Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter A - PRELIMINARY PROVISIONS › Section 138l.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:
ALCAB
-The Agricultural Lands Condemnation
					 Approval Board of the Commonwealth.
ASA-Agricultural security area
-A unit of
					 250 or more acres used for the agricultural production of crops, livestock or
					 livestock products under the ownership of one or more persons and one of the
					 following applies:
(i) The land has
				  been designated as such by the procedures in the act.
(ii) The land has been designated as such
				  under the act of January 19, 1968 (1967 P. L. 992, No. 442) (32 P. S. §
											§
											5001-5012), entitled "An act
				  authorizing the Commonwealth of Pennsylvania and the counties thereof to
				  preserve, acquire or hold land for open space uses," prior to February 12,
				  1989, by the governing body of the county or governing body of the municipality
				  in which the agricultural land is located on the basis of criteria and
				  procedures which predate February 12, 1989, and which was not withdrawn from
				  the ASA by August 10, 1989, by the owner providing written notice of withdrawal
				  to the county governing body or governing body of the municipality in which the
				  land is located.
ASA landowner
-An owner of land located
					 within an ASA.
ASA proposal form
-A Proposal for the
					 Creation or Modification of an Agricultural Security Area form created by the
					 Department.
Act
-The Agricultural Area Security Law
					 (3 P.
					 S. §
											§
											901-915).
Advisory committee
-An agricultural
					 security area advisory committee.
Agricultural conservation easement
-An
					 interest in land, less than fee simple, which interest represents the right to
					 prevent the development or improvement of a parcel for any purpose other than
					 agricultural production.
(i) The
				  easement may be granted by the owner of the fee simple to any third party or to
				  the Commonwealth, to a county governing body or a unit of local
				  government.
(ii) It shall be
				  granted in perpetuity as the equivalent of covenants running with the
				  land.
(iii) The exercise or failure
				  to exercise any right granted by the easement will not be deemed to be
				  management or control of activities at the site for purposes of enforcement of
				  the Hazardous Sites Cleanup Act (35 P. S. §
											6020.101-6020.1305).
Agricultural production-
(i) The production for commercial purposes of
				  crops, livestock and livestock products, including the processing or retail
				  marketing of the crops, livestock or livestock products if more than 50% of the
				  processed or merchandised products are produced by the farm operator.
(ii) The term includes use of land which is
				  devoted to and meets the requirements of and qualifications for payments or
				  other compensation under a soil conservation program under an agreement with an
				  agency of the Federal government.
Applicant
-A landowner proposing the
					 establishment or modification of an ASA in accordance with the requirements of
					 the act and this chapter.
Contiguous acreage-
(i) All portions of one operational unit as
				  described in the deed whether or not the portions are divided by streams,
				  public roads, bridges, and whether or not described as multiple tax parcels,
				  tracts, purparts, or other property identifiers.
(ii) The term includes supportive lands such
				  as unpaved field access roads, drainage areas, border strips, hedgerows,
				  submerged lands, marshes, ponds and streams, or as otherwise defined in §
				  138e.3 (relating to definitions).
County board
-The county agricultural land
					 preservation board as appointed by the county governing body under the
					 act.
County fiscal year
-The period from January
					 1 through December 31 of a particular calendar year.
County governing body
-The county board of
					 commissioners or, under home rule charters, another designated council of
					 representatives.
County planning commission
-A planning
					 commission or agency which has been designated by the county governing body to
					 establish and foster a comprehensive plan for land management and development
					 within the county.
Crops, livestock and livestock products
-The term includes:
(i) Field crops,
				  including corn, wheat, oats, rye, barley, hay, potatoes and
				  dry-beans.
(ii) Fruits, including
				  apples, peaches, grapes, cherries and berries.
(iii) Vegetables, including tomatoes, snap
				  beans, cabbage, carrots, beets, onions and mushrooms.
(iv) Horticultural specialties, including
				  nursery stock and ornamental shrubs, ornamental trees and flowers.
(v) Livestock and livestock products,
				  including cattle, sheep, hogs, goats, horses, poultry, furbearing animals,
				  milk, eggs and furs.
(vi) Timber,
				  wood and other wood products derived from trees.
(vii) Aquatic plants and animals and their
				  byproducts.
Curtilage
-The area surrounding a
					 residential structure used for a yard, driveway, onlot sewerage system or other
					 nonagricultural purposes.
Department
-The Department of Agriculture
					 of the Commonwealth.
Description of the proposed area
-A
					 complete and accurate list of the names of the owners of each parcel of land to
					 be included in the proposed ASA, the tax parcel number or account number of
					 each parcel and the number or account number of acres (including partial acres,
					 to the nearest thousandth) contained in each parcel. The description shall use
					 county tax map references for determining boundaries of each parcel, and no
					 survey of parcels shall be required, except that an individual parcel included
					 in the ASA shall represent less than the entire amount of contiguous land
					 contained in the property of an owner.
Economic viability of farmland for agricultural
					 production
-The capability of a particular tract of restricted land,
					 other than a tract of 2 acres or less upon which construction and use of the
					 landowner's principal residence or housing for seasonal or full-time farm
					 employees is permitted under section
					 14.1(c)(6)(iv) of
					 the act (3 P. S. §
											914.1(c)(6)(iv)), to meet
					 the criteria in §
										138e.16(a)
					 (relating to minimum criteria for applications).
Eligible counties
-Counties whose easement
					 purchase programs have been approved by the State Board. For the purpose of
					 annual allocations, an eligible county must have its easement purchase approved
					 by the State Agricultural Land Preservation Board by January 1 of the year in
					 which the annual allocation is made. Counties of the first class are not
					 eligible under any circumstances.
Farm
-Land in this Commonwealth which is
					 being used for agricultural production as defined in the act.
Farmland tract
or
tract
-Land constituting all or part of a farm with respect to which easement
					 purchase is proposed. A farmland tract may consist of multiple tracts of land
					 that are identifiable by separate tax parcel numbers, separate deeds or other
					 methods of property identification.
Governing body
-The governing body of a
					 local government unit.
Grazing or pasture land
-Land, other than
					 land enrolled in the USDA Conservation Reserve Program, used primarily for the
					 growing of grasses and legumes which are consumed by livestock in the field and
					 at least 90% of which is clear of trees, shrubs, vines or other woody growth
					 not consumed by livestock.
Harm the economic viability of the farmland for
					 agricultural production
-To cause a particular tract of restricted land
					 to fail to meet the criteria in § 138e.16(a) or to create, through
					 subdivision, a tract of restricted land, other than a tract of 2 acres or less
					 upon which construction and use of the landowner's principal residence or
					 housing for seasonal or full-time farm employees is permitted under section
					 14.1(c)(6)(iv) of
					 the act, that would fail to meet the criteria in § 138e.16(a).
Harvested cropland-
(i) Land, other than land enrolled in the
				  USDA Conservation Reserve Program, used for the commercial production of field
				  crops, fruit crops, vegetables and horticultural specialties, such as Christmas
				  trees, flowers, nursery stock, ornamentals, greenhouse products and
				  sod.
(ii) The term does not include
				  land devoted to production of timber and wood products.
Interim review
-The review of an existing
					 ASA in accordance with the requirements of section 9(b) of the act
					 (3 P.
					 S. §
											909(b)).
Land Capability Class
-A group of soils
					 designated by either the county soil survey, as published by USDA-NRCS in
					 cooperation with the Pennsylvania State University and the Department, or the
Soil and Water Conservation Technical Guide
maintained and
					 updated by USDA-NRCS.
Landowner
-The person holding legal title
					 to a particular farmland tract.
Land which has been devoted primarily to
					 agricultural use-
(i) Acreage
				  which is a part of restricted land and is harvested cropland, grazing or
				  pasture land, land used for the production of timber and wood products, land
				  containing nonresidential structures used for agricultural production, or other
				  acreage immediately available for agricultural production.
(ii) The term does not include: any acreage
				  upon which immediate agricultural production is impracticable due to
				  residential structures and their curtilages, wetlands, soil quality, topography
				  or other natural or manmade features.
(iii) The term does not include: any tract of
				  2 acres or less designated as the site upon which the landowner's principal
				  residence or housing for seasonal or full-time employees is permitted under
				  section 14.1(c)(6)(iv) of the act.
Local government unit
-A city, borough,
					 township or town or any home rule municipality, optional plan municipality,
					 optional charter municipality or similar general purpose unit of government
					 which may be created or authorized by statute.
Mansion house
-The primary residential
					 structure located upon a parcel.
Nonprofit land conservation organization
-A nonprofit organization dedicated to land conservation purposes recognized by
					 the Internal Revenue Service as a tax-exempt organization under the Internal
					 Revenue Code of 1986 ( 26
					 U.S.C.A. §
											§
											1 -
					 7872.
Normal farming operation-
(i) The customary and generally accepted
				  activities, practices and procedures that farmers engage in year after year in
				  the production and preparation for market of crops, livestock and livestock
				  products and in the production and harvesting of agricultural, agronomic,
				  horticultural, silvicultural, and aquacultural crops and commodities.
(ii) The term includes the storage and
				  utilization of agricultural and food processing wastes for animal feed and the
				  disposal of manure, other agricultural waste and food processing waste on land
				  where the materials will improve the condition of the soil or the growth of
				  crops or will aid in the restoration of the land for the same
				  purposes.
Nutrient management plan
-A written
					 site-specific plan which incorporates best management practices to manage the
					 use of plant nutrients for crop production and water quality protection
					 consistent with the Nutrient Management Act (3 P. S. §
											§
											1701-1718).
Parcel
-A tract of land in its entirety
					 which is assessed for tax purposes by one county, including any portion of that
					 tract that may be located in a neighboring county. The county responsible for
					 assessing an entire tract, on its own or in conjunction with either the
					 Commonwealth or a local government unit, or both, shall be eligible to purchase
					 agricultural conservation easements covering the entire tract.
Pennsylvania Municipalities Planning Code
-53 P. S. §
										§ 10101-11201.
Person
-A corporation, partnership,
					 business trust, other association, government entity (other than the
					 Commonwealth), estate, trust, foundation or natural person.
Planning commission
-A local government
					 planning commission or agency which has been designated by the governing body
					 of the local government unitto establish and foster a comprehensive plan for
					 land management and development within the local government unit.
Restricted land
-Land which is subject to
					 the terms of an agricultural conservation easement acquired under the
					 act.
Secretary
-The Secretary of Agriculture of
					 the Commonwealth.
7-year review
-The periodic review of an
					 existing ASA in accordance with section 9(a) of the act.
Soils available for agricultural
					 production
-Soils on land that is harvested cropland, pasture or
					 grazing land, or land upon which no structure, easement, roadway, curtilage or
					 natural or manmade feature would impede the use of that soil for agricultural
					 production.
Soils report
-A report which identifies and
					 sets forth the amount of each land capability class found on a farm land
					 tract.
State Board
-The State Agricultural Land
					 Preservation Board.
State-certified general real estate
					 appraiser
-A person who holds a current general appraiser's certificate
					 issued under the Real Estate Appraisers Certification Act (63 P. S. §
											§
											457.1-457.19).
Subdivision
-The division or redivision of
					 a lot, tract or parcel of land by any means into two or more lots, tracts,
					 parcels or other divisions of land including changes in existing lot lines for
					 the purpose, whether immediate or future, of lease, partition by the court for
					 distribution to heirs or devisees, transfer of ownership or building or lot
					 development, or as otherwise defined in §
										138e.3.
Title report-
(i) A report prepared by a person authorized
				  by the Insurance Department to engage in the sale of title insurance or an
				  attorney setting forth the existence of any liens, restrictions or other
				  encumbrances on a farmland tract.
(ii) The term does not include the title
				  search, but does include the title binder or the title commitment, or
				  both.
USDA
-The United States Department of
					 Agriculture.
USDA-NRCS
-The Natural Resources
					 Conservation Service of the USDA. This entity was formerly known as the Soil
					 Conservation Service.
Viable agricultural land
-Land suitable for
					 agricultural production and which will continue to be economically feasible for
					 that use if real estate taxes, farm use restrictions and speculative activities
					 are limited to levels approximating those in commercial agricultural areas not
					 influenced by the proximity of urban and related nonagricultural
					 development.