reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR PURCHASING AN EASEMENT › Section 138e.72 - Transactions affecting ownership of easement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General prohibition.
Neither the Commonwealth nor the county may sell, convey, extinguish, lease,
				  encumber or restrict in whole or in part its interest in an agricultural
				  conservation easement for 25 years from the date of the purchase of the
				  easement. This prohibition will not be construed to prevent a public entity,
				  authority or political subdivision from exercising the power of eminent domain
				  and condemning restricted land in accordance with section 14.1(c)(5) of the act
				  (3 P.
				  S. §
											914.1(c)(5)).
(b)
Disposition of proceeds.
Upon the sale, conveyance, extinguishment, lease, encumbrance or other
				  disposition of the easement, the Commonwealth and the county shall receive a
				  pro rata share of the proceeds based upon their respective contributions to the
				  purchase price.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR PURCHASING AN EASEMENT › Section 138e.73 - Survey requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirement.
If a survey of land being considered for
				  agricultural conservation easement purchase is required under §
										138e.67(d)
				  (relating to requirements of the agricultural conservation easement deed) or is
				  otherwise required to determine metes and bounds of any right-of-way or other
				  interests in the land, the survey shall indicate that it has a closure error of
				  not greater than 1 foot per 10,000 linear feet in the survey, and shall
				  otherwise comply with the boundary survey measurement standards published by
				  the Pennsylvania Society of Land Surveyors in its "Manual of Practice for
				  Professional Land Surveyors in the Commonwealth of Pennsylvania," adopted July
				  10, 1998, or its most current successor document.
(b)
Other requirements.
A
				  survey described in subsection (a) shall also contain the following:
(1) A recordable legal description setting
				  forth the metes, bounds, monumentation, exceptions, easements and rights-of-way
				  with respect to the farmland tract or other subject of the survey.
(2) A copy of the final boundary survey in
				  digital electronic format that complies with the conservation easement
				  Geographic Information System (GIS) technical standards maintained in the
				  guidebook prepared by the Department in accordance with section 14.1(a)(3)(xv)
				  of the act (3 P. S. §
												914.1(a)(3)(xv)). The
				  digital format shall show the bearings and distances between each monument and
				  contain the northing and easting of each monument.
(3) Coordinates of at least two ground
				  control points located sequentially along the boundary survey, with latitude
				  and longitude expressed in decimal degrees with an accuracy of 6 recorded
				  decimal places. These coordinates shall be based on the "North American Datum
				  of 1983," or its most current successor document, and shall be obtained through
				  field observation or verification of datum.
(4) A paper copy of the plotted final survey
				  map from the digital file showing the course bearings and distances and other
				  annotations and symbols as maintained in the guidebook prepared by the
				  Department in accordance with section 14.1(a)(3)(xv) of the
				  act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › STATE BOARD REVIEW OF A PURCHASE RECOMMENDATION › Section 138e.91 - Recommendation for purchase

Current through Register Vol. 54, No. 28, July 13, 2024
A county board shall make its recommendation for purchase
					 of an easement by submitting the following documents to the Director, Bureau of
					 Farmland Preservation, Department of Agriculture, 2301 North Cameron Street,
					 Harrisburg, Pennsylvania 17110-9408:
(1) Twenty-five copies of the summary report
				  prepared in accordance with §
										138e.70 (relating to summary
				  report), including the following items:
(i) A
				  cover letter from the county (optional).
(ii) A narrative summary.
(iii) A current United States Geological
				  Survey (USGS) topographical map that clearly and legibly shows the subject
				  property location and boundaries, location of neighboring easements and
				  exclusions withheld from the subject property.
(iv) The Soil Report Form "C" (a form
				  provided by the Department), both pages. See Appendix B (relating to Form C
				  Soils Report).
(v) The list of soil
				  mapping unit names, symbols and land capability classes on the subject
				  property.
(vi) A legible, uncolored
				  soil map of the subject property.
(vii) A tax map showing the subject property
				  location and boundaries, exclusions withheld from the subject property, utility
				  rights-of-way and access road rights-of-way.
(viii) A summary table showing the individual
				  farmland ranking scores by category for applications selected for county
				  appraisal, including an indication of the easement purchase status of
				  higher-ranking applicants.
(ix) A
				  copy of Exhibit B from the agreement of sale, modified to include interest,
				  total acres and per acre easement cost.
(x) The 25 copies submitted shall be
				  individually collated and three-hole punched, but not stapled.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › STATE BOARD REVIEW OF A PURCHASE RECOMMENDATION › Section 138e.92 - Review and decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  State Board will acknowledge receipt of the recommendation for purchase of an
				  easement. The State Board will notify the county board if the recommendation
				  for purchase is incomplete or incorrect and request that additional necessary
				  clarification, information or documentation be supplied.
(b) Within 60 days of receipt of a complete
				  recommendation for purchase, the State Board may approve, disapprove or table
				  the purchase. The State Board may delay its action on a recommendation for
				  purchase beyond this 60-day deadline if any of the conditions excusing the
				  delay, as set forth in section
				  14.1(e)(2) of the
				  act (3 P. S. §
											914.1(e)(2)), occur. If
				  State Board action is delayed as a result of any of these conditions, the
				  60-day period shall be extended until applicable issues in section
				  14.1(e)(2) of the
				  act are resolved to the satisfaction of the State Board, whereupon the State
				  Board will act on the recommendation of the county board at its next scheduled
				  meeting.
(1) If the recommendation for
				  purchase is approved, the State Board will execute the agreement of
				  sale.
(2) If the recommendation for
				  purchase is disapproved or tabled, the State Board will notify the county board
				  in writing of the reasons for disapproval or tabling. The State Board will mail
				  this written notification within 10 days of the disapproval or tabling. If the
				  recommendation for purchase has been disapproved, the county board may resubmit
				  the recommendation if the purchase recommendation has been revised to address
				  the State Board's reasons for disapproval. The resubmittal shall be treated as
				  a new recommendation for purchase.
(3) The county board may withdraw its
				  recommendation for purchase from the State Board prior to action by the State
				  Board. The county board may resubmit the recommendation for consideration. The
				  resubmittal will be treated as a new recommendation for purchase.
(4) Failure of the State Board to act on a
				  recommendation for purchase within 60 days of its receipt constitutes approval
				  by the State Board.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › STATE BOARD REVIEW OF A PURCHASE RECOMMENDATION › Section 138e.93 - Postsettlement recording and reporting procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Retaining copies of essential
				  documents.
The county board shall make and retain photocopies of the
				  following documents after settlement is held with respect to an agricultural
				  conservation easement purchase, and prior to the recording of the deed of
				  agricultural conservation easement in the appropriate recorder of deeds'
				  office:
(1) The complete and fully-executed
				  deed of agricultural conservation easement, including the complete legal
				  description of the land subject to the agricultural conservation
				  easement.
(2) A marked-up title
				  insurance commitment document, reflecting that all listed title insurance
				  exceptions have been addressed and resolved prior to the purchase of the
				  agricultural conservation easement.
(3) Mortgage satisfaction pieces,
				  subordination agreements and other documents to be recorded in connection with
				  the agricultural conservation easement purchase.
(4) The complete and fully-executed
				  conservation plan agreement form as described in §
											138e.222(a)
				  (relating to conservation plan).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › ALLOCATION OF FUNDS › Section 138e.101 - Annual easement purchase threshold

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On or before March 1 of each year in
				  which money is available from the Fund, the State Board will meet and determine
				  the annual easement purchase threshold for the current county fiscal
				  year.
(b) The annual easement
				  purchase threshold shall be at least $10 million, unless the total amount
				  available in the Fund is less than $10 million, in which case the annual
				  easement purchase threshold shall be the total amount available in the
				  Fund.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › ALLOCATION OF FUNDS › Section 138e.102 - Allocation of funds to counties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On or before March 1 of each year in
				  which money is available from the Fund, the State Board shall determine and
				  announce an allocation of grant funds and State matching funds to eligible
				  counties.
(b) An allocation of
				  grant funds shall be made to all eligible counties.
(c) Grant funds allocated to an eligible
				  county will be available to be expended or encumbered for easement purchases
				  for 2 consecutive county fiscal years, commencing with the county fiscal year
				  within which the allocation is made.
(d) A county that wishes to participate in
				  the allocation of State matching funds shall:
(1) Appropriate county matching funds to be
				  used exclusively for the purchase of easements.
(2) Submit to the State Board a certified
				  copy of the resolution or other action of the county governing body
				  appropriating county matching funds to be used exclusively for the purchase of
				  easements.
(i) The certified resolution or
				  other action shall be executed by the chief fiscal officer of the county and an
				  authorized official of the county governing body.
(ii) The certified resolution or other action
				  shall be in a form provided by the State Board.
(iii) The certified resolution or other
				  action shall be received by the State Board by January 31 to be considered for
				  an allocation of State matching funds for the year.
(iv) County matching fund appropriations
				  shall be available for the same 2-consecutive-county-fiscal-year period during
				  which grant funds allocated under subsection (c) are available to be expended
				  or encumbered.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › ALLOCATION OF FUNDS › Section 138e.103 - Expenditure of matching funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) State matching funds may be expended in a
				  county only upon the recommendation of the county board.
(b) A county board that recommends the
				  expenditure of State matching funds for the purchase of a specific easement
				  shall state the amount of county matching funds that will be used for the
				  purchase of the easement.
(c)
				  County matching funds shall be expended within the periods specified in §
										138e.102(e)
				  (relating to allocation of funds to counties).
(d) An easement purchased using solely county
				  funds will be considered an expenditure of county matching funds under section
				  14.1(h)(3), (4) and (5)(i) of the act (3 P. S. §
											914.1(h)(3), (4) and (5)(i))
				  if:
(1) The easement document recorded in the
				  land records of the county in which the farmland tract is located contains the
				  provisions in §
											138e.241 (relating to deed clauses)
				  and any more restrictive provisions required under the county
				  program.
(2) Upon settlement of the
				  purchase of an easement, the county board submits the following to the State
				  Board:
(i) A copy of the complete and
				  fully-executed deed of agricultural conservation easement, including the
				  complete legal description of the land subject to the agricultural conservation
				  easement.
(ii) A copy of the
				  production report with respect to the farmland tract, if the report is required
				  under §
												138e.61(e)
				  (relating to application).
(iii) A
				  statement describing the nature and scope of compliance with the conservation
				  plan for the farmland tract.
(iv)
				  The date of approval of the conservation plan, a copy of the conservation plan
				  and a copy of the executed conservation plan agreement as described in §
												138e.222 (relating to conservation
				  plan).
(v) A completed Soil Report
				  Form "C" (a form provided by the Department), both pages. See Appendix B
				  (relating to Form C Soils Report).
(vi) A current United States Geological
				  Survey (USGS) topographical map that clearly and legibly shows the subject
				  property location and boundaries, location of neighboring easements and
				  exclusions withheld from the subject property.
(vii) A statement of costs, as described in
				  §
												138e.69 (relating to statement of
				  costs).
(viii) An invoice as
				  described in §
												138e.93(d)(1)(vi)
				  (relating to postsettlement recording and reporting
				  procedures).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › ALLOCATION OF FUNDS › Section 138e.104 - Installment sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Options.
Payment for an agricultural conservation easement may
				  be made in a lump sum, in installments or in another lawful manner of
				  payment.
(b)
Installment
				  sales with a payment period of 5 years or less.
Installment sales in
				  which the final payment for the easement purchase is to be made no longer than
				  5 years from the date the contract of sale is fully executed are subject to the
				  following requirements:
(1) Purchases may be
				  made in the name of the Commonwealth, an eligible county or jointly by the
				  Commonwealth and an eligible county.
(2) The Department will provide the agreement
				  of sale for purchases made in the name of the Commonwealth solely or jointly by
				  the Commonwealth and an eligible county.
(3) The installment payment terms, including
				  the dates of payments, payment amounts and interest rate on the outstanding
				  balance shall be negotiated between the landowner and the county
				  board.
(4) The interest rate to be
				  paid on the outstanding balance, shall be established by the county board, and
				  shall be stated in the agreement of sale.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.201 - Responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
				  board shall have the primary responsibility for inspecting restricted land and
				  enforcing the following:
(1) Agricultural
				  conservation easements that were acquired under authority of the act and are
				  located within the county.
(2)
				  Agricultural conservation easements which were acquired under authority of
				  section 14.1(b)(2)(i) of the act (3 P. S. §
												914.1(b)(2)(i)), including
				  any portion extending into an adjoining county.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.202 - Inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
				  board shall inspect all restricted land within the county at least annually to
				  determine compliance with the applicable deed of easement. The first inspection
				  shall be completed within 1 year of the date of easement sale, and shall be
				  included in the annual report described in §
										138e.203 (relating to annual
				  report) no later than the first annual report following that 1-year
				  period.
(b) Written notice of an
				  inspection to be conducted under subsection (a) shall be mailed by certified
				  mail to the owner at least 10 days prior to the inspection.
(c) An inspection conducted under subsection
				  (a) shall be performed between the hours of 8 a.m. and 5 p.m. on a weekday that
				  is not a legal holiday recognized by the Commonwealth, or a date and time
				  agreeable to the county and the landowner.
(d) Within 10 days of conducting an
				  inspection under subsection (a), the county board shall prepare a written
				  inspection report setting forth the following information:
(1) The identification of the land
				  inspected.
(2) The name of the
				  owner of the farmland at the time the easement was originally acquired and the
				  name of the current owner of the land inspected.
(3) A description of modifications in the
				  number, type, location or use of any structures on the land since the date of
				  the filing of the deed of easement.
(4) A description of deviations from the
				  conservation plan observed on the restricted land.
(5) A statement of whether the provisions of
				  the deed of easement are being observed.
(6) A statement indicating whether a
				  structure permitted under section 14.1(c)(6)(iv) of the act (3 P. S. §
												914.1(c)(6)(iv)) has been
				  constructed on the restricted land and, if such a structure has been
				  constructed, the month and year construction was completed and a description of
				  the structure and its location on the land.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.203 - Annual report

Current through Register Vol. 54, No. 28, July 13, 2024
The county board shall file the following with the State
					 Board by March 1 of each year:
(1) A
				  copy of inspection reports for inspections conducted during the prior
				  year.
(2) An annual report which
				  summarizes the number of inspections, violations detected, violations resolved
				  and the circumstances surrounding unresolved violations.
This section cited in 7 Pa. Code §
												138e.21 (relating to inspection and
						enforcement of an easement); and 7 Pa. Code §
												138e.202 (relating to
						inspections).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.204 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
				  board shall enforce the terms of each easement purchased within the county
				  under the act, whether it be a local government unit, county, State or joint
				  purchase.
(b) The State Board may
				  enforce the terms of State or jointly purchased easements.
(c) The right of the State Board to enforce
				  the terms of an easement may be exercised either jointly with the county board
				  or by the State Board acting on its own behalf.
This section cited in 7 Pa. Code §
												138e.21 (relating to inspection and
						enforcement of an easement).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.205 - Notification to owner

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within
				  10 days of the discovery of a violation of the terms of an easement, the county
				  board shall send written notice of the violation to the owner of the restricted
				  land, the county governing body and the State Board.
(b) The written notice required by this
				  section shall be sent by certified mail and shall set forth the following
				  information:
(1) A copy of the inspection
				  report.
(2) A copy of the deed of
				  easement.
(3) A description of the
				  action or condition which constitutes the alleged violation.
(4) A statement of the measures necessary to
				  correct the alleged violation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.206 - Enforcement actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sixty days
				  after the mailing of a notice of violation under §
										138e.205 (relating to notification
				  to owner), the county board shall commence and pros-ecute an action in the
				  court of common pleas of the county in which the restricted land is located
				  seeking an order requiring correction of the violation, enjoining further
				  violation of the terms of the easement, and other appropriate relief, unless
				  the county board does one of the following:
(1) Determines with the State Board that the
				  violation has been corrected.
(2)
				  Completes the following requirements:
(i)
				  Determines that the owner of the restricted land has commenced the necessary
				  corrective measures, or determines that the necessary corrective measures
				  cannot reasonably be completed within the 60-day period described in this
				  subsection.
(ii) Established a
				  period not to exceed 1 year within which the corrective measures shall be
				  completed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › PROCEDURE FOR INSPECTING AND ENFORCING AN EASEMENT › Section 138e.207 - County board's duties with respect to change of ownership

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
				  board is encouraged to provide the State Board with a copy of any proposed deed
				  under which an ownership interest in restricted land is to be conveyed prior to
				  execution of the deed. The county board shall provide the State Board with a
				  copy of a deed conveying an ownership interest in restricted land no later than
				  20 days of learning of the change in ownership.
(b) As part of its enforcement
				  responsibility, the county board shall ensure that a deed conveying an interest
				  in the restricted land sets forth the language of the easement restrictions
				  verbatim.
This section cited in 7 Pa. Code §
												138e.21 (relating to inspection and
						enforcement of an easement).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.221 - Permitted acts

Current through Register Vol. 54, No. 28, July 13, 2024
During the term of the easement, the restricted land shall
					 be used solely for agricultural production or other uses permitted by the
					 act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.222 - Conservation plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
				  board shall require the owner of land being considered for agricultural
				  conservation easement purchase to do the following:
(1) Before the county board recommends
				  approval of the easement purchase to the State Board, obtain a conservation
				  plan approved by the county conservation district or the county board for the
				  land that would be subject to the agricultural conservation easement.
(2) As part of the settlement documents
				  described in §
											138e.93 (relating to postsettlement
				  recording and reporting procedures), execute a conservation plan agreement form
				  containing the following:
(i) The name,
				  address and telephone number of the landowners.
(ii) The location of the land.
(iii) The acreage of the land.
(iv) An acknowledgement that the deed of
				  agricultural conservation easement requires that all agricultural production on
				  the subject land be conducted in accordance with the conservation
				  plan.
(v) An acknowledgement that a
				  conservation plan exists with respect to the land, together with the following:
(A) The source of the conservation plan
				  (typically, the county conservation district).
(B) An identifying number given the
				  conservation plan.
(C) The date of
				  the conservation plan.
(vi) An acknowledgement that the landowners
				  agree to comply with the conservation practices and implementation schedule in
				  the conservation plan, and an acknowledgement that failure to so comply would
				  be a violation of the terms of the deed of agricultural conservation
				  easement.
(vii) The signature of
				  the landowners.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.223 - Construction of buildings; changes in use

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
New buildings or
				  structures.
The construction or use of a building or other structure
				  on the restricted land other than a building or structure existing on the date
				  of the granting of the easement is prohibited, except that:
(1) The erection of fences for agricultural
				  production and protection of watercourses such as lakes, streams, springs and
				  reservoirs is permitted.
(2) The
				  construction of one additional residential structure is permitted under §
											138e.224 (relating to construction
				  of one additional residential structure).
(3) The construction or use of a building or
				  other structure for agricultural production is permitted. The county program
				  may restrict the maximum building coverage.
(4) The replacement of a residential
				  structure existing on the restricted land on the date of the granting of the
				  easement is permitted if the preexisting residential structure is razed or
				  removed and the replacement residential structure is erected within the
				  curtilage of the residential structure it replaces.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.224 - Construction of one additional residential structure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
In addition to
				  the structures existing on the restricted land on the date of the granting of
				  the easement, one additional residential structure may be constructed on the
				  restricted land if the following apply:
(1)
				  The residential structure is constructed and used as the landowner's principal
				  residence or for the purpose of providing necessary housing for seasonal or
				  full-time farm employes.
(2) No
				  other residential structure has been constructed on the restricted land, under
				  authority of section
				  14.1(c)(6)(iv) of
				  the act (3 P. S. §
												914.1(c)(6)(iv)) and this
				  section, after the date of the granting of the easement.
(3) The residential structure and its
				  curtilage occupy no more than 2 acres of the restricted land.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.225 - Subdivision of restricted land

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority to prohibit
				  subdivision.
A county program may prohibit the subdivision of
				  restricted land if the landowner can accomplish the construction and use of a
				  principal residence or housing for seasonal or full-time farm employes in
				  accordance with section 14.1(c)(6)(iv) of the act (3 P. S. §
											914.1(c)(6)(iv)), under the
				  applicable subdivision and land development ordinance, by a land development
				  other than subdivision.
(b)
Discretion to allow subdivision.
A county program may allow
				  the subdivision of restricted land, and may place restrictions or conditions
				  upon subdivision.
(c)
Preservation of economic viability for agricultural
				  production.
Subsection (b) notwithstanding, a county program may not
				  permit a subdivision which would harm the economic viability of the farmland
				  for agricultural production.
(d)
Prevention of conversion to nonagricultural use; exception.
Subsection (b) notwithstanding, a county program may not permit a subdivision
				  which would convert land which has been devoted primarily to agricultural use
				  to another primary use except that, without regard to this requirement, a
				  county program may permit one tract to be created by subdivision for the
				  purpose of the construction of a principal residence for the landowner or an
				  immediate family member.
(e)
Notice to landowner.
A county board shall do at least one of
				  the following:
(1) File its county program,
				  or that portion setting forth prohibitions or restrictions with respect to
				  subdivision of restricted land, at the Office of Recorder of Deeds for that
				  county, and reference the place of filing of these prohibitions or restrictions
				  in the deed of agricultural conservation easement.
(2) Recite the prohibitions or restrictions
				  with respect to subdivision verbatim in the deed of agricultural conservation
				  easement.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.227 - Landowner's duties with respect to change of ownership

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A deed conveying an interest in the
				  restricted land shall set forth the language of the easement restrictions
				  verbatim.
(b) Within 30 days of a
				  change in ownership of the restricted land, the prior owner shall notify the
				  county board and the Department of the name and address of the new owner,
				  provide each a copy of the deed, provide a statement of the price per acre or
				  portion thereof involved in the transfer and a reference to the volume and page
				  in which the transfer has been recorded by the county recorder of
				  deeds.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Section 138e.251 - Program in general

Current through Register Vol. 54, No. 28, July 13, 2024
Section 14.5(a)(3) of the act (3 P. S. §
											914.5(a)(3)) authorizes the
					 expenditure of up to $500,000 from the Supplemental Agricultural Conservation
					 Easement Purchase Account to reimburse eligible land trusts for expenses
					 incurred in the acquisition of agricultural conservation easements in this
					 Commonwealth. Sections
					 138e.252-138e.256 describe the procedures
					 and standards under which this reimbursement shall occur under the Land Trust
					 Reimbursement Grant Program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Section 138e.252 - Eligibility of a land trust to register for reimbursement grants

Current through Register Vol. 54, No. 28, July 13, 2024
To be eligible to register with the State Board in
					 accordance with §
										138e.253 (relating to registration
					 of eligible land trust) and to receive reimbursement grants under the Land
					 Trust Reimbursement Grant Program, a land trust shall be a tax-exempt
					 institution under section 501(c)(3) of the Internal Revenue Code of 1986
					 (26 U.S.C.A. §
											501(c)(3)) and include the
					 acquisition of agricultural conservation easements or other conservation
					 easements in its stated purpose.
This section cited in 7 Pa. Code §
												138e.251 (relating to program in
						general).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Section 138e.253 - Registration of eligible land trust

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Registration required.
An eligible land trust seeking reimbursement grants under the Land Trust
				  Reimbursement Grant Program shall register with the State Board. Registration
				  shall be accomplished by delivering a registration letter to the following
				  address: Pennsylvania Department of Agriculture, ATTN: Bureau of Farmland
				  Preservation, 2301 North Cameron Street, Harrisburg, Pennsylvania
				  17110-9408.
(b)
Contents of
				  registration letter.
A registration letter shall:
(1) Set forth a request that the eligible
				  land trust be registered with the State Board for the purpose of receiving
				  reimbursement grants under the Land Trust Reimbursement Grant
				  Program.
(2) Be signed by the
				  president or other appropriate authorized officer of the eligible land
				  trust.
(3) Have the following
				  documentation enclosed:
(i) A copy of the
				  section 501(c)(3) tax-exempt certification issued to the land trust by the
				  Internal Revenue Service, or any other documentation demonstrating the section
				  501(c)(3) tax-exempt status of the land trust.
(ii) Documentation, such as a certified copy
				  of the corporate bylaws, demonstrating that the land trust has the acquisition
				  of agricultural conservation easements or other conservation easements as its
				  stated purpose.
(4) If
				  the eligible land trust seeks to be registered to receive reimbursement grants
				  with respect to agricultural conservation easements it acquires in a county
				  that is an eligible county (as that term is defined in §
											138e.3 (relating to definitions)),
				  have enclosed a letter from either the director or the chairperson of the
				  county board of the eligible county, verifying that the land trust coordinates
				  its farmland preservation activities with the farmland preservation activities
				  of the county.
(5) If an eligible
				  land trust seeks to be registered to receive reimbursement grants with respect
				  to agricultural conservation easements it acquires in a county that is not an
				  eligible county (as that term is defined in § 138e.3), have enclosed a
				  written explanation of the procedures it will follow to coordinate with the
				  State Board on the easement acquisitions.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Section 138e.254 - Applying for a reimbursement grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application for reimbursement
				  grant; timing.
If an eligible land trust is registered in accordance
				  with §
										138e.253 (relating to registration
				  of eligible land trust), and seeks a reimbursement grant with respect to the
				  acquisition of an agricultural conservation easement, it shall do the
				  following:
(1) Complete an application for
				  reimbursement grant form as described in subsection (b).
(2) Deliver the completed application to the
				  State Board, at the address in §
											138e.253(a),
				  within 60 days of closing on the acquisition of the agricultural conservation
				  easement with respect to which the reimbursement grant is
				  sought.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Section 138e.255 - State Board review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Department's
				  responsibility.
The Department will stamp or otherwise identify every
				  complete reimbursement grant application form to record the date it is received
				  and the relative order in which these applications are received.
(b)
State Board review.
The
				  State Board will consider reimbursement grant applications in the order in
				  which the Department received them. The State Board will review any complete,
				  timely application within 60 days of receipt. The State Board may not approve a
				  reimbursement grant application unless all of the following criteria are met:
(1) The application meets the requirements of
				  section 14.5(a)(3) of the act (3 P. S. §
												914.5(a)(3)).
(2) The land use restrictions imposed under
				  the deed of agricultural conservation easement are comparable to restrictions
				  imposed under a deed of agricultural conservation easement acquired in
				  accordance with the act, as described in §
											138e.241 (relating to deed
				  clauses).
(3) The land subject to
				  the agricultural conservation easement is within an agricultural security
				  area.
(4) There are sufficient
				  unencumbered funds available to fund the reimbursement grant amount sought in
				  the reimbursement grant application.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Section 138e.256 - Decision of the State Board

Current through Register Vol. 54, No. 28, July 13, 2024
The State Board will, within 10 days of completing its
					 review, mail a reimbursement grant applicant written notice as to whether the
					 reimbursement grant application is approved. If the application is not
					 approved, the written notice will specify the basis for disapproval.
This section cited in 7 Pa. Code §
												138e.251 (relating to program in
						general).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
					 image
This appendix cited in 7 Pa. Code §
												138e.15 (relating to farmland
						ranking systems).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › LAND TRUST REIMBURSEMENT GRANT PROGRAM › Appendix B

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
					 image
Click to view
					 image
This appendix cited in 7 Pa. Code §
												138e.61 (relating to application; 7
						Pa. Code §
												138e.91 (relating to recommendation
						for purchase); and 7 Pa. Code §
												138e.103 (relating to expenditure
						of matching funds).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138f - AGRICULTURAL AND RURAL YOUTH ORGANIZATION GRANT PROGRAM GUIDELINES-STATEMENT OF POLICY › Section 138f.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Through the awarding of grants and the placing of conditions upon how grant
				moneys are to be spent, the Program will fund projects which will increase
				knowledge and awareness of agricultural issues and other issues specific to
				rural areas within this Commonwealth. This educational effort will be directed
				at the youth of this Commonwealth. Grants will be awarded to agricultural and
				rural youth organizations.
(b) The
				Grant Program is competitive. Grant requests and related documentation will be
				received by the Department and reviewed by the Board, which will recommend
				approval or rejection of each eligible grant request. If the Board recommends
				approval of a particular eligible grant request, the Secretary will then have
				final authority to approve or reject the request or modify the terms under
				which the grant will be awarded. The total amount of grant moneys awarded
				annually will not exceed $150,000 the first year. The amount of grant moneys
				awarded each year thereafter will be determined by the Board, depending on the
				availability of funds.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138f - AGRICULTURAL AND RURAL YOUTH ORGANIZATION GRANT PROGRAM GUIDELINES-STATEMENT OF POLICY › Section 138f.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Agriculture and rural youth organization
-An
				  organization comprised mainly of persons 18 years of age or younger and
				  organized to promote development in the areas of agriculture, rural community
				  leadership, vocational training and peer fellowship. The term includes
				  Pennsylvania FFA, 4-H, Ag in the Classroom, Future Homemakers of America and
				  vocational education programs.
Applicant
-An agricultural or rural youth
				  organization submitting an application for grant monies as described in this
				  chapter.
Board
-The State Agriculture and Rural Youth
				  Development Board.
Department
-The Department of Agriculture of
				  the Commonwealth.
Immediate family
-The siblings, parents,
				  offspring and adopted children of a particular individual.
Program
-The Agricultural and Rural Youth
				  Organization Grant Program.
Secretary
-The Secretary of the
				  Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138f - AGRICULTURAL AND RURAL YOUTH ORGANIZATION GRANT PROGRAM GUIDELINES-STATEMENT OF POLICY › Section 138f.3 - Purpose, composition and responsibilities of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose of Board.
The
				Board will review the eligible grant applications and supporting documents in
				accordance with the Agricultural and Rural Youth Development Act (3 P. S. §
										§
										1601-1609) and this chapter and decide
				whether to recommend acceptance or rejection of the grant application. The
				Board may also recommend the imposition of restrictions or special conditions
				upon the issuance of a grant. The Secretary will review grant applications with
				respect to which the Board recommends approval, and will have final authority
				to accept or reject these recommendations, or modify the terms under which a
				grant shall be awarded.
(b)
Composition of Board.
The Board will consist of between 10 and
				13 members as follows:
(1) The Secretary, or
				a designee, who will serve as Chairperson.
(2) The Secretary of Education or a
				designee.
(3) A representative from
				the Pennsylvania Vocational Agriculture Teachers Association, who will be
				appointed by the Governor.
(4) The
				Statewide president of the Pennsylvania FFA.
(5) A youth representative of the
				Pennsylvania 4-H.
(6) A
				representative from the Pennsylvania State University Cooperative Extension
				Service, who will be appointed by the Governor.
(7) Up to three representatives, each from a
				different Pennsylvania farm or rural organization having a youth program, who
				will be appointed by the Secretary to serve as members for terms of 3 years, at
				the discretion of the Secretary.
(8) The Chairperson and the Minority
				Chairperson of the Senate Agriculture and Rural Affairs Committee, or
				designees, and the Chairperson and Minority Chairperson of the House of
				Representatives Agriculture and Rural Affairs Committee, or
				designees.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138f - AGRICULTURAL AND RURAL YOUTH ORGANIZATION GRANT PROGRAM GUIDELINES-STATEMENT OF POLICY › Section 138f.4 - Limitations on grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Direct grants.
The maximum amount of a direct grant is $2,500.
				An agriculture and rural youth organization may be awarded only one direct
				grant in a particular calendar year. An individual agriculture and rural youth
				organization shall be considered to have been awarded a direct grant if it is
				awarded a direct grant jointly with another organization.
(b)
Matching grants.
The
				maximum amount of a matching grant is $15,000. The amount of the matching grant
				may not exceed the amount of matching funds obtained or provided by the
				applicant for the capital project or equipment purchase described in the grant
				application. An agriculture and rural youth organization may be awarded only
				one matching grant in any particular calendar year. An individual agriculture
				and rural youth organization will be considered to have been awarded a matching
				grant if it is awarded a matching grant jointly with another
				organization.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138f - AGRICULTURAL AND RURAL YOUTH ORGANIZATION GRANT PROGRAM GUIDELINES-STATEMENT OF POLICY › Section 138f.5 - Uses of direct and matching grant moneys

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conformity to
				application.
Direct grant moneys awarded to an applicant shall be
				expended solely for the specific projects described in the grant application.
				Matching grant moneys awarded to an applicant under this Program shall be
				expended solely for the specific capital project or equipment purchase
				described in the grant application.
(b)
Pennsylvania projects.
Direct or matching grant moneys awarded to an applicant under this Program
				shall only be used to fund projects within the geographic boundaries of this
				Commonwealth.
(c)
Allowable
				expenditures of grant moneys.
Grant moneys shall be used for one or
				more of the following purposes:
(1) To pay the
				cost of projects conducted by an applicant.
(2) To pay for education programs conducted
				by an applicant.
(3) To pay for
				educational seminars and field trips.
(4) To pay for agriculture safety training
				programs.
(5) To pay for capital
				projects and equipment purchases made by an applicant.