Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.21 - Effective date of the creation or modification of an ASA

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
ASA proposal or modification
				  covering land in a single local government unit.
If an ASA proposal or
				  proposed modification involves land located entirely within a single local
				  government unit, the ASA shall become effective upon the date the governing
				  body of the local government unit approves the ASA. If proposed modifications
				  to an ASA proposal are made, and the modifications involve land located
				  entirely within the same single local government unit as the proposed ASA, the
				  modifications shall become effective as of the date the governing body of the
				  local government unit approves the modifications.
(b)
ASA proposal or modification
				  covering land in more than one local government unit.
If an ASA
				  proposal or proposed modification involves land located in more than one local
				  government unit, the ASA shall become effective upon the date a local
				  government unit, or a combination of local government units, approves a portion
				  of the ASA proposal that meets the minimum acreage and other requirements for
				  an ASA in §
										138l.12 (relating to eligibility to
				  propose the creation of an ASA), or as otherwise prescribed by the act. The
				  remaining portions of the ASA proposal shall become effective upon the date of
				  local government unit approval.
(c)
Deemed approval date.
If a governing body fails to approve,
				  reject or modify an ASA proposal within 180-days of the official date of
				  receipt of the ASA proposal, as described in §
										§
										138l.16(b) and
				  138l.19(a)
				  (relating to submitting an ASA proposal form to the local government unit; and
				  decision of local government unit), the ASA proposal shall be deemed to have
				  been adopted without modification, and the ASA shall become effective as of the
				  expiration of that 180-day period.
(d)
Automatic inclusion: certain
				  parcels transected by the dividing line between local government
				  units.
If a portion of a parcel is located within a local government
				  unit that does not have an ASA established within its borders, that portion
				  may-without the approval of the governing body of that local government unit-be
				  included in the ASA of an adjoining local government unit in accordance with
				  the procedure described in §
										138l.32 (relating to automatic
				  inclusion of certain parcels bisected by the dividing line between local
				  government units). The ASA shall become effective upon the date the governing
				  body of the adjoining local government unit approves the ASA.
(e)
Automatic inclusion: certain
				  agricultural conservation easement purchases involving land in more than one
				  local government unit.
If a portion of a parcel is not located within
				  an ASA, but an agricultural conservation easement is purchased with respect to
				  the parcel in accordance with §
										138l.33 (relating to automatic
				  inclusion of certain parcels bisected by the dividing line between local
				  government units upon the purchase of an agricultural conservation easement by
				  certain entities), the portion shall become part of an ASA upon the purchase of
				  the agricultural conservation easement.
(f)
Automatic inclusion: cross-county
				  agricultural conservation easement purchases.
If a portion of a parcel
				  is not located within an ASA, but an agricultural conservation easement is
				  purchased with respect to the parcel in accordance with §
										138l.34 (relating to automatic
				  inclusion of portions of certain parcels bisected by the dividing line between
				  counties upon the purchase of an agricultural conservation easement), the
				  portion shall become part of an ASA upon the purchase of the agricultural
				  conservation easement.
This section cited in 7 Pa. Code §
												138l.22 (relating to filing of ASA
						description by governing body; recording of the ASA
						description).