PRINTER'S NO. 2032
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1713
Session of
2023
INTRODUCED BY STAMBAUGH, HAMM, KAUFFMAN, STAATS, JAMES,
LEADBETER, KEEFER AND ZIMMERMAN, SEPTEMBER 26, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
SEPTEMBER 26, 2023
AN ACT
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas," further
providing for purchase of agricultural conservation
easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14.1(c)(6)(iv) of the act of June 30,
1981 (P.L.128, No.43), known as the Agricultural Area Security
Law, is amended and subsection (i) is amended by adding a
paragraph to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(c) Restrictions and limitations.--An agricultural
conservation easement shall be subject to the following terms,
conditions, restrictions and limitations:
* * *
(6) An agricultural conservation easement shall not
prevent:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
* * *
(iv) Construction and use of structures on the
subject land for the purpose of a residence for the
landowner, an immediate family member or an employee[:
Provided, That only]. The following shall apply:
(A) Subject to clause (C), only one such
structure may be constructed on no more than two
acres of the subject land during the term of the
agricultural conservation easement[: and Provided
further, That the].
(B) The owner of the land subject to the
agricultural conservation easement may relinquish and
extinguish the right of construction and use of
structures conferred by this clause by recording, in
the office for the recording of deeds in the county
in which the land subject to the agricultural
conservation easement is located, an affidavit
evidencing the intent to relinquish and extinguish
which includes a reference to the original deed of
easement.
(C) A county program may provide for the
construction of additional residential structures
under subsection (i)(1.1).
* * *
(i) Subdivision of land after easement purchase.--
* * *
(1.1) In addition to the provisions of paragraph (1)
(ii), each county program may permit by subdivision the
conversion of land which has been devoted primarily to
agricultural use for the purpose of a residence for the
20230HB1713PN2032 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
landowner, an immediate family member or an employee if the
following apply:
(i) The subject land consists of 130 or more acres.
(ii) A right or relinquishment under paragraph (1)
(ii) has been exercised on the subject land.
(iii) One additional residence may be constructed on
no more than two acres of the subject land, plus on two
additional acres for every 80 acres by which the subject
land exceeds 130 acres.
(iv) If the subject land upon which the residence
under this paragraph is constructed is subsequently
subdivided or conveyed or transferred in whole or in
part, the subject land upon which the residence is
located must continue to consist of 80 or more acres.
* * *
Section 2. This act shall take effect in 60 days.
20230HB1713PN2032 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16