HOUSE AMENDED
PRIOR PRINTER'S NOS. 2012, 2197, 2242, PRINTER'S NO. 2422
2265
No. 1629 Session of 1994
INTRODUCED BY WENGER, MADIGAN, HELFRICK, AFFLERBACH, ROBBINS,
SHUMAKER, BRIGHTBILL, O'PAKE AND MOWERY, MARCH 22, 1994
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 26, 1994
AN ACT
1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An <--
2 act authorizing the creation of agricultural areas," defining
3 "eligible counties"; and further providing for the purchase
4 of agricultural conservation easements.
5 AMENDING THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), ENTITLED "AN <--
6 ACT AUTHORIZING THE CREATION OF AGRICULTURAL AREAS," FURTHER
7 PROVIDING FOR DEFINITIONS; PROVIDING STANDARDS, CRITERIA AND
8 REQUIREMENTS FOR THE PURCHASING OF AGRICULTURAL CONSERVATION
9 EASEMENTS; PROVIDING FOR REVIEW OF COUNTY PROGRAMS; IMPOSING
10 DUTIES ON THE STATE AGRICULTURAL LAND PRESERVATION BOARD AND
11 COUNTY BOARDS; AND FURTHER PROVIDING FOR SUBDIVISION OF LAND
12 AND CHANGE OF OWNERSHIP.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3 of the act of June 30, 1981 (P.L.128, <--
16 No.43), known as the Agricultural Area Security Law, is amended
17 by adding a definition to read:
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section, unless the
21 context clearly indicates otherwise:
1 * * *
2 "Eligible counties." Counties whose easement purchase
3 programs have been approved by the State Agricultural Land
4 Preservation Board. For the purpose of annual allocations, an
5 eligible county must have its easement purchase program approved
6 by the State board by January 1 of the year in which the annual
7 allocation is made. Counties of the first class are not eligible
8 under any circumstances.
9 * * *
10 Section 2. Section 14.1(c), (g) and (h) of the act, amended
11 June 22, 1990 (P.L.242, No.57), April 13, 1992 (P.L.100, No.23),
12 and December 17, 1993 (P.L.522, No.75), are amended to read:
13 Section 14.1. Purchase of agricultural conservation easements.
14 * * *
15 (c) Restrictions and limitations.--An agricultural
16 conservation easement shall be subject to the following terms,
17 conditions, restrictions and limitations:
18 (1) The term of an agricultural conservation easement
19 shall be perpetual or for a term of 25 years.
20 (2) An agricultural conservation easement shall not be
21 sold, conveyed, extinguished, leased, encumbered or
22 restricted in whole or in part for a period of 25 years
23 beginning on the date of purchase of the easement.
24 (3) If the land subject to the agricultural conservation
25 easement is no longer viable agricultural land, the
26 Commonwealth, subject to the approval of the State board, and
27 the county, subject to the approval of the county board, may
28 sell, convey, extinguish, lease, encumber or restrict an
29 agricultural conservation easement to the current owner of
30 record of the farmland subject to the easement after the
19940S1629B2422 - 2 -
1 expiration of 25 years from the date of purchase of the
2 easement for a purchase price equal to the value at the time
3 of resale determined pursuant to subsection (f) at the time
4 of conveyance. A conveyance by the Commonwealth pursuant to
5 this subsection shall not be subject to the requirements of
6 Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175),
7 known as "The Administrative Code of 1929." The purchase
8 price shall be payable to the Commonwealth and the county as
9 their respective legal interests in the agricultural
10 conservation easement appear, and a separate payment shall be
11 made to the Commonwealth and the county accordingly at the
12 time of settlement. Any payment received by the Commonwealth
13 pursuant to this provision shall be paid into the fund.
14 (4) Instruments and documents for the purchase, sale and
15 conveyance of agricultural conservation easements shall be
16 approved by the State board or the county board, as the case
17 may be, prior to execution and delivery. Proper releases from
18 mortgage holders and lienholders must be obtained and
19 executed to insure that all agricultural conservation
20 easements are purchased free and clear of all encumbrances.
21 (5) Whenever any public entity, authority or political
22 subdivision exercises the power of eminent domain and
23 condemns land subject to an agricultural conservation
24 easement, the condemnor shall provide just compensation to
25 the owner of the land in fee and to the owner of the easement
26 as follows:
27 (i) The owner of the land in fee shall be paid the
28 full value which would have been payable to the owner but
29 for the existence of an agricultural conservation
30 easement less the value of the agricultural conservation
19940S1629B2422 - 3 -
1 easement at the time of condemnation.
2 (ii) The owner of the easement shall be paid the
3 value of the easement at the time of condemnation.
4 (6) An agricultural conservation easement shall not
5 prevent:
6 (i) The granting of leases, assignments or other
7 conveyances or the issuing of permits, licenses or other
8 authorization for the exploration, development, storage
9 or removal of coal by underground mining methods, oil and
10 gas by the owner of the subject land or the owner of the
11 underlying coal by underground mining methods, oil and
12 gas or the owner of the rights to develop the underlying
13 coal by underground mining methods, oil and gas, or the
14 development of appurtenant facilities related to the
15 removal of coal by underground mining methods, oil or gas
16 development or activities incident to the removal or
17 development of such minerals.
18 (ii) The granting of rights-of-way by the owner of
19 the subject land in and through the land for the
20 installation of, transportation of, or use of water,
21 sewage, electric, telephone, coal by underground mining
22 methods, gas, oil or oil products lines.
23 (iii) Construction and use of structures on the
24 subject land necessary for agricultural production.
25 (iv) Construction and use of structures on the
26 subject land for the landowner's principal residence or
27 for the purpose of providing necessary housing for
28 seasonal or full-time employees: Provided, That only one
29 such structure may be constructed on no more than two
30 acres of the subject land during the term of the
19940S1629B2422 - 4 -
1 agricultural conservation easement.
2 (v) Customary part-time or off-season minor or rural
3 enterprises and activities which are provided for in the
4 county Agricultural Conservation Easement Purchase
5 Program approved by the State board under subsection (d).
6 (7) Nothing in this act shall prohibit a member of the
7 State board or county board or his or her family from selling
8 a conservation easement under this program, provided that all
9 decisions made regarding easement purchases be subject to the
10 provisions of section 3(j) of the act of October 4, 1978
11 (P.L.883, No.170), referred to as the Public Official and
12 Employee Ethics Law.
13 * * *
14 (g) Purchase price.--The price paid for purchase of an
15 agricultural conservation easement in perpetuity shall not
16 exceed the difference between the nonagricultural value and the
17 agricultural value determined pursuant to subsection (f) at the
18 time of purchase, unless the difference is less than the State
19 or county boards' original appraised value in which case the
20 State or county boards' original easement value may be offered.
21 However, under no circumstances shall the price paid for
22 purchase of an agricultural conservation easement in perpetuity
23 exceed $10,000 per acre of State funds. The price paid for
24 purchase of an easement for a term of 25 years shall not exceed
25 one-tenth of the difference between the nonagricultural value
26 and the agricultural value determined pursuant to subsection (f)
27 at the time of purchase. The purchase price may be paid in a
28 lump sum, in installments over a period of years, or in any
29 other lawful manner of payment. If payment is to be made in
30 installments or another deferred method, the person selling the
19940S1629B2422 - 5 -
1 easement may receive, in addition to the selling price, interest
2 in an amount or at a rate set forth in the agreement of
3 purchase, and final payment shall be made within, and no later
4 than, five years from the date the agricultural conservation
5 easement purchase agreement was executed.
6 (h) Allocation of State moneys.--[The] By March 1 of each
7 year, the State board shall make an annual allocation among
8 eligible counties, except counties of the first class AND <--
9 COUNTIES THAT DO NOT HAVE AN EASEMENT PURCHASE PROGRAM APPROVED
10 BY THE STATE BOARD BY JANUARY 1 OF THE YEAR IN WHICH THE ANNUAL
11 ALLOCATION IS MADE, for the purchase of agricultural
12 conservation easements, and except for counties that do not have
13 an easement purchase program approved by the State board by
14 January 1 of the year in which the annual allocation is made.
15 (1) As used in this subsection, the following words and
16 phrases shall have the meanings given to them in this
17 paragraph unless the context clearly indicates otherwise:
18 (i) "Adjusted weighted transfer tax revenues." An
19 amount equal to the weighted transfer tax revenues of a
20 county divided by the sum of the weighted transfer tax
21 revenues of all counties except counties of the first
22 class.
23 (ii) "Annual agricultural production." The total
24 dollar volume of sales of livestock, crops and
25 agricultural products according to the most recent Annual
26 Crop and Livestock Summary published by the Pennsylvania
27 Agricultural Statistics Service.
28 (iii) "Annual easement purchase threshold." An
29 amount annually determined by the State board which
30 equals at least $10,000,000.
19940S1629B2422 - 6 -
1 (iv) "Average realty transfer tax revenues." The
2 total annual realty transfer tax revenues collected in
3 [all counties, except counties of the first class,
4 divided by 66] those eligible counties with an easement
5 purchase program approved by the State board by January 1
6 of the year in which the annual allocation is made,
7 divided by the number of eligible counties with approved
8 easement programs by January 1.
9 (v) "Realty transfer tax revenues." The tax imposed
10 and collected under section 1102-C of the act of March 4,
11 1971 (P.L.6, No.2), known as the "Tax Reform Code of
12 1971."
13 (vi) "Weighted transfer tax revenues." An amount
14 equal to the total annual realty transfer tax revenues
15 collected in [a] an eligible county divided by the sum of
16 the total annual realty transfer tax revenues collected
17 in all eligible counties except counties of the first
18 class which does not exceed three times the average
19 realty transfer tax revenues.
20 (2) An annual allocation shall be made to each eligible
21 county, except counties of the first class, for the purchase
22 of agricultural conservation easements by the Commonwealth at
23 the beginning of the county fiscal year which equals 50% of
24 the annual easement purchase threshold multiplied by the
25 adjusted weighted transfer tax revenues of the county for the
26 preceding calendar year.
27 (3) If the aggregate annual allocation under this
28 paragraph to all eligible counties does not exceed 50% of the
29 annual easement purchase threshold, an additional annual
30 allocation from 50% of the annual easement purchase threshold
19940S1629B2422 - 7 -
1 shall be made to a county, except a county of the first
2 class, at the beginning of the county fiscal year for the
3 joint purchase of agricultural conservation easements by the
4 Commonwealth and a county. The additional annual allocation
5 under this paragraph shall equal the sum of:
6 (i) The annual appropriation of local moneys by a
7 county for the purchase of agricultural conservation
8 easements which does not exceed the average annual
9 allocation under paragraph (2) multiplied by four.
10 (ii) The annual appropriation of local moneys by a
11 county for the purchase of agricultural conservation
12 easements which does not exceed the average annual
13 allocation under paragraph (2) multiplied by four, if the
14 county has an annual agricultural production which equals
15 at least 2% of the total annual agricultural production
16 of the Commonwealth for the same year.
17 (4) If the aggregate annual allocation under paragraph
18 (3) to all eligible counties would exceed 50% of the annual
19 easement purchase threshold, paragraph (3) shall not apply,
20 and an additional annual allocation shall be made under this
21 paragraph at the beginning of the county fiscal year for the
22 joint purchase of agricultural conservation easements by the
23 Commonwealth and a county, except a county of the first
24 class. The additional annual allocation to a county under
25 this paragraph shall equal 50% of the annual easement
26 purchase threshold multiplied by a percentage equal to the
27 annual appropriation of local moneys appropriated by the
28 county for the purchase of agricultural conservation
29 easements divided by the aggregate of local moneys
30 appropriated by all eligible counties for the purchase of
19940S1629B2422 - 8 -
1 agricultural conservation easements and in all cases shall
2 not exceed the average annual allocation under paragraph (2)
3 multiplied by four.
4 (5) An additional annual allocation shall be made to a
5 county, except a county of the first class, from the amount
6 by which 50% of the annual easement purchase threshold
7 exceeds the total allocations made under paragraph (3) or
8 (4), as the case may be, as follows:
9 (i) An additional annual allocation shall be made
10 for the joint purchase of agricultural conservation
11 easements by the Commonwealth and a county which equals
12 six-tenths of the amount by which 50% of the annual
13 easement purchase threshold exceeds the total allocations
14 made under paragraph (3) or (4), as the case may be,
15 multiplied by a percentage equal to the annual
16 appropriation of local moneys appropriated by the county
17 for the purchase of agricultural conservation easements
18 divided by the aggregate of local moneys appropriated by
19 all eligible counties for the purchase of agricultural
20 conservation easements.
21 (ii) An additional annual allocation shall be made
22 for the purchase of agricultural conservation easements
23 by the Commonwealth which equals four-tenths of the
24 amount by which 50% of the annual easement purchase
25 threshold exceeds the total allocations made under
26 paragraph (3) or (4), as the case may be, multiplied by
27 the adjusted weighted transfer tax revenues of the county
28 for the preceding calendar year.
29 (6) The allocation of a county shall be adjusted for
30 purchases of agricultural conservation easements made with
19940S1629B2422 - 9 -
1 moneys from the county's allocation, for all costs, except
2 administrative costs, incurred by the Commonwealth or a
3 county incident to the purchase of agricultural conservation
4 easements and for the costs of reimbursing nonprofit land
5 conservation organizations for expenses incurred in acquiring
6 and transferring agricultural conservation easements to the
7 Commonwealth or county. No purchase of an agricultural
8 conservation easement shall be made with State moneys
9 allocated to a county unless the amount of the purchase price
10 is equal to or less than the adjusted allocation or the
11 county pays the portion of the purchase price which
12 represents the difference between the purchase price and the
13 adjusted allocation.
14 [(7) The first annual allocation to a county under
15 paragraphs (3), (4) and (5)(i) shall continue for three
16 county fiscal years occurring after the effective date of
17 this act, and the second and third such annual allocations
18 shall each continue for two county fiscal years occurring
19 after the effective date of this act. Thereafter each such
20 annual allocation shall be for one county fiscal year. Such
21 annual allocations which have not been expended or encumbered
22 at the end of the period for which they were allocated shall
23 be reallocated in the subsequent county fiscal year to a
24 county which used at least 90% of the allocation made to the
25 county at the start of the period. An annual allocation shall
26 be considered to be encumbered and shall not be reallocated
27 if, by December 31 of the year in which that annual
28 allocation was made to the county, the department has
29 received an agreement executed by the landowner and the
30 county to purchase a specific agricultural conservation
19940S1629B2422 - 10 -
1 easement as part of the county board's recommendation for
2 purchase. The reallocation to a county under this paragraph
3 shall be the total amount of the annual allocation available
4 for reallocation under this paragraph multiplied by a
5 percentage equal to the annual appropriation of local moneys
6 appropriated by the county for the purchase of agricultural
7 conservation easements at the start of the county fiscal year
8 in which the annual allocation was made divided by the
9 aggregate of local moneys appropriated by all eligible
10 counties for the purchase of agricultural conservation
11 easements at the start of the county fiscal year in which the
12 annual allocation was made. Money reallocated to a county
13 under this paragraph shall be available for one county fiscal
14 year. Money reallocated to a county under this paragraph that
15 has not been spent or encumbered at the conclusion of one
16 county fiscal year shall be restored to the fund. Such money
17 shall be considered to be encumbered and shall not be
18 restored to the fund if, by December 31 of the year in which
19 a reallocation was made to the county, the department has
20 received an agreement executed by the landowner and the
21 county to purchase a specific agricultural conservation
22 easement as part of the county board's recommendation for
23 purchase.
24 (8) Initial allocations to counties under paragraphs (2)
25 and (5)(ii) shall continue until the end of the fourth county
26 fiscal year occurring after the effective date of this act.
27 The sum of the total annual allocations of all counties under
28 paragraphs (2) and (5)(ii) which have not been expended or
29 encumbered by the end of the fourth county fiscal year, and
30 every county fiscal year thereafter, occurring after the
19940S1629B2422 - 11 -
1 effective date of this act shall be reallocated in the
2 subsequent county fiscal year to a county which used at least
3 90% of the allocation made to the county at the start of the
4 period. An annual allocation shall be considered to be
5 encumbered and shall not be reallocated if, by December 31 of
6 the year in which that annual allocation was made to the
7 county, the department has received an agreement executed by
8 the landowner and the county to purchase a specific
9 agricultural conservation easement as part of the county
10 board's recommendation for purchase. For purposes of
11 determining eligibility for reallocation of funds and the
12 amounts of reallocation, funds allocated to counties will be
13 segregated and accounted for on a county fiscal year basis.
14 Fifty percent of the amount available for allocation under
15 this paragraph shall be reallocated in the manner set forth
16 in paragraph (2), and 50% of the amount available for
17 allocation under this paragraph shall be reallocated in the
18 manner set forth in paragraphs (3), (4) and (5). For purposes
19 of reallocating funds in the manner set forth in paragraph
20 (2), realty transfer tax revenues used to calculate weighted
21 transfer tax revenues shall correspond to the year for which
22 funds are being reallocated and weighted transfer tax
23 revenues shall be calculated only for counties eligible under
24 this paragraph. Money reallocated to a county under this
25 paragraph shall be available for one county fiscal year.
26 Money reallocated to a county under this paragraph that has
27 not been spent or encumbered at the conclusion of one county
28 fiscal year shall be restored to the fund. Such money shall
29 be considered to be encumbered and shall not be restored to
30 the fund if, by December 31 of the year in which a
19940S1629B2422 - 12 -
1 reallocation was made to the county, the department has
2 received an agreement executed by the landowner and the
3 county to purchase a specific agricultural conservation
4 easement as part of the county board's recommendation for
5 purchase.]
6 (7.1) The total annual allocation made to an eligible
7 county at the beginning BY MARCH 1 of the county's fiscal <--
8 year for the purchase of agricultural conservation easements
9 may be spent over a period of two consecutive county fiscal
10 years. Money allocated to a county under this subsection
11 which has not been expended or encumbered by such county at
12 the conclusion of the second county fiscal year shall be
13 restored to the fund. Such money shall not be restored to the
14 fund if, by December 31 of the second fiscal year, the
15 department has received an agreement executed by the
16 landowner and the county to purchase a specific agricultural
17 conservation easement as part of the county board's
18 recommendation for purchase.
19 (9) The allocation made to a county under this
20 subsection shall be used for the purchase of agricultural
21 conservation easements in perpetuity: Provided, That no more
22 than 30% of such allocation may be used at the option of a
23 county for the purchase of agricultural conservation
24 easements for a term of 25 years in the manner provided for
25 in this act.
26 (10) (i) Notwithstanding any other provision of this
27 subsection or any provision of regulations promulgated
28 pursuant to this act, the department shall not reallocate
29 funds which were allocated prior to January 1, 1994, if,
30 by December 31, 1993, the department has received an
19940S1629B2422 - 13 -
1 agreement signed by the landowner and the county board to
2 purchase a specific agricultural conservation easement as
3 part of the county board's recommendation for purchase.
4 (ii) Nothing in this paragraph shall affect any
5 reallocation made prior to the effective date of this
6 paragraph.
7 Section 3. The amendment of section 14.1(c)(6)(iv) shall be
8 retroactive to June 30, 1981.
9 Section 4. This act shall take effect in 60 days.
10 SECTION 1. THE DEFINITION OF "AGRICULTURAL CONSERVATION <--
11 EASEMENT" IN SECTION 3 OF THE ACT OF JUNE 30, 1981 (P.L.128,
12 NO.43), KNOWN AS THE AGRICULTURAL AREA SECURITY LAW, AMENDED
13 JUNE 22, 1990 (P.L.242, NO.57), IS AMENDED AND THE SECTION IS
14 AMENDED BY ADDING DEFINITIONS TO READ:
15 SECTION 3. DEFINITIONS.
16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
17 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE
18 CONTEXT CLEARLY INDICATES OTHERWISE:
19 * * *
20 "AGRICULTURAL CONSERVATION EASEMENT." AN INTEREST IN LAND,
21 LESS THAN FEE SIMPLE, WHICH INTEREST REPRESENTS THE RIGHT TO
22 PREVENT THE DEVELOPMENT OR IMPROVEMENT OF THE LAND FOR ANY
23 PURPOSE OTHER THAN AGRICULTURAL PRODUCTION. THE EASEMENT MAY BE
24 GRANTED BY THE OWNER OF THE FEE SIMPLE TO ANY THIRD PARTY OR TO
25 THE COMMONWEALTH, TO A COUNTY GOVERNING BODY OR TO A UNIT OF
26 LOCAL GOVERNMENT. [IT MAY BE GRANTED FOR A TERM OF 25 YEARS OR
27 IN PERPETUITY, AS THE EQUIVALENT OF COVENANTS RUNNING WITH THE
28 LAND.] IT SHALL BE GRANTED IN PERPETUITY AS THE EQUIVALENT OF
29 COVENANTS RUNNING WITH THE LAND. THE EXERCISE OR FAILURE TO
30 EXERCISE ANY RIGHT GRANTED BY THE EASEMENT SHALL NOT BE DEEMED
19940S1629B2422 - 14 -
1 TO BE MANAGEMENT OR CONTROL OF ACTIVITIES AT THE SITE FOR
2 PURPOSES OF ENFORCEMENT OF THE ACT OF OCTOBER 18, 1988 (P.L.756,
3 NO.108), KNOWN AS THE "HAZARDOUS SITES CLEANUP ACT."
4 * * *
5 "CROPS UNIQUE TO THE AREA." INCLUDE, BUT ARE NOT LIMITED TO,
6 CROPS WHICH HISTORICALLY HAVE BEEN GROWN OR HAVE BEEN GROWN
7 WITHIN THE LAST FIVE YEARS IN THE REGION AND WHICH ARE USED FOR
8 AGRICULTURAL PRODUCTION IN THE REGION.
9 * * *
10 "ELIGIBLE COUNTIES." COUNTIES WHOSE EASEMENT PURCHASE
11 PROGRAMS HAVE BEEN APPROVED BY THE STATE AGRICULTURAL LAND
12 PRESERVATION BOARD. FOR THE PURPOSE OF ANNUAL ALLOCATIONS, AN
13 ELIGIBLE COUNTY MUST HAVE ITS EASEMENT PURCHASE PROGRAM APPROVED
14 BY THE STATE AGRICULTURAL LAND PRESERVATION BOARD BY JANUARY 1
15 OF THE YEAR IN WHICH THE ANNUAL ALLOCATION IS MADE. COUNTIES OF
16 THE FIRST CLASS ARE NOT ELIGIBLE UNDER ANY CIRCUMSTANCES.
17 * * *
18 "IMMEDIATE FAMILY MEMBER." A BROTHER, SISTER, SON, DAUGHTER,
19 STEPSON, STEPDAUGHTER, GRANDSON, GRANDDAUGHTER, FATHER OR MOTHER
20 OF THE LANDOWNER.
21 * * *
22 SECTION 2. SECTION 14.1 OF THE ACT, AMENDED OR ADDED
23 DECEMBER 14, 1988 (P.L.1202, NO.149), JUNE 22, 1990 (P.L.242,
24 NO.57), APRIL 13, 1992 (P.L.100, NO.23) AND DECEMBER 17, 1993
25 (P.L.522, NO.75), IS AMENDED TO READ:
26 SECTION 14.1. PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS.
27 (A) STATE AGRICULTURAL LAND PRESERVATION BOARD.--THE
28 DEPARTMENT OF AGRICULTURE AND THE STATE AGRICULTURAL LAND
29 PRESERVATION BOARD SHALL ADMINISTER PURSUANT TO THIS SECTION A
30 PROGRAM FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
19940S1629B2422 - 15 -
1 BY THE COMMONWEALTH.
2 (1) THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF
3 AGRICULTURE AS A DEPARTMENTAL BOARD THE STATE AGRICULTURAL
4 LAND PRESERVATION BOARD. THE STATE BOARD SHALL CONSIST OF 17
5 MEMBERS.
6 (I) THERE SHALL BE EIGHT VOTING EX OFFICIO MEMBERS
7 OF THE STATE BOARD: THE SECRETARY OF AGRICULTURE, WHO
8 SHALL SERVE AS THE BOARD CHAIRMAN; THE SECRETARY OF
9 COMMUNITY AFFAIRS, OR HIS DESIGNEE; THE SECRETARY OF
10 ENVIRONMENTAL RESOURCES, OR HIS DESIGNEE; THE CHAIRMAN
11 AND THE MINORITY CHAIRMAN OF THE HOUSE AGRICULTURE AND
12 RURAL AFFAIRS COMMITTEE, OR THEIR DESIGNEES; THE CHAIRMAN
13 AND THE MINORITY CHAIRMAN OF THE SENATE AGRICULTURE AND
14 RURAL AFFAIRS COMMITTEE, OR THEIR DESIGNEES; AND THE DEAN
15 OF THE COLLEGE OF AGRICULTURE OF THE PENNSYLVANIA STATE
16 UNIVERSITY.
17 (II) FIVE MEMBERS SHALL BE APPOINTED BY THE
18 GOVERNOR. ONE MEMBER SHALL BE A CURRENT MEMBER OF THE
19 GOVERNING BODY OF A COUNTY, ONE MEMBER SHALL BE A PERSON
20 WHO IS RECOGNIZED AS HAVING SIGNIFICANT KNOWLEDGE IN
21 AGRICULTURAL FISCAL AND FINANCIAL MATTERS, ONE MEMBER
22 SHALL BE AN ACTIVE RESIDENT FARMER OF THIS COMMONWEALTH,
23 ONE MEMBER SHALL BE A RESIDENTIAL, COMMERCIAL OR
24 INDUSTRIAL BUILDING CONTRACTOR, AND ONE MEMBER SHALL BE A
25 CURRENT MEMBER OF A GOVERNING BODY. INITIALLY, TWO
26 MEMBERS SHALL BE APPOINTED FOR A TERM OF FOUR YEARS, TWO
27 MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE YEARS AND
28 ONE MEMBER SHALL BE APPOINTED FOR A TERM OF TWO YEARS.
29 THEREAFTER, THE TERMS OF ALL MEMBERS APPOINTED HEREIN
30 SHALL BE FOUR YEARS. THE TERM OF A PERSON APPOINTED TO
19940S1629B2422 - 16 -
1 REPLACE ANOTHER MEMBER WHOSE TERM HAS NOT EXPIRED SHALL
2 BE ONLY THE UNEXPIRED PORTION OF THAT TERM. MEMBERS MAY
3 BE REAPPOINTED TO SUCCESSIVE TERMS.
4 (III) ONE MEMBER EACH SHALL BE APPOINTED BY THE
5 SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY
6 LEADER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO
7 TEMPORE OF THE SENATE AND THE MINORITY LEADER OF THE
8 SENATE, WHO SHALL, AT THE TIME OF APPOINTMENT, BE
9 RESIDENT FARM OWNERS AND OPERATORS OF AT LEAST ONE
10 COMMERCIAL FARM IN THIS COMMONWEALTH. THE INITIAL TERM OF
11 THE APPOINTEE OF THE PRESIDENT PRO TEMPORE OF THE SENATE
12 SHALL BE FOUR YEARS, THE INITIAL TERM OF THE APPOINTEE OF
13 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE
14 THREE YEARS, THE INITIAL TERM OF THE APPOINTEE OF THE
15 MINORITY LEADER OF THE SENATE SHALL BE TWO YEARS AND THE
16 INITIAL TERM OF THE APPOINTEE OF THE MINORITY LEADER OF
17 THE HOUSE OF REPRESENTATIVES SHALL BE ONE YEAR.
18 THEREAFTER, THE TERMS OF ALL APPOINTEES SHALL BE FOUR
19 YEARS. AN APPOINTMENT MADE TO FILL AN UNEXPIRED TERM
20 SHALL BE ONLY FOR THE DURATION OF THE UNEXPIRED TERM.
21 MEMBERS MAY BE REAPPOINTED TO SUCCESSIVE TERMS.
22 (2) NINE MEMBERS SHALL CONSTITUTE A QUORUM FOR PURPOSES
23 OF CONDUCTING MEETINGS AND OFFICIAL ACTIONS PURSUANT TO
24 AUTHORITY GIVEN TO THE STATE BOARD UNDER THIS ACT.
25 (3) IT SHALL BE THE DUTY AND RESPONSIBILITY OF THE STATE
26 BOARD TO EXERCISE THE FOLLOWING POWERS:
27 (I) TO ADOPT RULES AND REGULATIONS PURSUANT TO THIS
28 ACT: PROVIDED, THAT THE BOARD SHALL HAVE THE POWER AND
29 AUTHORITY TO PROMULGATE, ADOPT, PUBLISH AND USE
30 GUIDELINES FOR THE IMPLEMENTATION OF THIS ACT UNTIL
19940S1629B2422 - 17 -
1 SEPTEMBER 30, 1990, OR THE EFFECTIVE DATE OF FINAL RULES
2 AND REGULATIONS, WHICHEVER FIRST OCCURS, PENDING ADOPTION
3 OF FINAL RULES AND REGULATIONS. GUIDELINES PROPOSED UNDER
4 THE AUTHORITY OF THIS SECTION SHALL BE SUBJECT TO REVIEW
5 BY THE GENERAL COUNSEL AND THE ATTORNEY GENERAL IN THE
6 MANNER PROVIDED FOR THE REVIEW OF PROPOSED RULES AND
7 REGULATIONS PURSUANT TO THE ACT OF OCTOBER 15, 1980
8 (P.L.950, NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS
9 ACT," BUT SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO THE
10 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
11 "REGULATORY REVIEW ACT."
12 (II) TO ADOPT RULES OF PROCEDURE AND BYLAWS
13 GOVERNING THE OPERATIONS OF THE STATE BOARD AND THE
14 CONDUCT OF ITS MEETINGS.
15 (III) TO REVIEW, AND ACCEPT OR REJECT, THE
16 RECOMMENDATION MADE BY A COUNTY BOARD FOR THE PURCHASE OF
17 AN AGRICULTURAL CONSERVATION EASEMENT BY THE
18 COMMONWEALTH.
19 (IV) TO EXECUTE AGREEMENTS TO PURCHASE AGRICULTURAL
20 CONSERVATION EASEMENTS IN THE NAME OF THE COMMONWEALTH IF
21 RECOMMENDED BY A COUNTY AND APPROVED BY THE STATE BOARD
22 AS PROVIDED IN SUBPARAGRAPH (III).
23 (V) TO PURCHASE IN THE NAME OF THE COMMONWEALTH
24 AGRICULTURAL CONSERVATION EASEMENTS IF RECOMMENDED BY A
25 COUNTY AND APPROVED BY THE STATE BOARD AS PROVIDED IN
26 SUBPARAGRAPH (III).
27 (VI) TO PURCHASE AGRICULTURAL CONSERVATION EASEMENTS
28 JOINTLY WITH A COUNTY IF RECOMMENDED BY A COUNTY AND
29 APPROVED BY THE STATE BOARD AS PROVIDED IN SUBPARAGRAPH
30 (III).
19940S1629B2422 - 18 -
1 (VII) TO ALLOCATE STATE MONEYS AMONG COUNTIES FOR
2 THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS, IN
3 ACCORDANCE WITH PROVISIONS OF SUBSECTION (G).
4 (VIII) TO ESTABLISH AND MAINTAIN A CENTRAL
5 REPOSITORY OF RECORDS WHICH SHALL CONTAIN RECORDS OF
6 COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION
7 EASEMENTS, RECORDS OF AGRICULTURAL CONSERVATION EASEMENTS
8 PURCHASED BY COUNTIES, AND RECORDS OF AGRICULTURAL
9 CONSERVATION EASEMENTS PURCHASED BY THE COMMONWEALTH. ALL
10 RECORDS INDICATING THE PURCHASE OF AGRICULTURAL
11 CONSERVATION EASEMENTS SHALL REFER TO AND DESCRIBE THE
12 FARM LAND SUBJECT TO THE AGRICULTURAL CONSERVATION
13 EASEMENT.
14 (IX) TO RECORD AGRICULTURAL CONSERVATION EASEMENTS
15 PURCHASED BY THE COMMONWEALTH OR JOINTLY OWNED, IN THE
16 OFFICE OF THE RECORDER OF DEEDS OF THE COUNTY WHEREIN THE
17 AGRICULTURAL CONSERVATION EASEMENTS ARE LOCATED.
18 (X) TO ESTABLISH AND PUBLISH THE STANDARDS, CRITERIA
19 AND REQUIREMENTS NECESSARY FOR STATE BOARD APPROVAL OF
20 COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION
21 EASEMENTS.
22 (XI) TO REVIEW AND CERTIFY AND APPROVE, OR
23 DISAPPROVE, COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL
24 CONSERVATION EASEMENTS.
25 (XII) TO EXERCISE OTHER DISCRETIONARY POWERS AS MAY
26 BE NECESSARY AND APPROPRIATE FOR THE EXERCISE AND
27 PERFORMANCE OF ITS DUTIES, POWERS AND RESPONSIBILITIES
28 UNDER THIS ACT.
29 (XIII) TO DETERMINE AN ANNUAL EASEMENT PURCHASE
30 THRESHOLD.
19940S1629B2422 - 19 -
1 (XIV) TO REVIEW AND APPROVE OR DISAPPROVE FOR
2 RECERTIFICATION EACH COUNTY PROGRAM FOR THE PURCHASE OF
3 AGRICULTURAL CONSERVATION EASEMENTS.
4 (XV) TO AUTHORIZE THE DEVELOPMENT OF A GUIDEBOOK
5 DEFINING ALL TECHNICAL ELEMENTS NECESSARY FOR A COMPLETE
6 APPLICATION FOR PURCHASE OF AN AGRICULTURAL CONSERVATION
7 EASEMENT. SUCH GUIDEBOOK SHALL INCLUDE MODEL FORMATS OF
8 THE SPECIFIC COMPONENTS OF APPLICATIONS. GUIDEBOOKS SHALL
9 BE DISTRIBUTED TO EVERY COUNTY WITH AN APPROVED PROGRAM
10 FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS.
11 (4) THE STATE BOARD IS AUTHORIZED TO:
12 (I) TAKE THE ACTIONS NECESSARY TO QUALIFY FOR
13 FEDERAL GUARANTEES AND INTEREST RATE ASSISTANCE FOR
14 AGRICULTURAL EASEMENT PURCHASE LOANS UNDER CHAPTER 2 OF
15 THE FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF
16 1990 (PUBLIC LAW 101-624, 104 STAT. 3616).
17 (II) SEGREGATE FROM THE AGRICULTURAL CONSERVATION
18 EASEMENT PURCHASE FUND, INTO A FARMS FOR THE FUTURE TRUST
19 FUND, FUNDS NECESSARY TO QUALIFY FOR THE MAXIMUM AMOUNT
20 OF FUNDING MADE AVAILABLE UNDER THE FEDERAL ACT. THERE
21 SHALL BE DEPOSITED IN THIS TRUST FUND, AND ARE
22 APPROPRIATED FOR THE PURPOSES OF THIS ACT, ANY INTEREST
23 RATE ASSISTANCE SUBSIDIES PROVIDED BY PARTICIPATION IN
24 THE FEDERAL PROGRAM. THE STATE BOARD IS AUTHORIZED TO
25 DEPOSIT INTEREST ACCRUING ON MONEYS IN THE TRUST FUND, IN
26 EXCESS OF THE AMOUNTS NEEDED TO SATISFY INTEREST
27 PAYMENTS, IN THE AGRICULTURAL CONSERVATION EASEMENT
28 PURCHASE FUND.
29 (B) COUNTY PROGRAMS.--AFTER THE ESTABLISHMENT OF AN
30 AGRICULTURAL SECURITY AREA BY THE GOVERNING BODY, THE COUNTY
19940S1629B2422 - 20 -
1 GOVERNING BODY MAY AUTHORIZE A PROGRAM TO BE ADMINISTERED BY THE
2 COUNTY BOARD FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS
3 FROM LANDOWNERS WHOSE LAND IS WITHIN AN AGRICULTURAL SECURITY
4 AREA.
5 (1) THE COUNTY BOARD SHALL BE COMPOSED OF FIVE, SEVEN OR
6 NINE MEMBERS APPOINTED BY THE COUNTY GOVERNING BODY. THE
7 CHAIRMAN OF THE COUNTY GOVERNING BODY SHALL DESIGNATE
8 ANNUALLY ONE MEMBER OF THE COUNTY BOARD TO SERVE AS CHAIRMAN
9 OF THE COUNTY BOARD. COUNTY BOARD MEMBERS SHALL BE APPOINTED
10 FROM AMONG THE FOLLOWING GROUPS: THE NUMBER OF FARMERS SHALL
11 CONSTITUTE ONE LESS THAN A MAJORITY OF THE BOARD; ONE MEMBER
12 SHALL BE A CURRENT MEMBER OF THE GOVERNING BODY OF A TOWNSHIP
13 OR BOROUGH LOCATED WITHIN THE COUNTY; ONE MEMBER SHALL BE A
14 COMMERCIAL, INDUSTRIAL OR RESIDENTIAL BUILDING CONTRACTOR;
15 AND THE OTHER MEMBERS SHALL BE SELECTED AT THE PLEASURE OF
16 THE COUNTY GOVERNING BODY. THE COUNTY BOARD MEMBERSHIP OF THE
17 MEMBER OF THE GOVERNING BODY OF A TOWNSHIP OR BOROUGH LOCATED
18 WITHIN THE COUNTY SHALL BE DEEMED VACANT UPON VACANCY IN, OR
19 THE EXPIRATION OF THE TERM OF, THE TOWNSHIP OR BOROUGH OFFICE
20 TO WHICH THE MEMBER WAS ELECTED. THE TERM OF THE INITIAL
21 FARMER APPOINTEES SHALL BE THREE YEARS, THE INITIAL TERM OF
22 THE CURRENT MEMBER OF THE GOVERNING BODY OF A TOWNSHIP OR
23 BOROUGH SHALL BE TWO YEARS AND THE INITIAL TERM OF ALL OTHER
24 MEMBERS SHALL BE ONE YEAR. THEREAFTER, THE TERM OF ALL
25 MEMBERS SHALL BE THREE YEARS.
26 (2) IT SHALL BE THE DUTY AND RESPONSIBILITY OF THE
27 COUNTY BOARD TO EXERCISE THE FOLLOWING POWERS:
28 (I) TO ADOPT RULES AND REGULATIONS FOR THE
29 ADMINISTRATION OF A COUNTYWIDE PROGRAM FOR THE PURCHASE
30 OF AGRICULTURAL CONSERVATION EASEMENTS WITHIN
19940S1629B2422 - 21 -
1 AGRICULTURAL SECURITY AREAS IN ACCORDANCE WITH THE
2 PROVISIONS OF THIS ACT, INCLUDING, BUT NOT LIMITED TO,
3 RULES AND REGULATIONS GOVERNING THE SUBMISSION OF
4 APPLICATIONS BY LANDOWNERS, ESTABLISHING STANDARDS AND
5 PROCEDURES FOR THE APPRAISAL OF PROPERTY ELIGIBLE FOR
6 PURCHASE AS AN AGRICULTURAL CONSERVATION EASEMENT AND
7 ESTABLISHING STANDARDS AND PROCEDURES FOR THE SELECTION
8 OR PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS.
9 (II) TO ADOPT RULES OF PROCEDURE AND BYLAWS
10 GOVERNING THE OPERATION OF THE COUNTY BOARD AND THE
11 CONDUCT OF ITS MEETINGS.
12 (III) TO EXECUTE AGREEMENTS TO PURCHASE AGRICULTURAL
13 CONSERVATION EASEMENTS IN THE NAME OF THE COUNTY.
14 (IV) TO PURCHASE IN THE NAME OF THE COUNTY
15 AGRICULTURAL CONSERVATION EASEMENTS WITHIN AGRICULTURAL
16 SECURITY AREAS.
17 (V) TO USE MONEYS APPROPRIATED BY THE COUNTY
18 GOVERNING BODY FROM THE COUNTY GENERAL FUND TO HIRE STAFF
19 AND ADMINISTER THE COUNTYWIDE PROGRAM.
20 (VI) TO USE MONEYS APPROPRIATED BY THE COUNTY
21 GOVERNING BODY FROM THE COUNTY GENERAL FUND OR THE
22 PROCEEDS OF INDEBTEDNESS INCURRED BY THE COUNTY AND
23 APPROVED BY THE COUNTY GOVERNING BODY FOR THE PURCHASE OF
24 AGRICULTURAL CONSERVATION EASEMENTS WITHIN AGRICULTURAL
25 SECURITY AREAS.
26 (VII) TO ESTABLISH AND MAINTAIN A REPOSITORY OF
27 RECORDS OF FARM LANDS WHICH ARE SUBJECT TO AGRICULTURAL
28 CONSERVATION EASEMENTS PURCHASED BY THE COUNTY AND WHICH
29 ARE LOCATED WITHIN THE COUNTY.
30 (VIII) TO RECORD AGRICULTURAL CONSERVATION EASEMENTS
19940S1629B2422 - 22 -
1 PURCHASED BY THE COUNTY IN THE OFFICE OF THE RECORDER OF
2 DEEDS OF THE COUNTY WHEREIN THE AGRICULTURAL CONSERVATION
3 EASEMENTS ARE LOCATED AND TO SUBMIT TO THE STATE BOARD A
4 CERTIFIED COPY OF AGRICULTURAL CONSERVATION EASEMENTS
5 WITHIN 30 DAYS AFTER RECORDING. THE COUNTY BOARD SHALL
6 ATTACH TO ALL CERTIFIED COPIES OF THE AGRICULTURAL
7 CONSERVATION EASEMENTS SUBMITTED TO THE STATE BOARD A
8 DESCRIPTION OF THE FARM LAND SUBJECT TO THE AGRICULTURAL
9 CONSERVATION EASEMENTS.
10 (IX) TO SUBMIT TO THE STATE BOARD FOR REVIEW THE
11 INITIAL COUNTY PROGRAM AND ANY PROPOSED REVISIONS TO
12 APPROVED COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL
13 CONSERVATION EASEMENTS.
14 (X) TO RECOMMEND TO THE STATE BOARD FOR PURCHASE BY
15 THE COMMONWEALTH AGRICULTURAL CONSERVATION EASEMENTS
16 WITHIN AGRICULTURAL SECURITY AREAS LOCATED WITHIN THE
17 COUNTY.
18 (XI) TO RECOMMEND TO THE STATE BOARD THE PURCHASE OF
19 AGRICULTURAL CONSERVATION EASEMENTS BY THE COMMONWEALTH
20 AND THE COUNTY JOINTLY.
21 (XII) TO PURCHASE AGRICULTURAL CONSERVATION
22 EASEMENTS JOINTLY WITH THE COMMONWEALTH.
23 (XIII) TO EXERCISE OTHER POWERS WHICH ARE NECESSARY
24 AND APPROPRIATE FOR THE EXERCISE AND PERFORMANCE OF ITS
25 DUTIES, POWERS AND RESPONSIBILITIES UNDER THIS ACT.
26 (XIV) TO SUBMIT TO THE STATE BOARD APPLICATIONS FOR
27 AGRICULTURAL CONSERVATION EASEMENTS IN ACCORDANCE WITH
28 THE GUIDEBOOK AUTHORIZED UNDER SUBSECTION (A)(3)(XV).
29 (3) THE COUNTY MAY INCUR DEBT PURSUANT TO THE ACT OF
30 JULY 12, 1972 (P.L.781, NO.185), KNOWN AS THE "LOCAL
19940S1629B2422 - 23 -
1 GOVERNMENT UNIT DEBT ACT," FOR THE PURCHASE OF AGRICULTURAL
2 CONSERVATION EASEMENTS.
3 (4) COUNTY PROGRAMS FOR THE PURCHASE OF AGRICULTURAL
4 CONSERVATION EASEMENTS ORIGINALLY APPROVED BY THE STATE BOARD
5 ON OR BEFORE DECEMBER 31, 1994, SHALL BE REVIEWED BY THE
6 STATE BOARD AND APPROVED OR DISAPPROVED FOR RECERTIFICATION
7 BY DECEMBER 31, 1996, AND EVERY SEVENTH YEAR THEREAFTER.
8 COUNTY PROGRAMS FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
9 EASEMENTS ORIGINALLY APPROVED BY THE STATE BOARD AFTER
10 DECEMBER 31, 1994, SHALL BE REVIEWED BY THE STATE BOARD AND
11 APPROVED OR DISAPPROVED FOR RECERTIFICATION BY DECEMBER 31 OF
12 THE SEVENTH YEAR AFTER THE DATE OF ORIGINAL APPROVAL AND
13 EVERY SEVENTH YEAR THEREAFTER. ON OR BEFORE DECEMBER 31,
14 1995, AND THE END OF SUCH OTHER SEVEN-YEAR PERIODS
15 THEREAFTER, THE COUNTY BOARD SHALL SUBMIT TO THE STATE BOARD
16 ANY PROPOSED REVISIONS TO THE COUNTY PROGRAM FOR THE PURCHASE
17 OF AGRICULTURAL CONSERVATION EASEMENTS. COUNTY PROGRAMS
18 SUBJECT TO STATE BOARD REVIEW AND RECERTIFICATION UNDER THIS
19 PARAGRAPH SHALL BE APPROVED OR DISAPPROVED IN ACCORDANCE WITH
20 THE REQUIREMENTS OF SUBSECTION (D), PROVIDED THAT THE STATE
21 BOARD SHALL GIVE PRIORITY TO DETERMINING THAT COUNTY PROGRAMS
22 ARE IN COMPLIANCE WITH APPLICABLE PROVISIONS OF LAW,
23 REGULATIONS AND GUIDELINES. AFTER DECEMBER 31, 1996, AND THE
24 END OF SUCH OTHER SEVEN-YEAR PERIODS, THE STATE BOARD SHALL
25 NOT APPROVE A COUNTY BOARD'S RECOMMENDATION TO PURCHASE UNTIL
26 THE COUNTY PROGRAM HAS BEEN APPROVED FOR RECERTIFICATION,
27 PROVIDED THAT THE STATE BOARD MAY POSTPONE THE DEADLINE FOR
28 RECERTIFICATION OF ANY COUNTY'S PROGRAM BY UP TO 12 MONTHS
29 AND, DURING SUCH PERIOD OF POSTPONEMENT, MAY APPROVE A COUNTY
30 BOARD'S RECOMMENDATION TO PURCHASE.
19940S1629B2422 - 24 -
1 (C) RESTRICTIONS AND LIMITATIONS.--AN AGRICULTURAL
2 CONSERVATION EASEMENT SHALL BE SUBJECT TO THE FOLLOWING TERMS,
3 CONDITIONS, RESTRICTIONS AND LIMITATIONS:
4 (1) THE TERM OF AN AGRICULTURAL CONSERVATION EASEMENT
5 SHALL BE PERPETUAL [OR FOR A TERM OF 25 YEARS].
6 (2) [AN] UNLESS OTHERWISE AUTHORIZED IN ACCORDANCE WITH
7 SUBSECTION (I), AN AGRICULTURAL CONSERVATION EASEMENT SHALL
8 NOT BE SOLD, CONVEYED, EXTINGUISHED, LEASED, ENCUMBERED OR
9 RESTRICTED IN WHOLE OR IN PART FOR A PERIOD OF 25 YEARS
10 BEGINNING ON THE DATE OF PURCHASE OF THE EASEMENT.
11 (3) [IF] UNLESS OTHERWISE AUTHORIZED IN ACCORDANCE WITH
12 SUBSECTION (I), IF THE LAND SUBJECT TO THE AGRICULTURAL
13 CONSERVATION EASEMENT IS NO LONGER VIABLE AGRICULTURAL LAND,
14 THE COMMONWEALTH, SUBJECT TO THE APPROVAL OF THE STATE BOARD,
15 AND THE COUNTY, SUBJECT TO THE APPROVAL OF THE COUNTY BOARD,
16 MAY SELL, CONVEY, EXTINGUISH, LEASE, ENCUMBER OR RESTRICT AN
17 AGRICULTURAL CONSERVATION EASEMENT TO THE CURRENT OWNER OF
18 RECORD OF THE FARMLAND SUBJECT TO THE EASEMENT AFTER THE
19 EXPIRATION OF 25 YEARS FROM THE DATE OF PURCHASE OF THE
20 EASEMENT FOR A PURCHASE PRICE EQUAL TO THE VALUE AT THE TIME
21 OF RESALE DETERMINED PURSUANT TO SUBSECTION (F) AT THE TIME
22 OF CONVEYANCE. A CONVEYANCE BY THE COMMONWEALTH PURSUANT TO
23 THIS SUBSECTION SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF
24 ARTICLE XXIV-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
25 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929." THE PURCHASE
26 PRICE SHALL BE PAYABLE TO THE COMMONWEALTH AND THE COUNTY AS
27 THEIR RESPECTIVE LEGAL INTERESTS IN THE AGRICULTURAL
28 CONSERVATION EASEMENT APPEAR, AND A SEPARATE PAYMENT SHALL BE
29 MADE TO THE COMMONWEALTH AND THE COUNTY ACCORDINGLY AT THE
30 TIME OF SETTLEMENT. ANY PAYMENT RECEIVED BY THE COMMONWEALTH
19940S1629B2422 - 25 -
1 PURSUANT TO THIS PROVISION SHALL BE PAID INTO THE FUND.
2 (4) INSTRUMENTS AND DOCUMENTS FOR THE PURCHASE, SALE AND
3 CONVEYANCE OF AGRICULTURAL CONSERVATION EASEMENTS SHALL BE
4 APPROVED BY THE STATE BOARD OR THE COUNTY BOARD, AS THE CASE
5 MAY BE, PRIOR TO EXECUTION AND DELIVERY. PROPER RELEASES FROM
6 MORTGAGE HOLDERS AND LIENHOLDERS MUST BE OBTAINED AND
7 EXECUTED TO INSURE THAT ALL AGRICULTURAL CONSERVATION
8 EASEMENTS ARE PURCHASED FREE AND CLEAR OF ALL ENCUMBRANCES.
9 (5) WHENEVER ANY PUBLIC ENTITY, AUTHORITY OR POLITICAL
10 SUBDIVISION EXERCISES THE POWER OF EMINENT DOMAIN AND
11 CONDEMNS LAND SUBJECT TO AN AGRICULTURAL CONSERVATION
12 EASEMENT, THE CONDEMNOR SHALL PROVIDE JUST COMPENSATION TO
13 THE OWNER OF THE LAND IN FEE AND TO THE OWNER OF THE EASEMENT
14 AS FOLLOWS:
15 (I) THE OWNER OF THE LAND IN FEE SHALL BE PAID THE
16 FULL VALUE WHICH WOULD HAVE BEEN PAYABLE TO THE OWNER BUT
17 FOR THE EXISTENCE OF AN AGRICULTURAL CONSERVATION
18 EASEMENT LESS THE VALUE OF THE AGRICULTURAL CONSERVATION
19 EASEMENT AT THE TIME OF CONDEMNATION.
20 (II) THE OWNER OF THE EASEMENT SHALL BE PAID THE
21 VALUE OF THE EASEMENT AT THE TIME OF CONDEMNATION.
22 (6) AN AGRICULTURAL CONSERVATION EASEMENT SHALL NOT
23 PREVENT:
24 (I) THE GRANTING OF LEASES, ASSIGNMENTS OR OTHER
25 CONVEYANCES OR THE ISSUING OF PERMITS, LICENSES OR OTHER
26 AUTHORIZATION FOR THE EXPLORATION, DEVELOPMENT, STORAGE
27 OR REMOVAL OF COAL BY UNDERGROUND MINING METHODS, OIL AND
28 GAS BY THE OWNER OF THE SUBJECT LAND OR THE OWNER OF THE
29 UNDERLYING COAL BY UNDERGROUND MINING METHODS, OIL AND
30 GAS OR THE OWNER OF THE RIGHTS TO DEVELOP THE UNDERLYING
19940S1629B2422 - 26 -
1 COAL BY UNDERGROUND MINING METHODS, OIL AND GAS, OR THE
2 DEVELOPMENT OF APPURTENANT FACILITIES RELATED TO THE
3 REMOVAL OF COAL BY UNDERGROUND MINING METHODS, OIL OR GAS
4 DEVELOPMENT OR ACTIVITIES INCIDENT TO THE REMOVAL OR
5 DEVELOPMENT OF SUCH MINERALS.
6 (II) THE GRANTING OF RIGHTS-OF-WAY BY THE OWNER OF
7 THE SUBJECT LAND IN AND THROUGH THE LAND FOR THE
8 INSTALLATION OF, TRANSPORTATION OF, OR USE OF WATER,
9 SEWAGE, ELECTRIC, TELEPHONE, COAL BY UNDERGROUND MINING
10 METHODS, GAS, OIL OR OIL PRODUCTS LINES.
11 (III) CONSTRUCTION AND USE OF STRUCTURES ON THE
12 SUBJECT LAND NECESSARY FOR AGRICULTURAL PRODUCTION.
13 (IV) CONSTRUCTION AND USE OF STRUCTURES ON THE
14 SUBJECT LAND FOR THE LANDOWNER'S PRINCIPAL RESIDENCE OR
15 FOR THE PURPOSE OF PROVIDING NECESSARY HOUSING FOR
16 SEASONAL OR FULL-TIME EMPLOYEES: PROVIDED, THAT ONLY ONE
17 SUCH STRUCTURE MAY BE CONSTRUCTED ON NO MORE THAN TWO
18 ACRES OF THE SUBJECT LAND DURING THE TERM OF THE
19 AGRICULTURAL CONSERVATION EASEMENT.
20 (V) CUSTOMARY PART-TIME OR OFF-SEASON MINOR OR RURAL
21 ENTERPRISES AND ACTIVITIES WHICH ARE PROVIDED FOR IN THE
22 COUNTY AGRICULTURAL CONSERVATION EASEMENT PURCHASE
23 PROGRAM APPROVED BY THE STATE BOARD UNDER SUBSECTION (D).
24 (7) LAND SUBJECT TO AN AGRICULTURAL CONSERVATION
25 EASEMENT SHALL NOT BE SUBDIVIDED FOR ANY PURPOSE WHICH MAY
26 HARM THE ECONOMIC VIABILITY OF THE FARMLAND FOR AGRICULTURAL
27 PRODUCTION. LAND MAY BE SUBDIVIDED PRIOR TO THE GRANTING OF
28 AN AGRICULTURAL CONSERVATION EASEMENT, PROVIDED THAT
29 SUBDIVIDING WILL NOT HARM THE ECONOMIC VIABILITY FOR
30 AGRICULTURAL PRODUCTION OF THE LAND SUBJECT TO THE EASEMENT.
19940S1629B2422 - 27 -
1 (8) NOTHING IN THIS ACT SHALL PROHIBIT A MEMBER OF THE
2 STATE BOARD OR COUNTY BOARD OR HIS OR HER FAMILY FROM SELLING
3 A CONSERVATION EASEMENT UNDER THIS PROGRAM, PROVIDED THAT ALL
4 DECISIONS MADE REGARDING EASEMENT PURCHASES BE SUBJECT TO THE
5 PROVISIONS OF SECTION 3(J) OF THE ACT OF OCTOBER 4, 1978
6 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL AND
7 EMPLOYEE ETHICS LAW.
8 (D) PROGRAM APPROVAL.--
9 (1) THE STANDARDS, CRITERIA AND REQUIREMENTS ESTABLISHED
10 BY THE STATE BOARD FOR STATE BOARD APPROVAL OF COUNTY
11 PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS
12 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE EXTENT TO WHICH THE
13 COUNTY PROGRAMS CONSIDER AND ADDRESS THE FOLLOWING:
14 (I) THE QUALITY OF THE FARMLANDS SUBJECT TO THE
15 PROPOSED EASEMENTS, INCLUDING SOIL [CLASSIFICATIONS]
16 CLASSIFICATION AND [PRODUCTIVITY.] SOIL PRODUCTIVITY
17 RATINGS. FARMLAND CONSIDERED SHOULD INCLUDE SOILS WHICH
18 DO NOT HAVE THE HIGHEST SOIL CLASSIFICATIONS AND SOIL
19 PRODUCTIVITY RATINGS BUT WHICH ARE CONDUCIVE TO PRODUCING
20 CROPS UNIQUE TO THE AREA.
21 (II) THE LIKELIHOOD THAT THE FARMLANDS WOULD BE
22 CONVERTED TO NONAGRICULTURAL USE UNLESS SUBJECT TO AN
23 AGRICULTURAL CONSERVATION EASEMENT. [PRIORITY FOR THE
24 PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT SHALL
25 BE GIVEN TO FARMLANDS MOST LIKELY TO BE CONVERTED TO
26 NONAGRICULTURAL USE.] AREAS IN THE COUNTY DEVOTED
27 PRIMARILY TO AGRICULTURAL USE WHERE DEVELOPMENT IS
28 OCCURRING OR IS LIKELY TO OCCUR IN THE NEXT 20 YEARS
29 SHOULD BE IDENTIFIED. FOR PURPOSES OF CONSIDERING THE
30 LIKELIHOOD OF CONVERSION, THE EXISTENCE OF A ZONING
19940S1629B2422 - 28 -
1 CLASSIFICATION OF THE LAND SHALL NOT BE RELEVANT, BUT THE
2 MARKET FOR NONFARM USE OR DEVELOPMENT OF FARMLANDS SHALL
3 BE RELEVANT.
4 (II.1) PROXIMITY OF THE FARMLANDS SUBJECT TO
5 PROPOSED EASEMENTS TO OTHER AGRICULTURAL LANDS IN THE
6 COUNTY WHICH ARE SUBJECT TO AGRICULTURAL CONSERVATION
7 EASEMENTS.
8 (III) THE STEWARDSHIP OF THE LAND AND USE OF
9 CONSERVATION PRACTICES AND BEST LAND MANAGEMENT
10 PRACTICES, INCLUDING, BUT NOT LIMITED TO, SOIL EROSION
11 AND SEDIMENTATION CONTROL AND NUTRIENT MANAGEMENT.
12 (IV) FAIR, EQUITABLE, OBJECTIVE AND
13 NONDISCRIMINATORY PROCEDURES FOR DETERMINING PURCHASE
14 PRIORITIES.
15 (2) THE STATE BOARD SHALL ACT ON A COUNTY'S PROGRAM FOR
16 PURCHASING AGRICULTURAL CONSERVATION EASEMENTS WITHIN 60 DAYS
17 OF ITS RECEIPT, AND SHALL NOTIFY IMMEDIATELY THE COUNTY IN
18 WRITING OF APPROVAL OR DISAPPROVAL OF ITS PROGRAM IN
19 ACCORDANCE WITH THE CRITERIA SET FORTH IN THIS SUBSECTION.
20 FAILURE OF THE STATE BOARD TO ACT ON THE SUBMISSION OF A
21 COUNTY PROGRAM UNDER THIS PROVISION WITHIN 60 DAYS OF ITS
22 RECEIPT SHALL BE DEEMED TO CONSTITUTE APPROVAL OF THE COUNTY
23 PROGRAM BY THE STATE BOARD.
24 (E) EASEMENT PURCHASE.--
25 (1) THE STATE BOARD MAY REJECT THE RECOMMENDATION MADE
26 BY A COUNTY FOR PURCHASE OF AN AGRICULTURAL CONSERVATION
27 EASEMENT WHENEVER:
28 (I) THE RECOMMENDATION DOES NOT COMPLY WITH A COUNTY
29 PROGRAM CERTIFIED AND APPROVED BY THE STATE BOARD FOR
30 PURCHASING AGRICULTURAL CONSERVATION EASEMENTS.
19940S1629B2422 - 29 -
1 (II) CLEAR TITLE CANNOT BE CONVEYED.
2 (III) THE FARMLAND WHICH WOULD BE SUBJECT TO THE
3 AGRICULTURAL CONSERVATION EASEMENT IS NOT LOCATED WITHIN
4 A DULY ESTABLISHED AGRICULTURAL SECURITY AREA ESTABLISHED
5 OR RECOGNIZED UNDER THIS ACT.
6 (IV) THE ALLOCATION OF A COUNTY ESTABLISHED PURSUANT
7 TO SUBSECTION (H) IS EXHAUSTED OR IS INSUFFICIENT TO PAY
8 THE PURCHASE PRICE.
9 (V) COMPENSATION IS NOT PROVIDED TO OWNERS OF
10 SURFACE-MINEABLE COAL DISTURBED OR AFFECTED BY THE
11 CREATION OF SUCH EASEMENT.
12 (2) THE STATE BOARD SHALL ACT TO APPROVE [OR],
13 DISAPPROVE OR TABLE THE RECOMMENDATION BY A COUNTY FOR
14 PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT WITHIN 60
15 DAYS OF ITS RECEIPT[.], UNLESS THE FOLLOWING CONDITIONS DELAY
16 SUCH ACTION:
17 (I) THE OCCURRENCE OF A CATASTROPHIC EVENT WHICH
18 PRECLUDES THE CONVENING OF THE STATE BOARD. ANY NATURAL
19 DISASTER, INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD,
20 EXCESSIVE WIND, SNOW OR EARTHQUAKE SHALL CONSTITUTE A
21 CATASTROPHIC EVENT.
22 (II) THE ISSUE OF A SUBDIVISION CAUSES FURTHER
23 QUESTIONS BY THE STATE BOARD.
24 (III) LEGAL ACTIONS OR COURT DECISIONS ARE PENDING
25 WHICH WOULD AFFECT THE RECOMMENDATION IN QUESTION.
26 (IV) THE STATE BOARD PASSES A RESOLUTION DIRECTING
27 THAT AN INDEPENDENT HEARING EXAMINER CONDUCT AN
28 ADMINISTRATIVE HEARING ON ANY ISSUE RELATING TO THE
29 RECOMMENDATION SUBMITTED BY THE COUNTY. IN SUCH AN
30 OCCURRENCE, THE 60-DAY PERIOD SHALL BE EXTENDED TO 120
19940S1629B2422 - 30 -
1 DAYS.
2 THE 60-DAY PERIOD SHALL BE EXTENDED UNTIL ALL ISSUES SET
3 FORTH IN THIS PARAGRAPH ARE RESOLVED TO THE SATISFACTION OF
4 THE STATE BOARD, WHEREBY THE STATE BOARD SHALL ACT AT THE
5 NEXT SCHEDULED MEETING ON THE RECOMMENDATION OF THE COUNTY
6 BOARD. DECISIONS DELAYED DUE TO CATASTROPHIC EVENTS SHALL BE
7 DETERMINED IN AS REASONABLE AN AMOUNT OF TIME AS POSSIBLE.
8 (3) IF THE STATE BOARD DISAPPROVES THE RECOMMENDATION BY
9 A COUNTY FOR PURCHASE OF AN AGRICULTURAL CONSERVATION
10 EASEMENT, THE COUNTY SHALL BE GIVEN WRITTEN NOTICE OF THE
11 DISAPPROVAL WITHIN TEN DAYS OF THE DECISION OF THE STATE
12 BOARD. THE WRITTEN NOTICE SHALL STATE THE REASON FOR THE
13 STATE BOARD'S DISAPPROVAL OF THE RECOMMENDATION.
14 (4) A DECISION OF THE STATE BOARD ISSUED UNDER THE
15 AUTHORITY OF THIS SUBSECTION SHALL BE AN ADJUDICATION SUBJECT
16 TO THE PROVISIONS OF 2 PA.C.S. (RELATING TO ADMINISTRATIVE
17 LAW AND PROCEDURE).
18 (5) FAILURE OF THE STATE BOARD TO ACT ON A
19 RECOMMENDATION BY A COUNTY FOR PURCHASE OF AN AGRICULTURAL
20 CONSERVATION EASEMENT WITHIN 60 DAYS OF ITS RECEIPT SHALL BE
21 DEEMED TO CONSTITUTE APPROVAL BY THE STATE BOARD, UNLESS ONE
22 OR MORE OF THE CONDITIONS UNDER PARAGRAPH (2) EXIST.
23 (F) VALUATION.--THE STATE BOARD OR THE COUNTY BOARD, AS THE
24 CASE MAY BE, SHALL SELECT AND RETAIN AN INDEPENDENT [LICENSED]
25 STATE CERTIFIED GENERAL REAL ESTATE APPRAISER TO DETERMINE
26 MARKET VALUE AND FARMLAND VALUE. IF THE SELLER DISAGREES WITH
27 THE APPRAISAL MADE BY THE STATE OR COUNTY BOARD'S APPRAISER, THE
28 SELLER SHALL HAVE THE RIGHT TO SELECT AND RETAIN A SEPARATE
29 INDEPENDENT [LICENSED] STATE CERTIFIED GENERAL REAL ESTATE
30 APPRAISER WITHIN 30 DAYS OF RECEIPT OF THE APPRAISAL OF THE
19940S1629B2422 - 31 -
1 STATE OR COUNTY BOARD'S APPRAISER TO DETERMINE MARKET VALUE AND
2 FARMLAND VALUE. THE STATE BOARD OR THE COUNTY BOARD SHALL
3 ESTABLISH THE AGRICULTURAL VALUE AND THE NONAGRICULTURAL VALUE
4 OF THE PROPERTY SUBJECT TO THE AGRICULTURAL CONSERVATION
5 EASEMENT. THE STATE BOARD MAY PROVIDE FOR A PERIODIC REVIEW BY A
6 STATE CERTIFIED GENERAL REAL ESTATE APPRAISER OF APPRAISALS
7 SUBMITTED BY COUNTIES IN ORDER TO ASSURE THAT THE APPRAISALS
8 WERE PERFORMED IN ACCORDANCE WITH THE STANDARDS OF APPRAISAL
9 PRACTICE.
10 (1) THE AGRICULTURAL VALUE SHALL EQUAL THE SUM OF:
11 (I) THE FARMLAND VALUE DETERMINED BY THE SELLER'S
12 APPRAISER; AND
13 (II) ONE-HALF OF THE DIFFERENCE BETWEEN THE FARMLAND
14 VALUE DETERMINED BY THE STATE OR COUNTY BOARD'S APPRAISER
15 AND THE FARMLAND VALUE DETERMINED BY THE SELLER'S
16 APPRAISER IF THE FARMLAND VALUE DETERMINED BY THE STATE
17 OR COUNTY BOARD'S APPRAISER EXCEEDS THE FARMLAND VALUE
18 DETERMINED BY THE SELLER'S APPRAISER.
19 (2) THE NONAGRICULTURAL VALUE SHALL EQUAL THE SUM OF:
20 (I) THE MARKET VALUE DETERMINED BY THE STATE OR
21 COUNTY BOARD'S APPRAISER; AND
22 (II) ONE-HALF OF THE DIFFERENCE BETWEEN THE MARKET
23 VALUE DETERMINED BY THE SELLER'S APPRAISER AND THE MARKET
24 VALUE DETERMINED BY THE STATE OR COUNTY BOARD'S
25 APPRAISER, IF THE MARKET VALUE DETERMINED BY THE SELLER'S
26 APPRAISER EXCEEDS THE MARKET VALUE DETERMINED BY THE
27 STATE OR COUNTY BOARD'S APPRAISER.
28 (3) THE ENTIRE ACREAGE OF THE FARMLAND SHALL BE INCLUDED
29 IN THE DETERMINATION OF THE VALUE OF AN AGRICULTURAL
30 CONSERVATION EASEMENT, LESS THE VALUE OF ANY ACREAGE WHICH
19940S1629B2422 - 32 -
1 WAS SUBDIVIDED PRIOR TO THE GRANTING OF SUCH EASEMENT. THE
2 APPRAISER SHALL TAKE INTO ACCOUNT THE POTENTIAL INCREASE IN
3 THE VALUE OF THE SUBDIVIDED ACREAGE BECAUSE OF THE PLACEMENT
4 OF THE EASEMENT ON THE REMAINING FARMLAND.
5 (G) PURCHASE PRICE.--THE PRICE PAID FOR PURCHASE OF AN
6 AGRICULTURAL CONSERVATION EASEMENT IN PERPETUITY SHALL NOT
7 EXCEED THE DIFFERENCE BETWEEN THE NONAGRICULTURAL VALUE AND THE
8 AGRICULTURAL VALUE DETERMINED PURSUANT TO SUBSECTION (F) AT THE
9 TIME OF PURCHASE, UNLESS THE DIFFERENCE IS LESS THAN THE STATE
10 OR COUNTY BOARDS' ORIGINAL APPRAISED VALUE IN WHICH CASE THE
11 STATE OR COUNTY BOARDS' ORIGINAL EASEMENT VALUE MAY BE OFFERED.
12 [THE PRICE PAID FOR PURCHASE OF AN EASEMENT FOR A TERM OF 25
13 YEARS SHALL NOT EXCEED ONE-TENTH OF THE DIFFERENCE BETWEEN THE
14 NONAGRICULTURAL VALUE AND THE AGRICULTURAL VALUE DETERMINED
15 PURSUANT TO SUBSECTION (F) AT THE TIME OF PURCHASE.] HOWEVER,
16 UNDER NO CIRCUMSTANCES SHALL THE PRICE PAID FOR PURCHASE OF AN
17 AGRICULTURAL CONSERVATION EASEMENT IN PERPETUITY EXCEED $10,000
18 PER ACRE OF STATE FUNDS. THE PURCHASE PRICE MAY BE PAID IN A
19 LUMP SUM, IN INSTALLMENTS OVER A PERIOD OF YEARS, OR IN ANY
20 OTHER LAWFUL MANNER OF PAYMENT. IF PAYMENT IS TO BE MADE IN
21 INSTALLMENTS OR ANOTHER DEFERRED METHOD, THE PERSON SELLING THE
22 EASEMENT MAY RECEIVE, IN ADDITION TO THE SELLING PRICE, INTEREST
23 IN AN AMOUNT OR AT A RATE SET FORTH IN THE AGREEMENT OF
24 PURCHASE, AND FINAL PAYMENT SHALL BE MADE WITHIN, AND NO LATER
25 THAN, FIVE YEARS FROM THE DATE THE AGRICULTURAL CONSERVATION
26 EASEMENT PURCHASE AGREEMENT WAS EXECUTED.
27 (H) ALLOCATION OF STATE MONEYS.--[THE] BY MARCH 1 OF EACH
28 YEAR, THE STATE BOARD SHALL MAKE AN ANNUAL ALLOCATION AMONG
29 COUNTIES, EXCEPT COUNTIES OF THE FIRST CLASS, FOR THE PURCHASE
30 OF AGRICULTURAL CONSERVATION EASEMENTS.
19940S1629B2422 - 33 -
1 (1) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
2 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
3 PARAGRAPH UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
4 (I) "ADJUSTED WEIGHTED TRANSFER TAX REVENUES." AN
5 AMOUNT EQUAL TO THE WEIGHTED TRANSFER TAX REVENUES OF A
6 COUNTY DIVIDED BY THE SUM OF THE WEIGHTED TRANSFER TAX
7 REVENUES OF ALL COUNTIES EXCEPT COUNTIES OF THE FIRST
8 CLASS.
9 (II) "ANNUAL AGRICULTURAL PRODUCTION." THE TOTAL
10 DOLLAR VOLUME OF SALES OF LIVESTOCK, CROPS AND
11 AGRICULTURAL PRODUCTS ACCORDING TO THE MOST RECENT ANNUAL
12 CROP AND LIVESTOCK SUMMARY PUBLISHED BY THE PENNSYLVANIA
13 AGRICULTURAL STATISTICS SERVICE.
14 (III) "ANNUAL EASEMENT PURCHASE THRESHOLD." AN
15 AMOUNT ANNUALLY DETERMINED BY THE STATE BOARD WHICH
16 EQUALS AT LEAST $10,000,000.
17 (IV) "AVERAGE REALTY TRANSFER TAX REVENUES." THE
18 TOTAL ANNUAL REALTY TRANSFER TAX REVENUES COLLECTED IN
19 ALL COUNTIES, EXCEPT COUNTIES OF THE FIRST CLASS, DIVIDED
20 BY 66.
21 (V) "REALTY TRANSFER TAX REVENUES." THE TAX IMPOSED
22 AND COLLECTED UNDER SECTION 1102-C OF THE ACT OF MARCH 4,
23 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF
24 1971."
25 (VI) "WEIGHTED TRANSFER TAX REVENUES." AN AMOUNT
26 EQUAL TO THE TOTAL ANNUAL REALTY TRANSFER TAX REVENUES
27 COLLECTED IN A COUNTY DIVIDED BY THE SUM OF THE TOTAL
28 ANNUAL REALTY TRANSFER TAX REVENUES COLLECTED IN ALL
29 COUNTIES EXCEPT COUNTIES OF THE FIRST CLASS WHICH DOES
30 NOT EXCEED THREE TIMES THE AVERAGE REALTY TRANSFER TAX
19940S1629B2422 - 34 -
1 REVENUES.
2 (2) AN ANNUAL ALLOCATION SHALL BE MADE TO EACH COUNTY,
3 EXCEPT COUNTIES OF THE FIRST CLASS, FOR THE PURCHASE OF
4 AGRICULTURAL CONSERVATION EASEMENTS BY THE COMMONWEALTH AT
5 THE BEGINNING OF THE COUNTY FISCAL YEAR WHICH EQUALS 50% OF
6 THE ANNUAL EASEMENT PURCHASE THRESHOLD MULTIPLIED BY THE
7 ADJUSTED WEIGHTED TRANSFER TAX REVENUES OF THE COUNTY FOR THE
8 PRECEDING CALENDAR YEAR.
9 (3) IF THE AGGREGATE ANNUAL ALLOCATION UNDER THIS
10 PARAGRAPH TO ALL [ELIGIBLE] COUNTIES, EXCEPT COUNTIES OF THE
11 FIRST CLASS, DOES NOT EXCEED 50% OF THE ANNUAL EASEMENT
12 PURCHASE THRESHOLD, AN ADDITIONAL ANNUAL ALLOCATION FROM 50%
13 OF THE ANNUAL EASEMENT PURCHASE THRESHOLD SHALL BE MADE TO A
14 COUNTY, EXCEPT A COUNTY OF THE FIRST CLASS, AT THE BEGINNING
15 OF THE COUNTY FISCAL YEAR FOR THE JOINT PURCHASE OF
16 AGRICULTURAL CONSERVATION EASEMENTS BY THE COMMONWEALTH AND A
17 COUNTY. THE ADDITIONAL ANNUAL ALLOCATION UNDER THIS PARAGRAPH
18 SHALL EQUAL THE SUM OF:
19 (I) THE ANNUAL APPROPRIATION OF LOCAL MONEYS BY A
20 COUNTY FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
21 EASEMENTS WHICH DOES NOT EXCEED THE AVERAGE ANNUAL
22 ALLOCATION UNDER PARAGRAPH (2) MULTIPLIED BY FOUR.
23 (II) THE ANNUAL APPROPRIATION OF LOCAL MONEYS BY A
24 COUNTY FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
25 EASEMENTS WHICH DOES NOT EXCEED THE AVERAGE ANNUAL
26 ALLOCATION UNDER PARAGRAPH (2) MULTIPLIED BY FOUR, IF THE
27 COUNTY HAS AN ANNUAL AGRICULTURAL PRODUCTION WHICH EQUALS
28 AT LEAST 2% OF THE TOTAL ANNUAL AGRICULTURAL PRODUCTION
29 OF THE COMMONWEALTH FOR THE SAME YEAR.
30 (4) IF THE AGGREGATE ANNUAL ALLOCATION UNDER PARAGRAPH
19940S1629B2422 - 35 -
1 (3) TO ALL [ELIGIBLE] COUNTIES, EXCEPT COUNTIES OF THE FIRST
2 CLASS, WOULD EXCEED 50% OF THE ANNUAL EASEMENT PURCHASE
3 THRESHOLD, PARAGRAPH (3) SHALL NOT APPLY, AND AN ADDITIONAL
4 ANNUAL ALLOCATION SHALL BE MADE UNDER THIS PARAGRAPH AT THE
5 BEGINNING OF THE COUNTY FISCAL YEAR FOR THE JOINT PURCHASE OF
6 AGRICULTURAL CONSERVATION EASEMENTS BY THE COMMONWEALTH AND A
7 COUNTY, EXCEPT A COUNTY OF THE FIRST CLASS. THE ADDITIONAL
8 ANNUAL ALLOCATION TO A COUNTY UNDER THIS PARAGRAPH SHALL
9 EQUAL 50% OF THE ANNUAL EASEMENT PURCHASE THRESHOLD
10 MULTIPLIED BY A PERCENTAGE EQUAL TO THE ANNUAL APPROPRIATION
11 OF LOCAL MONEYS APPROPRIATED BY THE COUNTY FOR THE PURCHASE
12 OF AGRICULTURAL CONSERVATION EASEMENTS DIVIDED BY THE
13 AGGREGATE OF LOCAL MONEYS APPROPRIATED BY ALL [ELIGIBLE]
14 COUNTIES, EXCEPT COUNTIES OF THE FIRST CLASS, FOR THE
15 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS AND IN ALL
16 CASES SHALL NOT EXCEED THE AVERAGE ANNUAL ALLOCATION UNDER
17 PARAGRAPH (2) MULTIPLIED BY FOUR.
18 (5) AN ADDITIONAL ANNUAL ALLOCATION SHALL BE MADE TO A
19 COUNTY, EXCEPT A COUNTY OF THE FIRST CLASS, FROM THE AMOUNT
20 BY WHICH 50% OF THE ANNUAL EASEMENT PURCHASE THRESHOLD
21 EXCEEDS THE TOTAL ALLOCATIONS MADE UNDER PARAGRAPH (3) OR
22 (4), AS THE CASE MAY BE, AS FOLLOWS:
23 (I) AN ADDITIONAL ANNUAL ALLOCATION SHALL BE MADE
24 FOR THE JOINT PURCHASE OF AGRICULTURAL CONSERVATION
25 EASEMENTS BY THE COMMONWEALTH AND A COUNTY WHICH EQUALS
26 SIX-TENTHS OF THE AMOUNT BY WHICH 50% OF THE ANNUAL
27 EASEMENT PURCHASE THRESHOLD EXCEEDS THE TOTAL ALLOCATIONS
28 MADE UNDER PARAGRAPH (3) OR (4), AS THE CASE MAY BE,
29 MULTIPLIED BY A PERCENTAGE EQUAL TO THE ANNUAL
30 APPROPRIATION OF LOCAL MONEYS APPROPRIATED BY THE COUNTY
19940S1629B2422 - 36 -
1 FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
2 DIVIDED BY THE AGGREGATE OF LOCAL MONEYS APPROPRIATED BY
3 ALL [ELIGIBLE] COUNTIES, EXCEPT COUNTIES OF THE FIRST
4 CLASS, FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
5 EASEMENTS.
6 (II) AN ADDITIONAL ANNUAL ALLOCATION SHALL BE MADE
7 FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
8 BY THE COMMONWEALTH WHICH EQUALS FOUR-TENTHS OF THE
9 AMOUNT BY WHICH 50% OF THE ANNUAL EASEMENT PURCHASE
10 THRESHOLD EXCEEDS THE TOTAL ALLOCATIONS MADE UNDER
11 PARAGRAPH (3) OR (4), AS THE CASE MAY BE, MULTIPLIED BY
12 THE ADJUSTED WEIGHTED TRANSFER TAX REVENUES OF THE COUNTY
13 FOR THE PRECEDING CALENDAR YEAR.
14 (6) THE ALLOCATION OF A COUNTY SHALL BE ADJUSTED FOR
15 PURCHASES OF AGRICULTURAL CONSERVATION EASEMENTS MADE WITH
16 MONEYS FROM THE COUNTY'S ALLOCATION, FOR ALL COSTS, EXCEPT
17 ADMINISTRATIVE COSTS, INCURRED BY THE COMMONWEALTH OR A
18 COUNTY INCIDENT TO THE PURCHASE OF AGRICULTURAL CONSERVATION
19 EASEMENTS AND FOR THE COSTS OF REIMBURSING NONPROFIT LAND
20 CONSERVATION ORGANIZATIONS FOR EXPENSES INCURRED IN ACQUIRING
21 AND TRANSFERRING AGRICULTURAL CONSERVATION EASEMENTS TO THE
22 COMMONWEALTH OR COUNTY. NO PURCHASE OF AN AGRICULTURAL
23 CONSERVATION EASEMENT SHALL BE MADE WITH STATE MONEYS
24 ALLOCATED TO A COUNTY UNLESS THE AMOUNT OF THE PURCHASE PRICE
25 IS EQUAL TO OR LESS THAN THE ADJUSTED ALLOCATION OR THE
26 COUNTY PAYS THE PORTION OF THE PURCHASE PRICE WHICH
27 REPRESENTS THE DIFFERENCE BETWEEN THE PURCHASE PRICE AND THE
28 ADJUSTED ALLOCATION.
29 [(7) THE FIRST ANNUAL ALLOCATION TO A COUNTY UNDER
30 PARAGRAPHS (3), (4) AND (5)(I) SHALL CONTINUE FOR THREE
19940S1629B2422 - 37 -
1 COUNTY FISCAL YEARS OCCURRING AFTER THE EFFECTIVE DATE OF
2 THIS ACT, AND THE SECOND AND THIRD SUCH ANNUAL ALLOCATIONS
3 SHALL EACH CONTINUE FOR TWO COUNTY FISCAL YEARS OCCURRING
4 AFTER THE EFFECTIVE DATE OF THIS ACT. THEREAFTER EACH SUCH
5 ANNUAL ALLOCATION SHALL BE FOR ONE COUNTY FISCAL YEAR. SUCH
6 ANNUAL ALLOCATIONS WHICH HAVE NOT BEEN EXPENDED OR ENCUMBERED
7 AT THE END OF THE PERIOD FOR WHICH THEY WERE ALLOCATED SHALL
8 BE REALLOCATED IN THE SUBSEQUENT COUNTY FISCAL YEAR TO A
9 COUNTY WHICH USED AT LEAST 90% OF THE ALLOCATION MADE TO THE
10 COUNTY AT THE START OF THE PERIOD. AN ANNUAL ALLOCATION SHALL
11 BE CONSIDERED TO BE ENCUMBERED AND SHALL NOT BE REALLOCATED
12 IF, BY DECEMBER 31 OF THE YEAR IN WHICH THAT ANNUAL
13 ALLOCATION WAS MADE TO THE COUNTY, THE DEPARTMENT HAS
14 RECEIVED AN AGREEMENT EXECUTED BY THE LANDOWNER AND THE
15 COUNTY TO PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION
16 EASEMENT AS PART OF THE COUNTY BOARD'S RECOMMENDATION FOR
17 PURCHASE. THE REALLOCATION TO A COUNTY UNDER THIS PARAGRAPH
18 SHALL BE THE TOTAL AMOUNT OF THE ANNUAL ALLOCATION AVAILABLE
19 FOR REALLOCATION UNDER THIS PARAGRAPH MULTIPLIED BY A
20 PERCENTAGE EQUAL TO THE ANNUAL APPROPRIATION OF LOCAL MONEYS
21 APPROPRIATED BY THE COUNTY FOR THE PURCHASE OF AGRICULTURAL
22 CONSERVATION EASEMENTS AT THE START OF THE COUNTY FISCAL YEAR
23 IN WHICH THE ANNUAL ALLOCATION WAS MADE DIVIDED BY THE
24 AGGREGATE OF LOCAL MONEYS APPROPRIATED BY ALL ELIGIBLE
25 COUNTIES FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
26 EASEMENTS AT THE START OF THE COUNTY FISCAL YEAR IN WHICH THE
27 ANNUAL ALLOCATION WAS MADE. MONEY REALLOCATED TO A COUNTY
28 UNDER THIS PARAGRAPH SHALL BE AVAILABLE FOR ONE COUNTY FISCAL
29 YEAR. MONEY REALLOCATED TO A COUNTY UNDER THIS PARAGRAPH THAT
30 HAS NOT BEEN SPENT OR ENCUMBERED AT THE CONCLUSION OF ONE
19940S1629B2422 - 38 -
1 COUNTY FISCAL YEAR SHALL BE RESTORED TO THE FUND. SUCH MONEY
2 SHALL BE CONSIDERED TO BE ENCUMBERED AND SHALL NOT BE
3 RESTORED TO THE FUND IF, BY DECEMBER 31 OF THE YEAR IN WHICH
4 A REALLOCATION WAS MADE TO THE COUNTY, THE DEPARTMENT HAS
5 RECEIVED AN AGREEMENT EXECUTED BY THE LANDOWNER AND THE
6 COUNTY TO PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION
7 EASEMENT AS PART OF THE COUNTY BOARD'S RECOMMENDATION FOR
8 PURCHASE.
9 (8) INITIAL ALLOCATIONS TO COUNTIES UNDER PARAGRAPHS (2)
10 AND (5)(II) SHALL CONTINUE UNTIL THE END OF THE FOURTH COUNTY
11 FISCAL YEAR OCCURRING AFTER THE EFFECTIVE DATE OF THIS ACT.
12 THE SUM OF THE TOTAL ANNUAL ALLOCATIONS OF ALL COUNTIES UNDER
13 PARAGRAPHS (2) AND (5)(II) WHICH HAVE NOT BEEN EXPENDED OR
14 ENCUMBERED BY THE END OF THE FOURTH COUNTY FISCAL YEAR, AND
15 EVERY COUNTY FISCAL YEAR THEREAFTER, OCCURRING AFTER THE
16 EFFECTIVE DATE OF THIS ACT SHALL BE REALLOCATED IN THE
17 SUBSEQUENT COUNTY FISCAL YEAR TO A COUNTY WHICH USED AT LEAST
18 90% OF THE ALLOCATION MADE TO THE COUNTY AT THE START OF THE
19 PERIOD. AN ANNUAL ALLOCATION SHALL BE CONSIDERED TO BE
20 ENCUMBERED AND SHALL NOT BE REALLOCATED IF, BY DECEMBER 31 OF
21 THE YEAR IN WHICH THAT ANNUAL ALLOCATION WAS MADE TO THE
22 COUNTY, THE DEPARTMENT HAS RECEIVED AN AGREEMENT EXECUTED BY
23 THE LANDOWNER AND THE COUNTY TO PURCHASE A SPECIFIC
24 AGRICULTURAL CONSERVATION EASEMENT AS PART OF THE COUNTY
25 BOARD'S RECOMMENDATION FOR PURCHASE. FOR PURPOSES OF
26 DETERMINING ELIGIBILITY FOR REALLOCATION OF FUNDS AND THE
27 AMOUNTS OF REALLOCATION, FUNDS ALLOCATED TO COUNTIES WILL BE
28 SEGREGATED AND ACCOUNTED FOR ON A COUNTY FISCAL YEAR BASIS.
29 FIFTY PERCENT OF THE AMOUNT AVAILABLE FOR ALLOCATION UNDER
30 THIS PARAGRAPH SHALL BE REALLOCATED IN THE MANNER SET FORTH
19940S1629B2422 - 39 -
1 IN PARAGRAPH (2), AND 50% OF THE AMOUNT AVAILABLE FOR
2 ALLOCATION UNDER THIS PARAGRAPH SHALL BE REALLOCATED IN THE
3 MANNER SET FORTH IN PARAGRAPHS (3), (4) AND (5). FOR PURPOSES
4 OF REALLOCATING FUNDS IN THE MANNER SET FORTH IN PARAGRAPH
5 (2), REALTY TRANSFER TAX REVENUES USED TO CALCULATE WEIGHTED
6 TRANSFER TAX REVENUES SHALL CORRESPOND TO THE YEAR FOR WHICH
7 FUNDS ARE BEING REALLOCATED AND WEIGHTED TRANSFER TAX
8 REVENUES SHALL BE CALCULATED ONLY FOR COUNTIES ELIGIBLE UNDER
9 THIS PARAGRAPH. MONEY REALLOCATED TO A COUNTY UNDER THIS
10 PARAGRAPH SHALL BE AVAILABLE FOR ONE COUNTY FISCAL YEAR.
11 MONEY REALLOCATED TO A COUNTY UNDER THIS PARAGRAPH THAT HAS
12 NOT BEEN SPENT OR ENCUMBERED AT THE CONCLUSION OF ONE COUNTY
13 FISCAL YEAR SHALL BE RESTORED TO THE FUND. SUCH MONEY SHALL
14 BE CONSIDERED TO BE ENCUMBERED AND SHALL NOT BE RESTORED TO
15 THE FUND IF, BY DECEMBER 31 OF THE YEAR IN WHICH A
16 REALLOCATION WAS MADE TO THE COUNTY, THE DEPARTMENT HAS
17 RECEIVED AN AGREEMENT EXECUTED BY THE LANDOWNER AND THE
18 COUNTY TO PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION
19 EASEMENT AS PART OF THE COUNTY BOARD'S RECOMMENDATION FOR
20 PURCHASE.]
21 (8.1) BEGINNING WITH THE ANNUAL ALLOCATION UNDER
22 PARAGRAPHS (2), (3), (4) AND (5) MADE BY MARCH 1, 1995, AND
23 FOR EACH ANNUAL ALLOCATION THEREAFTER, MONEY ALLOCATED TO
24 COUNTIES WHICH ARE NOT ELIGIBLE COUNTIES SHALL BE IMMEDIATELY
25 REALLOCATED TO ELIGIBLE COUNTIES. FIFTY PERCENT OF THE MONEY
26 AVAILABLE FOR REALLOCATION UNDER THIS PARAGRAPH SHALL BE
27 REALLOCATED TO ELIGIBLE COUNTIES ON THE BASIS OF THE ANNUAL
28 AGRICULTURAL PRODUCTION IN EACH ELIGIBLE COUNTY AS A
29 PERCENTAGE OF THE TOTAL ANNUAL AGRICULTURAL PRODUCTION IN ALL
30 THOSE ELIGIBLE COUNTIES. TWENTY-FIVE PERCENT OF THE MONEY
19940S1629B2422 - 40 -
1 AVAILABLE FOR REALLOCATION UNDER THIS PARAGRAPH SHALL BE
2 REALLOCATED TO ELIGIBLE COUNTIES ON THE BASIS OF THE REALTY
3 TRANSFER TAX REVENUES FOR THE LAST FISCAL YEAR IN EACH OF THE
4 ELIGIBLE COUNTIES AS A PERCENTAGE OF THE TOTAL REALTY
5 TRANSFER TAX REVENUES FOR THE LAST FISCAL YEAR IN ALL THOSE
6 ELIGIBLE COUNTIES. TWENTY-FIVE PERCENT OF THE MONEY AVAILABLE
7 FOR REALLOCATION UNDER THIS PARAGRAPH SHALL BE REALLOCATED TO
8 ELIGIBLE COUNTIES ON THE BASIS OF THE LOCAL MONEYS
9 APPROPRIATED BY ELIGIBLE COUNTIES FOR THE PURCHASE OF
10 AGRICULTURAL CONSERVATION EASEMENTS FOR THE CURRENT COUNTY
11 FISCAL YEAR IN EACH OF THE ELIGIBLE COUNTIES AS A PERCENTAGE
12 OF THE TOTAL OF LOCAL MONEYS APPROPRIATED FOR THE PURCHASE OF
13 AGRICULTURAL CONSERVATION EASEMENTS FOR THE CURRENT COUNTY
14 FISCAL YEAR IN ALL THOSE ELIGIBLE COUNTIES.
15 (8.2) THE TOTAL ANNUAL ALLOCATION MADE TO AN ELIGIBLE
16 COUNTY BY MARCH 1 OF THE COUNTY'S FISCAL YEAR FOR THE
17 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS AND THE TOTAL
18 ANNUAL REALLOCATION MADE TO AN ELIGIBLE COUNTY UNDER
19 PARAGRAPH (8.1) MAY BE SPENT OVER A PERIOD OF TWO CONSECUTIVE
20 COUNTY FISCAL YEARS. MONEY ALLOCATED OR REALLOCATED TO A
21 COUNTY UNDER THIS SUBSECTION WHICH HAS NOT BEEN EXPENDED OR
22 ENCUMBERED BY SUCH COUNTY AT THE CONCLUSION OF THE SECOND
23 COUNTY FISCAL YEAR SHALL BE RESTORED TO THE FUND. SUCH MONEY
24 SHALL NOT BE RESTORED TO THE FUND IF, BY DECEMBER 31 OF THE
25 SECOND FISCAL YEAR, THE DEPARTMENT HAS RECEIVED AN AGREEMENT
26 EXECUTED BY THE LANDOWNER AND THE COUNTY TO PURCHASE A
27 SPECIFIC AGRICULTURAL CONSERVATION EASEMENT AS PART OF THE
28 COUNTY BOARD'S RECOMMENDATION FOR PURCHASE.
29 (9) THE ALLOCATION MADE TO A COUNTY UNDER THIS
30 SUBSECTION SHALL BE USED FOR THE PURCHASE OF AGRICULTURAL
19940S1629B2422 - 41 -
1 CONSERVATION EASEMENTS IN PERPETUITY[: PROVIDED, THAT NO MORE
2 THAN 30% OF SUCH ALLOCATION MAY BE USED AT THE OPTION OF A
3 COUNTY FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
4 EASEMENTS FOR A TERM OF 25 YEARS IN THE MANNER PROVIDED FOR
5 IN THIS ACT].
6 (10) (I) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
7 SUBSECTION OR ANY PROVISION OF REGULATIONS PROMULGATED
8 PURSUANT TO THIS ACT, THE DEPARTMENT SHALL NOT REALLOCATE
9 FUNDS WHICH WERE ALLOCATED PRIOR TO JANUARY 1, 1994, IF,
10 BY DECEMBER 31, 1993, THE DEPARTMENT HAS RECEIVED AN
11 AGREEMENT SIGNED BY THE LANDOWNER AND THE COUNTY BOARD TO
12 PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION EASEMENT AS
13 PART OF THE COUNTY BOARD'S RECOMMENDATION FOR PURCHASE.
14 (II) NOTHING IN THIS PARAGRAPH SHALL AFFECT ANY
15 REALLOCATION MADE PRIOR TO THE EFFECTIVE DATE OF THIS
16 PARAGRAPH.
17 (I) SUBDIVISION OF LAND AFTER EASEMENT PURCHASE.--
18 (1) EACH COUNTY PROGRAM SHALL SPECIFY THE CONDITIONS
19 UNDER WHICH THE SUBDIVISION OF LAND SUBJECT TO AN
20 AGRICULTURAL CONSERVATION EASEMENT MAY BE PERMITTED. IN NO
21 CASE, HOWEVER, SHALL A COUNTY PROGRAM PERMIT A SUBDIVISION
22 WHICH WILL:
23 (I) HARM THE ECONOMIC VIABILITY OF THE FARMLAND FOR
24 AGRICULTURAL PRODUCTION; OR
25 (II) CONVERT LAND WHICH HAS BEEN DEVOTED PRIMARILY
26 TO AGRICULTURAL USE TO ANOTHER PRIMARY USE, EXCEPT THAT A
27 COUNTY PROGRAM MAY PERMIT ONE SUBDIVISION FOR THE PURPOSE
28 OF THE CONSTRUCTION OF A PRINCIPAL RESIDENCE FOR THE
29 LANDOWNER OR AN IMMEDIATE FAMILY MEMBER.
30 (2) THE COUNTY BOARD MAY AGREE TO PERMIT A PARCEL OF
19940S1629B2422 - 42 -
1 LAND SUBJECT TO AN AGRICULTURAL CONSERVATION EASEMENT TO BE
2 SUBDIVIDED AFTER THE GRANTING OF SUCH EASEMENT AS FOLLOWS:
3 (I) THE LANDOWNER OF RECORD MAY SUBMIT AN
4 APPLICATION, IN SUCH FORM AND MANNER AS THE COUNTY BOARD
5 MAY PRESCRIBE, TO THE COUNTY BOARD REQUESTING THAT A
6 PARCEL OF THE LAND SUBJECT TO AN EASEMENT BE SUBDIVIDED.
7 UPON RECEIPT OF THE APPLICATION, THE COUNTY BOARD SHALL
8 CAUSE TO BE FORWARDED WRITTEN NOTIFICATION THEREOF TO THE
9 COUNTY ZONING OFFICE, COUNTY PLANNING OFFICE AND COUNTY
10 FARMLAND PRESERVATION OFFICE, HEREIN REFERRED TO AS THE
11 REVIEWING AGENCIES. EACH REVIEWING AGENCY SHALL HAVE 60
12 DAYS FROM RECEIPT OF SUCH NOTIFICATION TO REVIEW, COMMENT
13 AND MAKE RECOMMENDATIONS ON THE PROPOSED APPLICATION TO
14 THE COUNTY BOARD.
15 (II) AFTER REVIEWING THE APPLICATION AND THE
16 COMMENTS AND RECOMMENDATIONS SUBMITTED BY THE REVIEWING
17 AGENCIES, THE COUNTY BOARD SHALL APPROVE OR REJECT THE
18 APPLICATION TO SUBDIVIDE WITHIN 120 DAYS AFTER THE DATE
19 OF ITS FILING, UNLESS THE TIME IS EXTENDED BY MUTUAL
20 AGREEMENT OF THE LANDOWNER AND REVIEWING AGENCIES.
21 (III) IF THE APPLICATION TO SUBDIVIDE LAND IS
22 APPROVED BY THE COUNTY BOARD, A COPY OF THE APPLICATION,
23 ALONG WITH THE COMMENTS AND RECOMMENDATIONS OF THE
24 REVIEWING AGENCIES, SHALL BE FORWARDED TO THE STATE BOARD
25 FOR REVIEW AND APPROVAL OR DISAPPROVAL. WHEN REVIEWING AN
26 APPLICATION TO SUBDIVIDE LAND SUBJECT TO AN AGRICULTURAL
27 CONSERVATION EASEMENT, THE STATE BOARD SHALL CONSIDER
28 ONLY WHETHER THE APPLICATION COMPLIES WITH THE CONDITIONS
29 UNDER WHICH SUBDIVISIONS ARE PERMITTED BY THE APPROVED
30 COUNTY PROGRAM. THE STATE BOARD SHALL NOTIFY THE COUNTY
19940S1629B2422 - 43 -
1 BOARD OF ITS DECISION REGARDING THE APPLICATION.
2 (IV) IF THE APPLICATION TO SUBDIVIDE IS REJECTED BY
3 THE COUNTY BOARD, THE APPLICATION SHALL BE RETURNED TO
4 THE LANDOWNER WITH A WRITTEN STATEMENT OF THE REASONS FOR
5 SUCH REJECTION. WITHIN 30 DAYS AFTER THE RECEIPT OF THE
6 STATEMENT OF REJECTION, THE LANDOWNER MAY APPEAL THE
7 REJECTION IN ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. B
8 (RELATING TO PRACTICE AND PROCEDURE OF LOCAL AGENCIES)
9 AND CH. 7 SUBCH. B (RELATING TO JUDICIAL REVIEW OF LOCAL
10 AGENCY ACTION).
11 (J) CHANGE OF OWNERSHIP.--
12 (1) WHENEVER INTEREST IN LAND SUBJECT TO AN AGRICULTURAL
13 CONSERVATION EASEMENT IS CONVEYED OR TRANSFERRED TO ANOTHER
14 PERSON, THE DEED CONVEYING OR TRANSFERRING SUCH LAND SHALL
15 RECITE IN VERBATIM THE LANGUAGE OF THE EASEMENT AS SET FORTH
16 IN THE DEED EXECUTED IN CONNECTION WITH THE PURCHASE OF THE
17 AGRICULTURAL CONSERVATION EASEMENT.
18 (2) THE PERSON CONVEYING OR TRANSFERRING LAND SUBJECT TO
19 AN AGRICULTURAL CONSERVATION EASEMENT SHALL, WITHIN 30 DAYS
20 OF CHANGE IN OWNERSHIP, NOTIFY THE COUNTY BOARD AND THE
21 DEPARTMENT OF THE NAME AND ADDRESS OF THE PERSON TO WHOM THE
22 SUBJECT LAND WAS CONVEYED OR TRANSFERRED AND THE PRICE PER
23 ACRE, OR PORTION THEREOF, RECEIVED BY THE LANDOWNER FROM SUCH
24 PERSON.
25 (3) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE
26 CONTRARY, THE RESTRICTIONS SET FORTH IN A DEED EXECUTED IN
27 CONNECTION WITH THE PURCHASE OF AN AGRICULTURAL CONSERVATION
28 EASEMENT SHALL BE BINDING ON ANY PERSON TO WHOM SUBSEQUENT
29 OWNERSHIP OF THE LAND SUBJECT TO THE EASEMENT IS CONVEYED OR
30 TRANSFERRED.
19940S1629B2422 - 44 -
1 SECTION 3. SECTION 14.3(E) OF THE ACT IS REPEALED.
2 SECTION 4. SECTION 15 OF THE ACT IS AMENDED TO READ:
3 SECTION 15. RULES AND REGULATIONS.
4 THE SECRETARY OF THE DEPARTMENT OF AGRICULTURE SHALL
5 PROMULGATE RULES AND REGULATIONS NECESSARY TO PROMOTE THE
6 EFFICIENT, UNIFORM AND STATEWIDE ADMINISTRATION OF THE ACT. FROM
7 JANUARY 1, 1995, THROUGH DECEMBER 31, 1997, THE SECRETARY OF
8 AGRICULTURE SHALL HAVE THE POWER AND AUTHORITY TO PROMULGATE,
9 ADOPT AND USE GUIDELINES TO IMPLEMENT THE PROVISIONS OF THIS
10 ACT. THE GUIDELINES SHALL BE PUBLISHED IN THE PENNSYLVANIA
11 BULLETIN BUT SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO SECTION
12 205 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO
13 AS THE COMMONWEALTH DOCUMENTS LAW, SECTIONS 204(B) AND 301(10)
14 OF THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
15 "COMMONWEALTH ATTORNEYS ACT," OR THE ACT OF JUNE 25, 1982
16 (P.L.633, NO.181), KNOWN AS THE "REGULATORY REVIEW ACT." ALL
17 SUCH GUIDELINES SHALL EXPIRE NO LATER THAN DECEMBER 31, 1997,
18 AND SHALL BE REPLACED BY REGULATIONS WHICH SHALL HAVE BEEN
19 PROMULGATED, ADOPTED AND PUBLISHED AS PROVIDED BY LAW.
20 SECTION 5. THE AMENDMENT OF SECTION 14.1(C)(6)(IV) OF THE
21 ACT SHALL BE RETROACTIVE TO JUNE 30, 1981.
22 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
23 (1) THE AMENDMENT OF SECTION 14.1(H)(7) AND (8) OF THE
24 ACT SHALL TAKE EFFECT JANUARY 1, 1996.
25 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
26 1, 1995.
B3L03JLW/19940S1629B2422 - 45 -