commissioners <--
8 GOVERNING BODY its recommendations concerning the proposal and <--
9 proposed modifications.
10 Section 6. Public hearings.
11 (a) Hearings.--The county commissioners GOVERNING BODY,, <--
12 shall upon receipt of the reports from the advisory committee
13 and the planning commission, hold a public hearing relative to
14 the proposed agricultural district.
15 (b) Place of hearing.--The hearing shall be held at a place
16 within the proposed district or otherwise readily accessible to
17 the proposed district.
18 (c) Notice of hearing.--A hearing notice shall be published
19 in a newspaper having a general circulation within the proposed
20 district and shall be given in writing to those municipalities
21 whose territory encompasses the proposed district and any
22 proposed modifications, and by posting such notice in five
23 conspicuous places within, adjacent or near to the proposed
24 district. Such notice shall contain the following information:
25 (1) A statement of the time, date and place of the
26 public hearing.
27 (2) A description of the proposed district, any proposed
28 additions or deletions and any recommendations of the
29 planning commission or advisory committee.
30 (3) A statement that the public hearing will be held
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1 concerning:
2 (i) The original proposal.
3 (ii) Any written amendments proposed during the 30-
4 day review period.
5 (iii) Any recommendations proposed by the
6 agricultural districting advisory committee and the
7 planning commission.
8 Section 7. Evaluation criteria.
9 (a) Factors to be considered.--The following factors shall
10 be considered by the planning commission, advisory committee,
11 and at any public hearing:
12 (1) The viability of active farming within the proposed
13 district and in areas near or adjacent thereto.
14 (2) The presence of any viable farm lands within the
15 proposed district and adjacent thereto that are not now in
16 active farming.
17 (3) The nature and extent of land uses other than active
18 farming within the proposed district and near or adjacent
19 thereto.
20 (4) County LOCAL GOVERNMENT UNIT developmental patterns <--
21 and needs.
22 (5) THE COUNTY'S COMPREHENSIVE PLAN. <--
23 (5) (6) Any other matter which may be relevant. <--
24 (b) Other factors.--In judging viability the following
25 factors shall be considered:
26 (1) Soil.
27 (2) Climate.
28 (3) Topography.
29 (4) Markets for farm products.
30 (5) The extent and nature of farm improvements.
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1 (6) The present status of farming.
2 (7) Anticipated trends in agricultural economic
3 conditions and technology.
4 (8) Any other natural or economic factors as may be
5 relevant.
6 (c) Resource materials.--In considering the viability
7 factors as set forth in this section, various resource materials
8 shall be used, including, but not limited to, the following:
9 (1) Soil surveys of the Pennsylvania State University.
10 (2) Soil surveys and other information provided by the
11 National Cooperative Soil Survey.
12 (3) Soil survey maps prepared by the United States Soil
13 Conservation Service.
14 (4) The United States census of agricultural categories
15 of land use classes.
16 (5) Agricultural viability maps prepared by the
17 Department of Agriculture.
18 (6) Any other relevant published data, maps, charts, or
19 results of soil or land use surveys made by any State or
20 Federal agency.
21 Section 8. Decision on proposed district.
22 (a) Action by county commissioners.--The county <--
23 commissioners, GOVERNING BODY.--THE GOVERNING BODY, after <--
24 receiving the reports of the planning commission and the
25 advisory committee, and after such public hearing, may adopt as
26 a plan the proposal or any modification of the proposal they
27 deem appropriate, including the inclusion, to the extent
28 feasible, of adjacent viable farm lands, and, the exclusion, to
29 the extent feasible, of nonviable farm land and nonfarm land.
30 The county commissioners GOVERNING BODY shall act to adopt or <--
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1 reject the proposal, or any modification of it, no later than
2 180 days from the date the proposal was originally submitted.
3 (b) Effective date of creation of district.--The proposed
4 district, shall become effective upon the adoption of same by
5 the county commissioners. GOVERNING BODY. <--
6 (c) Filing of district description.--Upon the creation of an
7 agricultural district, a description thereof shall be filed by
8 the county commissioners GOVERNING BODY with the recorder of <--
9 deeds and with the planning commission.
10 Section 9. Review of district.
11 The county commissioners GOVERNING BODY shall review any <--
12 district created under this section eight years after the date
13 of its creation and every eight years thereafter. In conducting
14 such review, the county commissioners GOVERNING BODY shall ask <--
15 for the recommendations of the planning commission, THE COUNTY <--
16 PLANNING COMMISSION and the advisory committee, and shall, at
17 least 120 days prior to the end of the eighth year and not more
18 than 180 days prior to such date, hold a public hearing at a
19 place within the district or otherwise readily accessible to the
20 district upon notice in a newspaper having a general circulation
21 within the district by posting in five conspicuous places
22 within, adjacent or near the district and by individual notice,
23 in writing, to those municipalities whose territories encompass
24 the district and the person owning land within the district. The
25 county commissioners GOVERNING BODY after receiving the reports <--
26 of the planning commission, THE COUNTY PLANNING COMMISSION and <--
27 the advisory committee and after the public hearing, may
28 terminate the district at the end of such eight-year period by
29 filing a notice of termination with the recorder of deeds and
30 with the planning commission or may modify the district in the
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1 same manner as is provided in this act for the creation of
2 districts. If the county commissioners do GOVERNING BODY DOES <--
3 not act, or if a modification of a district is rejected, the
4 district shall continue as originally constituted.
5 Section 10. Appeals.
6 Any party in interest aggrieved by a decision or action of
7 the county commissioners GOVERNING BODY relating to the <--
8 creation, composition, modification, rejection or termination of
9 an agricultural district may take an appeal to the court of
10 common pleas, in the manner provided by law within 30 days after
11 such decision or action.
12 Section 11. Limitation on local regulations.
13 No municipality or political subdivision shall exercise any
14 of its powers to enact local laws or ordinances within an
15 agricultural district in a manner which would unreasonably
16 restrict or regulate farm structures or farming practices in
17 contravention of the purposes of the act unless such
18 restrictions or regulations bear a direct relationship to the
19 public health or safety.
20 Section 12. Policy of Commonwealth agencies.
21 It shall be the policy of all Commonwealth agencies to
22 encourage the maintenance of viable farming in agricultural
23 districts and their administrative regulations and procedures
24 shall be modified to this end insofar as is consistent with the
25 promotion of public health and safety, with the provisions of
26 any Federal statutes, standards, criteria, rules, regulations,
27 or policies, and any other requirements of Federal agencies,
28 including provisions applicable only to obtaining Federal
29 grants, loans, or other funding.
30 Section 13. Limitation on exercise of eminent domain.
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1 (a) Approval required for condemnation.--No agency of the
2 Commonwealth, political subdivision, authority, public utility
3 or other body having or exercising powers of eminent domain
4 shall condemn any land within any agricultural district for any
5 purpose unless prior approval has been obtained from each of the
6 following bodies: the governing bodies of the municipalities
7 encompassing the agricultural district, the county commissioners
8 and a committee made up of six members, consisting of the
9 Director of the Office of State Planning and Development, or his
10 designee, the Secretary of Agriculture, or his designee, the
11 Secretary of Environmental Resources, or his designee, the
12 Secretary of Transportation, or his designee, and two active
13 farmers appointed by the Governor, with the advice and consent
14 of a majority of the Senate, for a term of four years. THE <--
15 CONDEMNATION APPROVALS SPECIFIED BY THIS SUBSECTION SHALL NOT BE
16 REQUIRED FOR AN UNDERGROUND PUBLIC UTILITY FACILITY OR FOR ANY
17 PUBLIC UTILITY FACILITY THE NECESSITY FOR AND THE PROPRIETY AND
18 ENVIRONMENTAL EFFECTS OF WHICH HAS BEEN REVIEWED AND RATIFIED OR
19 APPROVED BY THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
20 (b) Notice.--Any condemnor wishing to condemn property the
21 approval for which is required under this section shall at least
22 30 days prior to taking such action notify each of the foregoing
23 bodies that such action is contemplated, and no such
24 condemnation shall be effective until 90 days following the
25 receipt of such notice.
26 (c) Review by committee.--Upon receipt of such notice the
27 committee provided for in this section shall review the proposed
28 condemnation to determine its effect upon the preservation and
29 enhancement of agriculture and agricultural resources within the
30 district and upon Commonwealth, county and municipal
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1 environmental and comprehensive plans, policies and objectives.
2 (d) Public hearings.--Within such 90-day period the
3 committee shall hold a public hearing concerning the proposed
4 condemnation at a place within or otherwise readily accessible
5 to the district. Timely notice of such hearing shall be placed
6 in a newspaper having a general circulation within the district
7 and a written notice shall be posted at five conspicuous places
8 within or adjacent to the district. Individual written notice
9 shall also be given to the county and all municipalities <--
10 encompassing all or part of the district and to the proposed
11 condemnor.
12 (e) Findings and decisions of the committee.--The committee
13 shall render its findings and decisions on or before the
14 expiration such 90-day period and likewise within such period
15 shall report the same to the proposed condemnor, the counties <--
16 and municipalities affected and any party who shall file an
17 appearance at such hearing. If the committee finds that such
18 proposed condemnation might have an unreasonably adverse effect
19 upon the preservation and enhancement of agriculture or
20 municipal resources within the district or upon the
21 environmental and comprehensive plans of the county,
22 municipality and the Commonwealth or upon the goals, resources
23 plans, policies or objectives thereof, or that in any event
24 there is a reasonable or prudent alternative to such
25 condemnation, the committee shall refuse approval for such
26 condemnation.
27 (f) Injunctions.--The committee may request the Attorney
28 General to bring an action to enjoin any such condemnor from
29 violating any of the provisions of this section.
30 (g) Emergencies excepted.--This section shall not apply to
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1 any emergency project which is immediately necessary for the
2 protection of life or property.
3 Section 14. Effective date.
4 This act shall take effect in 60 days.
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