reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › INSTITUTION OF PROCEEDINGS › Section 131.22 - Special actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In cases
				  where the Department chooses or is required to take or request action after
				  hearing or an opportunity for a hearing, it may initiate or request the action
				  by filing a verified complaint or petition with the Secretary and serve a copy
				  of the complaint or petition, together with any order to show cause issued by
				  the Secretary, upon the person against whom it is directed.
(b) Within 15 days from the date of service
				  of the complaint, petition or order, the person against whom it is directed
				  shall file with the Secretary a verified answer responding to the allegations
				  in the complaint, petition or order and setting forth whether a hearing is
				  desired. Allegations in the complaint, petition or order which are not
				  specifically denied shall be deemed to have been admitted. Failure to file an
				  answer or to specifically deny the essential allegations of the complaint,
				  petition or order which are not specifically denied shall be deemed to have
				  been admitted. Failure to file an answer or to specifically deny the essential
				  allegations of the complaint, petition or order shall constitute a sufficient
				  basis for the entry of a default order or adjudication.
(c) Subsections (a) and (b) supplement 1 Pa.
				  Code §
										§
										35.14 and
				  35.37 (relating to orders to show
				  cause; and answers to orders to show cause).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › HEARINGS AND CONFERENCES › Section 131.31 - Conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary,
				  on his own motion or on motion of a party, may hold a conference either prior
				  to or during a hearing for the purpose of considering offers of settlement,
				  adjustment of the proceeding or an issue therein, or other matters to expedite
				  the orderly conduct and disposition of a hearing.
(b) Stipulations of the parties or rulings of
				  the Secretary as a result of the conference shall be binding upon the
				  parties.
(c) Subsections (a) and
				  (b) supplement 1 Pa. Code §
										§
										35.111 and
				  35.114 (relating to conferences to
				  adjust, settle or expedite proceedings; and authority of presiding officer at
				  conference).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › HEARINGS AND CONFERENCES › Section 131.32 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the
				  proceedings are at issue and hearing is required, a formal evidentiary hearing
				  shall be scheduled and a notice of hearing shall be sent to all parties to the
				  proceedings. Unless ordered otherwise hearings shall be held in
				  Harrisburg.
(b) The Secretary may
				  order proceedings involving a common question of law or fact to be consolidated
				  for hearing of any or all of the matters in issue in the proceedings.
(c) A hearing will not be held if waived by
				  appellant or respondent or if the parties stipulate all of the essential facts
				  or agree to submit direct and rebuttal testimony or documentary evidence in
				  affidavit form, sworn or affirmed on personal knowledge or by
				  deposition.
(d) Hearings will not
				  be continued except for compelling reasons. Requests for continuances shall be
				  submitted to the Secretary in writing with a copy served upon the other parties
				  to the proceedings.
(e) Subsections
				  (a)-(c) supersede 1 Pa. Code §
										§
										35.101,
				  35.121 and
				  35.122 (relating to waiver of
				  hearing; initiation of hearings; and consolidation of formal proceedings) and
				  other applicable sections of the general rules including sections concerning
				  the same, similar or related subject matter as subsections (a)-(c).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › HEARINGS AND CONFERENCES › Section 131.33 - Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties shall
				  have the right of presentation of evidence, cross-examination, objection,
				  motion and argument. The Secretary will not be bound by technical rules of
				  evidence but relevant and material evidence of reasonable probative value shall
				  be admissible. The Secretary may limit the number of witnesses upon an issue
				  and may require a party to present additional evidence on an issue. Witnesses
				  shall be sworn or shall affirm.
(b)
				  Written testimony, on numbered lines in either narrative or question and answer
				  form, of a witness may be admitted into evidence provided the witness is
				  present and sworn or affirmed and provided a copy of the testimony was served
				  upon and actually received by all other parties at least 3 days prior to the
				  hearing.
(c) Applications, permits,
				  licenses, registrations, orders and formal notices relating to the proceeding
				  may be considered by the Secretary in adjudicating the case even though they
				  have not been made a part of the record or referred to therein. The Secretary
				  may also take official notice of an official or public document not relating to
				  the proceeding and of any matter subject to judicial notice.
(d) In case a matter contained in a report or
				  other document on file with the Department is offered in evidence, the report
				  or document need not be produced or marked for identification but may be
				  offered in evidence by specifying the report, document or other file containing
				  the matter so offered.
(e)
				  Subsections (a)-(d) supersede 1 Pa. Code §
										§
										35.126,
				  35.161,
				  35.162,
				  35.164,
				  35.166 and
				  35.173, and other applicable
				  sections of the general rules including sections thereof concerning the same,
				  similar or related subject matter as subsections (a)-(d).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › HEARINGS AND CONFERENCES › Section 131.34 - Briefs, suggested findings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties may, and upon request shall,
				  submit briefs within the time the Secretary prescribes and shall serve a copy
				  of the brief on the other parties.
(b) Upon request, the parties shall submit
				  suggested findings of fact, with references to the appropriate exhibit or page
				  of the transcript, and conclusions of law which may be included in a
				  brief.
(c) Subsections (a) and (b)
				  supersede 1 Pa. Code §
										§
										35.191-35.193 (relating to briefs) and
				  other applicable sections of the general rules including sections concerning
				  the same, similar or related subject matter as subsections (a) and
				  (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › HEARINGS AND CONFERENCES › Section 131.35 - Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings shall
				  be stenographically reported and a transcript of the report shall be a part of
				  the record.
(b) Parties desiring
				  copies of the transcript shall obtain the copies from the official reporter.
				  Parties shall also have the opportunity to review a copy of the transcript on
				  file with the Secretary.
(c)
				  Subsections (a) and (b) supersede 1 Pa. Code §
										§
										35.131 and
				  35.133 (relating to recording of
				  proceedings; and copies of transcripts) and other applicable sections of the
				  general rules including sections concerning the same, similar or related
				  subject matter as subsections (a) and (b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 131 - RULES OF PRACTICE AND PROCEDURE › HEARINGS AND CONFERENCES › Section 131.36 - Adjudication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
				  conclusion of the proceedings, the Secretary will issue an adjudication
				  containing findings of fact, conclusions of law and an order.
(b) The Secretary will serve a copy of the
				  adjudication on all parties to the proceedings or their
				  representative.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Section 133.1 - Introduction and definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commissions have authority to issue licenses to conduct horse race
				meetings.
(b) Any corporation may
				apply for a license to conduct horse race meetings at which pari-mutuel
				wagering is permitted.
(c)
				Applicants should be aware that the act authorizes a limited number of licenses
				to be issued. Not every applicant will be issued a license.
(d) The license gives its holder the
				privilege to conduct horse race meetings at which pari-mutuel wagering is
				permitted. The license does not give its holder a property right.
(e) The following words and terms, when used
				in this chapter, have the following meanings, unless the context clearly
				indicates otherwise:
(1)
Act
-The Race Horse Industry Reform Act (4 P. S. §
											§
											325.101-325.402).
(2)
Commissions
-The State
				Harness Commission and the State Horse Racing Commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Section 133.3 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures and requirements are established for
				  license applications:
(1) Applications
				shall be submitted using the Commission's application form.
(2) Applications shall be submitted by the
				application closing date, which is published by the appropriate Commission in a
				notice substantially similar to the Application Notice form set forth in §
									133.4 (relating to Application
				Notice).
(3) An applicant shall
				follow the procedures and requirements of the Application Notice for the
				application to be considered.
(4) A
				Commission may reject an incomplete application. Applicants who submit new
				applications which the Commissions deem deficient or incomplete will be given
				the balance of the 60-day time period or 30 days, whichever is longer, to
				correct the deficiency.
(5) Each
				Commission reserves the right to:
(i) Request
				additional information regarding any aspect of the application or the
				applicant's plan.
(ii) Require
				explanation or revision of the applicant's plan.
(iii) Require clarification of any aspect of
				the applicant's plan.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Section 133.5 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				applications received by the application closing date set forth in the
				Application Notice shall be placed into a single group for comparative
				consideration by each respective Commission.
(b) No license will be issued until all
				applications in the respective consideration groups have been examined and
				considered by the appropriate Commission.
(c) A Commission may hold a hearing and
				provide for public comment under §
									133.6 (relating to public hearing
				and public comment). The Commission may also hold any other type of hearing(s)
				it deems necessary and appropriate to allow participation by other interested
				persons as set forth in the notice in § 133.6
(d) A Commission will notify an applicant by
				mail that a license has been issued. A Commission shall notify by mail all
				applicants to whom licenses have not been issued.
(e) An applicant may appeal the denial of a
				license under the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Section 133.6 - Public hearing and public comment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the filing of an application by a
				corporation, and after the application closing date, the Commission will place
				the following notice or a similar notice in a newspaper of general circulation
				in the county in which the facility is to be located, if the Commission deems a
				hearing necessary:
TO WHOM IT MAY CONCERN:
The Pennsylvania State ________ Racing Commission hereby
				  gives notice that an application was filed by ____________ in which the
				  corporation seeks approval to conduct pari-mutuel wagering at ___________ . A
				  public hearing concerning this matter will be held on ____________ , 20_____ at
				  . Public comment is requested. Interested persons are invited to submit written
				  comments to the Pennsylvania State _________ Racing Commission, Agriculture
				  Building, Room ______ , 2301 North Cameron Street, Harrisburg, Pennsylvania
				  17110-9408. Public comments may be submitted up to 48 hours prior to the date
				  set for public hearing. The purpose of the public hearing is to assist the
				  Commission in assessing the impact the proposed facility will have on the local
				  community and to assist the Commission in determining whether the public
				  interest, convenience or necessity will be served by approving the license
				  application. A person who believes the proposed facility will affect his or her
				  business or residence and who wishes to speak at a public hearing must submit
				  name, address, telephone number, and a brief summary of their statement to the
				  Commission at the address set forth above at least 48 hours prior to the time
				  of the public hearing. The Commission may also receive testimony from nonlocal
				  participants either at the above hearing site or at a subsequent hearing date
				  in Harrisburg, Pennsylvania.
(b) The notice of public hearing will be
				published on at least 4 consecutive days in a prominent section of a newspaper
				of general circulation for the county in which the facility is to be
				situated.
(c) The purpose of the
				public hearing will be to assist the Commission in assessing the impact a
				proposed facility will have on the local community as required by the act. The
				public hearing shall be held in the county in which the proposed facility is to
				be situated.
(d) A person who
				wishes to speak at the public hearing shall submit the name, address, telephone
				number and a brief summary of his statement at least 48 hours prior to the time
				of the public hearing to the respective Commission at one of the following
				addresses:
(1) State Harness Racing
				Commission, Agriculture Building, Room 301, 2301 North Cameron Street,
				Harrisburg, Pennsylvania 17110-9408.
(2) State Horse Racing Commission,
				Agriculture Building, Room 304, 2301 North Cameron Street, Harrisburg,
				Pennsylvania 17110-9408.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Section 133.7 - Contact information

Current through Register Vol. 54, No. 28, July 13, 2024
Inquiries shall be directed to one of the following:
(1) State Harness Racing Commission
c/o Executive Secretary
Agriculture Building, Room 301
2301 North Cameron Street
Harrisburg, Pennsylvania 17110
(2) State Horse Racing Commission
c/o Executive Secretary
Agriculture Building, Room 304
2301 North Cameron Street
Harrisburg, Pennsylvania 17110
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-A - Rules of Procedure › Chapter 133 - NEW OR AMENDED PARI-MUTUAL LICENSE APPLICATIONS-STATEMENT OF POLICY › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
To qualify to be placed into the consideration group for an
				  available license, each new or amended application must, at a minimum,
				  contain:
1. Documentation of an ownership interest (copy of a lease,
				  purchase option or purchase agreement) in the proposed land.
2. A pro-forma financial statement projecting among other
				  things attendance, handle and revenue at the proposed racetrack
				  facility.
3. A detailed itemized list of projected costs of operation
				  for the proposed racetrack facility.
4. A complete and accurate listing of all funding sources,
				  including any and all financial documents and letters and personal
				  contacts.
5. A complete listing of officers, directors, shareholders or
				  other persons having a beneficial or equitable ownership in the applicant or
				  its parent organization.
6. A correct and detailed description of the acreage for the
				  proposed facility, including a detailed description of the physical facility
				  and architectural renderings, where the applicant proposes to conduct live
				  horse/harness race meetings with pari-mutuel wagering.
7.The number of projected live race days.
8. A detailed construction/project timeline for completion of
				  the proposed facility.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.1 - 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.
Act
-The act of May 28, 1976 (P. L. 148, No.
				  71) (53 P. S. §
										§
										1241-1243).
Agricultural commodity
-An agricultural,
				  horticultural, viticultural, and dairy products, livestock and the products
				  thereof, ranch-raised fur bearing animals and the products thereof, the
				  products of poultry and bee raising, foresting and forestry products and
				  products raised or produced on farms intended for human consumption and the
				  processed or manufactured products thereof intended for human consumption,
				  transported or intended to be transported in commerce. Reference should be made
				  to the Pennsylvania Agricultural Commodities Marketing Act of 1968
				  (3 P.
				  S. §
										§
										1001-1013).
Assessing authority
-A municipality or
				  authority empowered to install water or sewer lines and to assess landowners
				  for the costs thereof.
Cemetery
-A place for the disposal or burial
				  of deceased human beings, by cremation or in a grave, mausoleum, vault,
				  columbarium or other receptacle.
Department
-The Department of Agriculture of
				  the Commonwealth of Pennsylvania, 2301 North Cameron Street, Harrisburg,
				  Pennsylvania 17110.
Farm product
-An agricultural, horticultural,
				  vegetable, fruit and floricultural product of the soil, livestock and meats,
				  wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey.
				  Reference should be made to
				  1
				  Pa.C.S. §
										1991 (relating to
				  definitions). Livestock products include equine and other livestock that are
				  produced and bred for commercial purposes.
Land devoted to agricultural use
-That land
				  used for the purpose of producing an agricultural commodity or any farm
				  product.
Land devoted to cemetery use
-That land used
				  or being held for cemetery purposes and land contiguous to a cemetery which is
				  being held by the cemetery owner for cemetery use.
Secretary
-The Secretary of the
				  Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.2 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				owner of land certified by the Secretary as land primarily devoted to
				agricultural use or as land devoted to cemetery use is not liable for the cost
				of the installation of water or sewer lines so long as the landowner does not
				use the lines and the land continues to be devoted to agricultural or cemetery
				use.
(b) If a landowner uses the
				services provided by the lines, either voluntarily or as required by law, but
				continues to meet the eligibility requirements set forth in §
									§
									136.3 and
				136.4 (relating to eligibility
				requirements for agricultural use; and eligibility requirements for cemetery
				use), the landowner shall be liable for the cost of installation of the lines,
				but only on that amount of the property that is benefited by the use of the
				lines.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.3 - Eligibility requirements for agricultural use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the land is more than 10 contiguous
				acres, it is eligible if it is presently devoted to agricultural use and was
				devoted to such use for 3 years prior to the installation of water or sewer
				lines and up until the present time.
(b) If the land is less than ten contiguous
				acres, it is eligible if it is presently devoted to agricultural use and was
				devoted to such use for 3 years prior to the installation of water or sewer
				lines and up until the present time and if it can be shown that the use of the
				land produces an anticipated gross income of $2,000 per year from the sale of
				agricultural commodities or farm products.
This section cited in 7 Pa. Code §
											136.2 (relating to general
					 provisions).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.4 - Eligibility requirements for cemetery use

Current through Register Vol. 54, No. 28, July 13, 2024
The land is eligible if it is presently devoted to or being
				  held for cemetery use and was devoted to such use for 3 years prior to the
				  installation of water or sewer lines and up until the present
				  time.
This section cited in 7 Pa. Code §
											136.2 (relating to general
					 provisions).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.5 - Application procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Application forms for certification of agricultural or cemetery land are
				available from the Department.
(b)
				The landowner shall have received a notice of an assessment for water or sewer
				lines in a right-of-way fronting on or crossing the land before the application
				is submitted.
(c) If the land is in
				agricultural use, the application shall include documentation sufficient to
				establish that the land to be certified has been devoted to agricultural use
				for 3 years prior to the installation of lines and up until the present time.
				The documentation may include, but is not limited to:
(1) Records of production of or income from
				agricultural commodities or farm products.
(2) Evidence of assessment under the
				Pennsylvania Farmland and Forest Land Assessment Act (72 P. S. §
											§
											5490.1-5490.13).
(3) Convenants prepared under the act of
				January 13, 1966 (P. L. (1965) 1292, No. 515) (16 P. S. §
											§
											11941-11947).
(4) Voluntary crop and livestock
				reports.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.6 - Duties of the landowner

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				landowner shall complete the application and submit it to the Department along
				with the required documentation.
(b) If the land is certified by the
				Secretary, the landowner shall submit one copy of the certification to the
				assessing authority for a permanent record.
(c) The owner of certified agricultural land
				shall notify the assessing authority in writing within 60 days following a
				change of use from agricultural use.
(d) The owner of certified cemetery land
				shall notify the assessing authority in writing within 60 days following a
				change of use from cemetery use. The owner of certified cemetery land does not
				have to notify the assessing authority when he applies land held in reserve for
				cemetery use to active cemetery use.
(e) If the use of certified land is changed
				to an ineligible use, the owner at the time of change shall be liable for the
				original cost of installation of the lines.
This section cited in 7 Pa. Code §
											136.8 (relating to duties of the
					 assessing authority).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.7 - Duties of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will provide the application forms.
(b) The Department will ensure that the
				application is properly completed and executed with a notarized signature of
				the landowner.
(c) An agent of the
				Department will conduct an on-site inspection of the premises to confirm the
				information contained in the application.
(d) The Department will return two copies of
				the certification to the landowner when land is certified.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.8 - Duties of the assessing authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The assessing authority shall not hold
				the owner of certified land liable for the cost of installation of water or
				sewer lines so long as the landowner does not use the lines and the land
				continues to be devoted to agricultural or cemetery use.
(b) The assessing authority shall file with
				the Recorder of Deeds in the county in which the land is located a notice of
				record, a certification signed and acknowledged by the landowner and indexed in
				the owner's name, indicating that the lines were installed and that if the
				current or any subsequent owner of the land uses the lines or changes the land
				use to an ineligible use, the owner shall be liable for the payment of the
				original assessment.
(c) If the use
				of certified land is changed to an ineligible use, the assessing authority may
				place a lien against the property in the amount of the original assessment and
				collectible according to the act of May 16, 1923 (P. L. 207, No. 153)
				(53
				P. S. §
										§
										7101-7505).
(d) If the owner of certified land fails to
				notify the assessing authority within 60 days of a change of use as required by
				§
									136.6(c) and (d)
				(relating to duties of the landowner), the assessing authority may charge as a
				penalty 10% of the original assessment plus interest at the rate of 8% from the
				date of change.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 136 - SEWER AND WATER LINE ASSESSMENT EXEMPTION › Section 136.9 - Appeals procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				applicant or the assessing authority shall have the right of appeal from the
				certification or noncertification by the Department. This appeal must be in
				writing to the Secretary, and it must be filed within 30 days of the notice of
				action by the Department.
(b) Where
				the Department undertakes, on its own initiative or on the written request of
				the assessing authority, a review of a previous certification, the affected
				parties shall have a right of appeal, in writing, within 30 days of the notice
				of action by the Department in accordance with subsection (a).
(c) The Department will only consider one
				appeal annually from its certification decision.
(d) All appeals from the Department's
				certification decisions shall be in accordance with Part V-A (relating to rules
				of administrative practice and procedure). To the extent that this chapter
				expands the time period to perfect appeals beyond that granted in Chapter 131
				(relating to rules of practice and procedure), this chapter will be deemed
				controlling.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › GENERAL PROVISIONS › Section 137b.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  establishes procedures necessary for the uniform Statewide implementation of
				  the act. The act provides for land devoted to agricultural use, agricultural
				  reserve use or forest reserve use to be assessed at the value it has for that
				  use rather than at fair market value. The intent of the act is to encourage the
				  keeping of land in one of these uses.
(b) The benefit to an owner of enrolled land
				  is an assurance that the enrolled land will not be assessed at the same value
				  for tax assessment purposes as land that is not enrolled land. In almost all
				  cases, an owner of enrolled land will see a reduction in his property
				  assessment compared to land assessed or valued at its fair market value. The
				  difference between assessments of enrolled land and land that is not enrolled
				  land will be most noticeable when a county is reassessed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › GENERAL PROVISIONS › Section 137b.3 - Responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The
				  Department's responsibilities are to provide the use values described in
				  section 4.1 of the act (72 P. S. §
											5490.4a) by May 1 of each year and to provide
				  the forms and regulations necessary to promote the efficient, uniform Statewide
				  administration of the act.
(b)
Information gathering.
The Department will collect information
				  from county assessors for each calendar year to ensure that the act and this
				  chapter are being implemented fairly and uniformly throughout this
				  Commonwealth. This information will be collected through a survey form to be
				  provided to county assessors by the Department no later than December 15 each
				  year, and which county assessors shall complete and submit to the Department by
				  January 31 of the following year.
(c)
Educational outreach.
The Department will conduct an educational outreach effort on matters related
				  to the administration and interpretation of the act and this chapter.
The provisions of this §
												137b.3 amended under section 11 of
						the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (72 P. S. §
													5490.11).
This section cited in 7 Pa. Code §
												137b.112 (relating to submission of
						information to the Department).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › GENERAL PROVISIONS › Section 137b.4 - Contacting the Department

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of this chapter, communications to the
					 Department shall be directed to the following address:
Pennsylvania Department of Agriculture Bureau of Farmland
					 Preservation 2301 North Cameron Street Harrisburg, PA 17110-9408 Telephone:
					 (717) 783-3167 Facsimile: (717) 772-8798
The provisions of this §
												137b.4 amended under section 11 of
						the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (72 P. S. §
													5490.11).
This section cited in 7 Pa. Code §
												137b.93 (relating to disposition of
						interest on roll-back taxes).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.11 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Three types of land are eligible for preferential
					 assessment under the act.
(1) Land in
				  agricultural use.
(2) Land in
				  agricultural reserve.
(3) Land in
				  forest reserve.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.13 - Agricultural reserve

Current through Register Vol. 54, No. 28, July 13, 2024
Land that is in agricultural reserve is eligible for
					 preferential assessment under the act if the land is comprised of 10 or more
					 contiguous acres (including any farmstead land and any woodlot). This includes
					 land devoted to the development and operation of an alternative energy system
					 if a majority of the energy annually generated is utilized on the tract.
Example 1
: Landowner owns 30 acres of
					 land. The land is cleared land that was farmed at one time but that is no
					 longer farmed. The land is open to the public for outdoor recreation or the
					 enjoyment of scenic or natural beauty, without charge or fee, on a
					 nondiscriminatory basis. The land qualifies to be enrolled as agricultural
					 reserve land.
Example 2
: Same facts as Example 1, except
					 the landowner charges a fee for allowing public access for hunting and
					 recreation. This land is not eligible to be enrolled as agricultural reserve
					 land.
Example 3
: Same facts as Example 1, except
					 the landowner places reasonable restrictions on public access to the enrolled
					 land that are acceptable to the county assessor in accordance with §
										137b.64 (relating to agricultural
					 reserve land to be open to the public). The land qualifies to be enrolled as
					 agricultural reserve land.
Example 4
: Landowner owns 9 acres of land.
					 The land is cleared land that was farmed at one time but that is no longer
					 farmed. The land is not eligible to be enrolled as agricultural reserve land
					 because it is less than 10 contiguous acres in area.
Example 5
: Landowner owns a parcel of
					 enrolled agricultural reserve land. Landowner erects solar panels (or some
					 other alternative energy system) on the land and a majority of the electricity
					 generated by the alternative energy system is used on the land. The land
					 remains in agricultural reserve.
Example 6
: Landowner owns two separate
					 parcels of enrolled land, at least one of which is agricultural reserve land.
					 The parcels are enrolled under a single application for preferential
					 assessment. Landowner erects solar panels (or some other alternative energy
					 system) on an agricultural reserve parcel. The majority of the electricity
					 generated by the alternative energy system is used on the other enrolled
					 parcel. The parcel upon which the alternative energy system is located remains
					 agricultural reserve land.
The provisions of this §
												137b.13 amended under section 11 of
						the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (72 P. S. §
													5490.11).
This section cited in 7 Pa. Code §
												137b.73d (relating to wind power
						generation systems).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.14 - Forest reserve

Current through Register Vol. 54, No. 28, July 13, 2024
Land that is in forest reserve is eligible for preferential
					 assessment under the act if presently stocked with trees and the land is
					 comprised of 10 or more contiguous acres (including any farmstead land). Forest
					 reserve land includes land that is rented to another person for the purpose of
					 producing timber or other wood products. This includes land devoted to the
					 development and operation of an alternative energy system if a majority of the
					 energy annually generated is utilized on the tract.
Example 1
: Landowner owns 60 acres of
					 forested land with trees of all sizes. The landowner intends to harvest timber
					 periodically. The land qualifies to be enrolled as forest reserve land.
Example 2
: Landowner owns 100 acres of
					 land that was recently cleared and replanted with seedlings. The land qualifies
					 to be enrolled as forest reserve land.
Example 3
: Landowner owns 100 acres of
					 land that was recently harvested for timber and seedlings remain. The land was
					 not replanted. The land qualifies to be enrolled as forest reserve land.
Example 4
: Landowner owns 50 acres of land
					 that was cleared and not replanted. There are no trees of any size remaining on
					 this property and no intention of planting. The land does not qualify to be
					 enrolled as forest reserve land.
Example 5
: Landowner owns an 8-acre
					 woodlot and wants to enroll. The land is not eligible to be enrolled as forest
					 reserve land because it is less than 10 contiguous acres in area.
Example 6
: Landowner owns a parcel of
					 enrolled forest reserve land. Landowner erects solar panels (or some other
					 alternative energy system) on the land and a majority of the electricity
					 generated by the alternative energy system is used on the land. The land
					 remains in forest reserve.
Example 7
: Landowner owns two separate
					 parcels of enrolled land, at least one of which is forest reserve land. The
					 parcels are enrolled under a single application for preferential assessment.
					 Landowner erects solar panels (or some other alternative energy system) on a
					 forest reserve parcel. The majority of the electricity generated by the
					 alternative energy system is used on the other enrolled parcel. The parcel upon
					 which the alternative energy system is located remains forest reserve
					 land.
The provisions of this §
												137b.14 amended under section 11 of
						the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (72 P. S. §
													5490.11).
This section cited in 7 Pa. Code §
												137b.73d (relating to wind power
						generation systems).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.15 - Inclusion of farmstead land

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Farmstead land is an integral part of land in agricultural use, agricultural
				  reserve or forest reserve. In considering whether land is in agricultural use,
				  agricultural reserve or forest reserve, a county shall include any portion of
				  that land that is farmstead land regardless of whether the farmstead land is
				  entitled to preferential assessment under the act or this chapter.
Example 1
: A landowner seeks to enroll a
					 10-acre tract of land as agricultural use land. One acre of the 10-acre tract
					 is comprised of farmstead land. All 10 acres of land shall be considered in
					 determining whether the tract meets the 10 contiguous acres minimum acreage
					 requirement for agricultural use land established in section 3(a)(1) of the act
					 (72
					 P. S. §
												5490.3(a)(1)).
Example 2
: A landowner seeks to enroll a
					 10-acre tract of land as agricultural reserve land. One acre of the 10-acre
					 tract is comprised of farmstead land. All 10 acres of land shall be considered
					 in determining whether the tract meets the minimum acreage requirement for
					 agricultural reserve land established in section 3(a)(2) of the act.
Example 3
: A landowner seeks to enroll a
					 10-acre tract of land as forest reserve land. One acre of the 10-acre tract is
					 comprised of farmstead land. All 10 acres of land shall be considered in
					 determining whether the tract meets the minimum acreage requirement for "forest
					 reserve" land established in section 3(a)(3) of the act.
(b) Farmstead land on agricultural use land
				  shall be considered to be land that qualifies for preferential assessment under
				  the act and this chapter.
(c)
				  Farmstead land on agricultural reserve land shall only be considered to be land
				  that qualifies for preferential assessment under the act and this chapter if at
				  least one of the qualifications for preferential assessment in §
										137b.51(g)(2)(i)-(iii)
				  (relating to assessment procedures) has been met.
(d) Farmstead land on forest reserve land
				  shall only be considered to be land that qualifies for preferential assessment
				  under the act and this chapter if at least one of the qualifications for
				  preferential assessment in § 137b.51(g)(3)(i)-(iii) has been
				  met.
The provisions of this §
												137b.15 amended under section 11 of
						the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (72 P. S. §
													5490.11).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.16 - Residence not required

Current through Register Vol. 54, No. 28, July 13, 2024
A county may not require that an applicant for preferential
					 assessment under the act be a resident of the county or reside on the land with
					 respect to which preferential assessment is sought.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.17 - Common ownership required

Current through Register Vol. 54, No. 28, July 13, 2024
A landowner seeking preferential assessment under the act
					 shall be the owner of every tract of land listed on the application.
Example 1
: Husband and wife are joint
					 owners of two contiguous 100-acre tracts of farmland. They have common
					 ownership of both tracts and may include these tracts in a single application
					 for preferential assessment.
Example 2
: Husband and wife are joint
					 owners of a 100-acre tract of farmland. Husband and son are joint owners of a
					 contiguous 100-acre tract of farmland. These two tracts may not be combined in
					 a single application for preferential assessment.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.18 - County-imposed eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor may not impose eligibility requirements
					 or conditions other than those prescribed in section 3 of the act
					 (72
					 P. S. §
											5490.3).
Example
: A county may not require an owner
					 of contiguous-but separately deeded-tracts of land to consolidate the tracts in
					 a single deed or require any alteration of existing deeds as a condition of
					 eligibility for preferential assessment.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.19 - Multiple tracts on a single application

Current through Register Vol. 54, No. 28, July 13, 2024
A landowner seeking preferential assessment under the act
					 may include more than one tract in a single application for preferential
					 assessment, regardless of whether the tracts on the application have separate
					 deeds, are identified by separate tax parcel numbers or are otherwise distinct
					 from each other.
(1)
Contiguous tracts
.
(i) A
				  landowner seeking preferential assessment under the act may include in the
				  application individual contiguous tracts that would not-if considered
				  individually-qualify for preferential assessment.
(ii) If two or more tracts on a single
				  application for preferential assessment are contiguous, the entire contiguous
				  area shall meet the use and minimum size requirements for
				  eligibility.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.20 - Inclusion of all contiguous land described in the deed to the tract with respect to which enrollment is sought

Current through Register Vol. 54, No. 28, July 13, 2024
A landowner may not apply for preferential assessment for
					 less than the entire contiguous portion of land described in the deed
					 applicable to a tract with respect to which preferential assessment is
					 sought.
Example 1
: A landowner owns a single,
					 100-acre tract of farmland described in a single deed, and wishes to apply for
					 preferential assessment under the act. The application may not be for less than
					 the entire 100 acres.
Example 2
: A landowner owns 150 acres of
					 farmland described in a single deed, and wishes to apply for preferential
					 assessment under the act. The deed to this land describes three separate
					 tracts: two contiguous 50-acre tracts and a noncontiguous 50-acre tract. The
					 landowner's options are as follows:
(1) Enroll the contiguous 50-acre
				  tract.
(2) Enroll the noncontiguous
				  50-acre tract.
(3) Enroll both the
				  contiguous 50-acre tract and the noncontiguous 50-acre tract.
The landowner does not have the option to enroll only one
					 of the contiguous 50-acre tracts.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.21 - Exclusion of noncontiguous tract described in a single deed

Current through Register Vol. 54, No. 28, July 13, 2024
If two or more tracts of land are described in a single
					 deed, a landowner seeking preferential assessment under the act may exclude
					 from the application for preferential assessment any separately-described tract
					 that is not contiguous to the tracts for which preferential assessment is
					 sought.
Example
: A landowner owns 150 acres of
					 farmland described in a single deed, and wishes to apply for preferential
					 assessment under the act. The deed to this land describes three separate
					 tracts: two contiguous 50-acre tracts and a noncontiguous 50-acre tract. The
					 landowner has the option to seek to enroll the noncontiguous 50-acre
					 tract.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › ELIGIBLE LAND › Section 137b.22 - Landowner may include or exclude from the application tracts described in separate deeds

Current through Register Vol. 54, No. 28, July 13, 2024
If the landowner seeking preferential assessment under the
					 act owns contiguous tracts that are described in separate deeds, the landowner
					 may include or exclude any of the contiguous tracts from the application for
					 preferential assessment.