reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.4 - Eligible uses

Current through Register Vol. 54, No. 28, July 13, 2024
Proceeds from a loan made under this chapter shall be used by
				  the applicant solely for the purchase and installation of machinery or
				  equipment to be used in connection with the applicant's farm operation or for
				  the construction or reconstruction of a building used in connection with the
				  installation of the machinery or equipment. Loan proceeds may not be used for
				  any of the following purposes:
(1) To
				cause, aid or assist indirectly or directly in the relocation of a farm from
				one location in this Commonwealth to another.
(2) To supplant funding that is readily
				available from private sector sources on commercially reasonable
				terms.
(3) To refinance a portion
				of the total project cost or other existing loans or debts.
(4) For use in a project outside the
				geographic boundaries of this Commonwealth.
(5) For the purchase of motor
				vehicles.
This section cited in 7 Pa. Code §
											138d.12 (relating to action by
					 Secretary).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.5 - Citizenship

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individuals.
To be eligible for a loan under this chapter, the
				applicant, if an individual, shall be:
(1) A
				citizen of the United States.
(2) A
				resident of this Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.6 - Evidence of matching funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Prior to loan approval, the applicant shall provide evidence to the Department
				that it has secured matching funds from a lender for the project for which the
				loan is requested. The type of evidence that the Department will require will
				be in the sole discretion of the Department.
(b) The applicant shall also provide a letter
				from the lender providing matching funds recommending that a loan under this
				chapter be granted and stating that its loan to the applicant would not be
				feasible without a loan from the Department.
This section cited in 7 Pa. Code §
											138d.3 (relating to amount of
					 loan); 7 Pa. Code §
											138d.7 (relating to general
					 conditions); and 7 Pa. Code §
											138d.12 (relating to action by
					 Secretary).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.7 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Interest rates.
The interest rate will be established once a
				year by the Secretary.
(b)
Term of loan and rate of payment.
The maximum term of a loan
				may not exceed 7 years. Payments shall be made monthly, quarterly or
				semi-annually, as determined by the Loan Committee.
(c)
Security.
(1)
Policy.
The Department
				will fully secure each loan before distributing the loan proceeds and its lien
				position may not be less than a second position as to liens on real estate and
				equipment connected with the farm operation. Only a lender providing matching
				funds under §
										138d.6 (relating to evidence of
				matching funds) will be permitted to have a lien position superior to that of
				the Department. A loan shall be fully secured and no part of the loan shall be
				unsecured.
(2)
Valuation of
				collateral.
Real estate security shall be valued on the basis of
				appraised value and equipment security shall be valued on the basis of resale
				value.
(3)
Additional
				security.
The Department may require other and additional security as
				it deems just and reasonable, including personal liability, additional
				collateral, insurance and guarantees.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.8 - Submission of application

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant desiring to be considered for a loan under this
				  chapter shall submit to the Department, on a form prepared by the Department,
				  an application for a loan. Applications will be accepted only between October
				  15 and December 31 each year.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.9 - Processing applications

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of an application and the required supporting
				  documentation, the Department will review this information for completeness and
				  accuracy. If the application is found to be incomplete or inaccurate,
				  additional data will be requested and final processing of the application will
				  be discontinued until the requested data is supplied by the applicant. The
				  Department may terminate the processing of an incomplete application when the
				  additional data is not supplied to the Department within 30 days of a written
				  request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.10 - Review of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				evaluation of the application by the Loan Committee will be based on the
				following criteria:
(1)
Credit
				factors.
(i)
The
				applicant.
Character, experience, education, training, management of
				finance and farm operation, absence of prior criminal record, credit history
				and rating as determined from credit reporting services and other
				sources.
(ii)
Financial
				responsibility.
Financial responsibility reflecting the ability to
				meet obligations, continue farm operations and protect the lender and the
				Department against undue risk. The applicant's total assets controlled, equity
				owned, contingent liabilities and history of earnings to date are significant
				measures of financial responsibility.
(iii)
Repayment capacity.
The determination of repayment capacity requires an analysis of cash flow
				history and projection. A cash flow project shall reflect cash generated from
				the applicant's farm operation and from other sources. Generally, the flow of
				cash shall be sufficient to meet current obligations and provide a remainder
				for contingencies.
(iv)
Collateral offered on available security.
Collateral
				requirements are contingent upon the requirements of the law as dictated by the
				strengths or weaknesses of credit factors. The requirement of collateral and
				collateral taken shall reasonably protect the Department, provide the necessary
				control of equity and repayment and leave the applicant in a position to
				reasonably manage his farm operation. The applicant's ability to give the
				Department a first position in terms of a lien on collateral or to share a
				first position with the lender providing matching funds, will be given great
				weight.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.11 - Loan Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Function.
The Loan Committee shall review the application and
				supporting documents in accordance with this chapter and forward its
				recommendation of approval or rejection of the application to the Secretary.
				The Loan Committee shall also provide the Secretary with the rationale for its
				decision, other information requested by the Secretary and restrictions or
				special conditions to be placed on the loan. If the Loan Committee does not
				submit its recommendation to the Secretary within 60 days after the first
				meeting at which the complete and accurate application was considered, the Loan
				Committee shall be deemed to have recommended approval of the
				application.
(b)
Majority
				required.
The Loan Committee will not recommend the approval of a loan
				unless a majority of the quorum present at the meeting vote in favor of the
				loan.
(c)
Membership.
The seven member Loan Committee will be appointed
				by the Secretary and will consist of two Departmental staff members, one
				financial staff member of the Department of Commerce, two farmers involved in
				agricultural production, one person involved in agricultural finance, and one
				expert in rural economics and sociology. The Secretary will designate the
				Chairperson of the Loan Committee. The members of the Loan Committee shall
				serve for terms of 2 years commencing with the date of their respective
				appointments, and shall serve at the discretion of the Secretary.
(d)
Meetings.
The Loan
				Committee shall hold meetings as needed to perform their duties. Meetings of
				the Loan Committee shall be called by the Secretary.
(e)
Reimbursement.
The
				members of the Loan Committee are not entitled to compensation for their
				services as members, but are entitled to reimbursement for expenses incurred in
				connection with the performance of their duties at the current rates set by the
				Commonwealth.
This section cited in 7 Pa. Code §
											138d.2 (relating to
					 definitions).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.12 - Action by Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prompt action.
The Secretary will have final authority
				regarding loan approval. An applicant is entitled to prompt notice of action on
				his application after it has been forwarded to the Secretary from the Loan
				Committee with a recommendation of approval or rejection.
(b)
Criteria for action and
				discretion of Secretary.
The Secretary will approve a loan for an
				applicant only after consideration of the recommendation of the Loan Committee
				and only in accordance with the eligibility and evaluation criteria and loan
				limits under §
									§
									138d.3-138d.7 and
				138d.10. The Secretary may approve
				a loan in a lesser amount and on less favorable terms than recommended by the
				Loan Committee and may impose conditions not recommended by the Loan
				Committee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.13 - Conflict of interest prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
A member of the Loan Committee, employe of the Department,
				  person in the immediate family or household of a member of the Loan Committee
				  or employe of the Department may not be a party to or be in any manner
				  interested in a contract, agreement or loan made under this chapter. If a
				  contract, agreement or loan is made in violation of this section, it is void
				  and without effect and no action may be maintained thereon by a person or
				  entity against the Commonwealth. If a contract, agreement or loan is made in
				  violation of this section, the Commonwealth may maintain an action, including
				  an action in mortgage foreclosure to seek reimbursement of funds it may have
				  disbursed to the applicant.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.15 - Right of recovery

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the right to make a claim for and receive
				  from the loan recipient monies not expended in accordance with this
				  chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.16 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation is limited to the
				  amount of the loan. The Department is not responsible for funding cost overruns
				  incurred by loan recipients.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.17 - Default

Current through Register Vol. 54, No. 28, July 13, 2024
A loan shall be declared in default if the loan recipient
				  fails to make a monthly, quarterly or semi-annual payment within 30 days of its
				  due date.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › GENERAL › Section 138e.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the
				  policy of the Commonwealth to conserve and protect agricultural lands. A sound,
				  Statewide farmland preservation program will assure that farmers in this
				  Commonwealth have sufficient agricultural lands to provide farm products for
				  the people of this Commonwealth and the Nation.
(b) Agricultural conservation easements
				  restrict and limit the conversion of farmland to nonagricultural use. Easements
				  may be purchased when they are offered voluntarily by the landowner and shall
				  be purchased only in perpetuity.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › GENERAL › Section 138e.2 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Only a county board that has a county program is eligible
					 to submit recommendations for the purchase of easements to the State
					 Board.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.11 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  county program shall demonstrate that the county has fair, equitable,
				  objective, nondiscriminatory procedures for determining easement purchase
				  priorities.
(b) A county program
				  shall contain written policies and procedures for determining easement purchase
				  priorities and written procedures for purchasing easements. For example, a
				  county program that would allow a farmland tract with a higher farmland ranking
				  score (as described in §
										138e.15 (relating to farmland
				  ranking system)) to be bypassed in favor of making an offer to purchase an
				  easement on a farmland tract with a relatively lower farmland ranking score
				  shall set forth the priorities and procedures under which this determination is
				  made.
(c) A county program shall
				  address and meet the standards, criteria and requirements in §
										§
										138e.12-138e.21. A county program may
				  propose additional standards, criteria and requirements for approval by the
				  State Board. Additional provisions shall be designed to assure that selection
				  of land for easement purchase is consistent with the purposes of the
				  act.
(d) A county program shall
				  contain provisions for the participation of local government units in the
				  preservation of farmland through the purchase of agricultural conservation
				  easements. These provisions shall address the following:
(1) Local government unit recommendations for
				  joint county-local government unit purchases.
(2) Local government unit recommendations for
				  joint Commonwealth-local government unit purchases.
(3) Local government unit recommendations for
				  joint Commonwealth-county-local government unit purchases.
(4) Local government unit agricultural
				  conservation easement purchases authorized under section 14.1(b.1)(4) of the
				  act (3 P. S. §
												914.1(b.1)(4)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.12 - Authorization of program by county governing body

Current through Register Vol. 54, No. 28, July 13, 2024
The county governing body shall submit to the State Board a
					 certified copy of the resolution or other official action authorizing
					 administration of the county program by the county board.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of a county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.13 - County board; membership; occupations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county governing body shall submit to
				  the State Board a list of the members of the county board which shall contain
				  the following information concerning the composition of the county board:
(1) The name of each member.
(2) The address of each member.
(3) The occupation of each member.
(4) The length of the term of each
				  member.
(5) The name of the
				  chairperson.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.14 - County statement of purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The county program shall contain a statement which defines
					 the purpose of the easement purchase program. It shall state the objectives of
					 the program and include the following as the county program's purposes:
(1) To protect viable agricultural lands by
				  acquiring agricultural conservation easements which prevent the development or
				  improvement of the land for any purpose other than agricultural
				  production.
(2) To encourage
				  landowners to make a long-term commitment to agriculture by offering them
				  financial incentives and security of land use.
(3) To protect normal farming operations in
				  agricultural security areas from incompatible nonfarmland uses that may render
				  farming impracticable.
(4) To
				  protect normal farming operations from complaints of public nuisance against
				  normal farming operations.
(5) To
				  assure conservation of viable agricultural lands to protect the agricultural
				  economy of this Commonwealth.
(6)
				  To provide compensation to landowners in exchange for their relinquishment of
				  the right to develop their private property.
(7) To maximize agricultural conservation
				  easement purchase funds and protect the investment of taxpayers in agricultural
				  conservation easements.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of a county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.15 - Farmland ranking system

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
System required.
The county board shall adopt a farmland
				  ranking system meeting the requirements of this section for use in prioritizing
				  applications for the appraisal of properties meeting the minimum criteria in
				  §
										138e.16 (relating to minimum
				  criteria for applications). This farmland ranking system may include additional
				  or substitute criteria as approved by the State Board.
(b)
Review and approval of
				  system.
The county board shall set forth its farmland ranking system
				  in its county program and submit the county program to the State Board for
				  review and approval in accordance with the act.
(c)
Land Evaluation and Site
				  Assessment (LESA) system.
The farmland ranking system shall evaluate
				  tracts being considered for appraisal on a 100-point scale, using the two-part
				  LESA system described in this section. The weighted Land Evaluation (LE) score
				  shall be calculated in accordance with subsection (d). The weighted Site
				  Assessment (SA) score shall be calculated in accordance with subsection (e).
				  The total of the weighted LE and weighted SA scores equals the farmland ranking
				  score. The county board shall establish in the county program the weighted
				  values to be given the LE score and the SA score, as well as the weighted
				  values to be given the three general categories-development potential (DP),
				  farmland potential (FP) and clustering potential (CP)-of factors to be
				  considered in calculating the SA score. The weighted values set forth in the
				  county program shall total 100%, and shall be within the following ranges:
Minimum Weighted Value
Maximum Weighted Value
Land Evaluation
								(LE)...
40%
70%
Site Assessment (SA) Developmental
								Potential...
10%
40%
Site Assessment Farmland
								Potential...
10%
40%
Site Assessment Clustering
								Potential...
10%
40%
A flow chart summarizing the farmland ranking system is set
					 forth at Appendix A.
(d)
Land Evaluation (LE).
(1)
Source of soils data.
A farmland ranking system shall
				  designate either or both of the following as the source of the soils data used
				  in LE:
(i) The county soil survey, as
				  published by the USDA-NRCS in cooperation with the Pennsylvania State
				  University and the Department.
(ii)
The Soil and Water Conservation Technical Guide
published and
				  updated by the USDA-NRCS.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.16 - Minimum criteria for applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county program shall consider the
				  quality of the farmland tract, including the USDA soil classification and
				  productivity. The farmland tract shall:
(1)
				  Be one or more of the following:
(i) Located
				  in an agricultural security area consisting of 500 acres or more.
(ii) Bisected by the dividing line between
				  two local government units, having the majority of its viable agricultural land
				  within an agricultural security area of 500 acres or more and the remainder in
				  another local government unit outside of an agricultural security
				  area.
(iii) Bisected by the
				  dividing line between the purchasing county and an adjoining county, having the
				  land located in the purchasing county within an agricultural security area of
				  500 acres or more and the remainder in another county outside of an
				  agricultural security area, and with respect to which one of the following
				  applies:
(A) A mansion house is on the tract
				  and located within the purchasing county.
(B) When the mansion house on the tract is
				  bisected by the dividing line between the two counties, the landowner has
				  chosen the purchasing county as the situs of assessment for tax
				  purposes.
(C) When there is no
				  mansion house on the farmland tract, the majority of the tract's viable
				  agricultural land is located within the purchasing county.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.17 - Planning and development map

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The county board shall, in consultation with the county planning commission,
				  prepare and adopt a map identifying the important agricultural areas of the
				  county. The scale of the map shall be such that it can be used to locate
				  specific land proposed for easement purchase.
(b) The county board shall encourage the
				  formation of agricultural security areas in the important agricultural areas
				  identified in the map described in subsection (a).
(c) The planning and development map shall
				  identify areas in the county devoted primarily to agricultural use where
				  development is occurring or is likely to occur in the next 20 years. The
				  identification of these areas shall be made in consultation with the county
				  planning commission, and any other body the county board deems
				  appropriate.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.15 (relating to farmland
						ranking system); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of a county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.18 - Schedule for submission of applications

Current through Register Vol. 54, No. 28, July 13, 2024
The county program shall contain a schedule for the
					 submission of applications to the county board.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of a county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.19 - Purchasing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The county program shall contain or incorporate by
					 reference the procedures in §
										§
										138e.61-138e.65 (relating to procedure for
					 purchasing an easement) and additional consistent procedures as approved by the
					 State Board.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of a county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.20 - Public information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  county board shall publicize the county program.
(b) The county program shall set forth the
				  manner in which the county board will publicize the county program.
(c) The county board shall be subject to the
				  Sunshine Act (65 P. S. §
											§
											271-286) and the act of June 21, 1957 (P. L.
				  390, No. 212) (65 P. S. §
											§
											66.1-66.4), known as the Right-To-Know Law,
				  relating to the inspection and copying of public records.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of a county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM › Section 138e.21 - Inspection and enforcement of an easement

Current through Register Vol. 54, No. 28, July 13, 2024
The county program shall contain or incorporate by
					 reference the procedures for inspecting and enforcing an easement in §
										§
										138e.201-138e.207 (relating to procedure for
					 inspecting and enforcing an easement) and additional, consistent procedures as
					 approved by the State Board.
This section cited in 7 Pa. Code §
												138e.11 (relating to general
						requirements); 7 Pa. Code §
												138e.42 (relating to review,
						certification and approval of county program); and 7 Pa. Code §
												138e.62 (relating to evaluation of
						application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › STATE BOARD REVIEW OF COUNTY PROGRAM › Section 138e.41 - Application for review of county program

Current through Register Vol. 54, No. 28, July 13, 2024
A county board seeking State Board review, certification
					 and approval of its county program shall submit one copy of its county program
					 and its bylaws to the State Board at the following address: Director, Bureau of
					 Farmland Preservation, Department of Agriculture, 2301 North Cameron Street,
					 Harrisburg, Pennsylvania 17110-9408.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › STATE BOARD REVIEW OF COUNTY PROGRAM › Section 138e.42 - Review, certification and approval of a county program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The State Board will acknowledge receipt
				  of the county program and may request additional information.
(b) Within 60 days of receipt of a complete
				  county program, the State Board will approve or disapprove the county program.
(1) The State Board will approve the county
				  program if it finds that the standards, criteria and requirements in the act
				  and §
											§
											138e.11-138e.21 (relating to requirements
				  for certification of county program) have been satisfied, and will immediately
				  notify the county board in writing that the county program has been
				  approved.
(2) The State Board will
				  disapprove the county program if it is not in accordance with the act and
				  §
											§
											138e.11-138e.21 and will immediately notify
				  the county board in writing of the reasons for the disapproval. The county
				  board may submit a revised county program to the State Board. The revised
				  county program shall be treated as a new request for certification and
				  approval.
(3) The county board may
				  withdraw its county program from the State Board prior to action by the State
				  Board. The county board may resubmit the county program for review. The State
				  Board has 60 days from resubmittal to act on the county
				  program.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › STATE BOARD REVIEW OF COUNTY PROGRAM › Section 138e.43 - Revision of county program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Following initial approval by the State Board, a county program may be revised
				  in accordance with this section.
(b) A county board seeking review of a
				  proposed revision to its county program shall submit one copy of the proposed
				  revision to the State Board at the following address: Director, Bureau of
				  Farmland Preservation, Department of Agriculture, 2301 North Cameron Street,
				  Harrisburg, Pennsylvania 17110-9408.
(c) A county board's request for review of a
				  proposed revision to a county program shall set forth the following:
(1) The text of the existing provisions of
				  the county program to be revised.
(2) The text of all proposed revisions to the
				  county program.
(3) A brief
				  narrative explaining the reasons for, and the benefits from, the proposed
				  revisions.
(4) Other supporting
				  documentation or information deemed relevant by the county board or requested
				  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 COUNTY PROGRAM › Section 138e.44 - Periodic recertification of county programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Responsibilities of the State
				  Board.
(1) The State Board will
				  review a county program and approve or disapprove the recertification of that
				  county program in accordance with this section and section
				  14.1(b)(4) of the
				  act (3 P. S. §
												914.1(b)(4)).
(2) A county program that was approved by the
				  State Board on or before December 31, 1994, will be reviewed by the State Board
				  and approved or disapproved for recertification by December 31, 1996, and by
				  December 31 of every 7th year thereafter.
(3) A county program that was approved by the
				  State Board after December 31, 1994, will be reviewed by the State Board and
				  approved or disapproved for recertification by December 31 of the 7th year
				  after the date of original approval and by December 31 of every 7th year
				  thereafter.
(4) The State Board's
				  approval or disapproval of recertification need not be granted within the times
				  specified in paragraphs (1)-(3) if the county board fails to submit its county
				  program to the State Board by the applicable deadline in subsection (c), or if
				  the State Board postpones the deadline in accordance with subsection
				  (e).
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.62 - Evaluation of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  county board shall review the application to determine if it is complete and
				  meets the minimum criteria in §
										§
										138e.11-138e.21 (relating to requirements
				  for certification of county program).
(b) If the application is complete and the
				  minimum criteria are met, an agent or member of the county board shall view the
				  farmland tract and discuss the county program with the applicant.
(c) The county board shall evaluate timely
				  applications which meet the minimum criteria and rank them according to the
				  county farmland ranking system.
This section cited in 7 Pa. Code §
												138e.19 (relating to purchasing
						procedures).
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.63 - Order of appraisal

Current through Register Vol. 54, No. 28, July 13, 2024
Farmland ranking score shall determine the order in which
					 farmland tracts are selected by the county board for appraisal. Selection for
					 appraisal shall be made in descending order of farmland ranking
					 score.
This section cited in 7 Pa. Code §
												138e.19 (relating to purchasing
						procedures).
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.64 - Appraisal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An offer to
				  purchase an easement shall be based upon one or more appraisal reports which
				  estimate the market value and the farmland value of the farmland tract, as
				  those terms are defined in §
										138e.3 (relating to definitions).
				  The initial appraisal shall be at the county board's expense. This expense may
				  be reimbursed as a cost incident to easement purchase in accordance with
				  section 14.1(h)(6) of the act (3 P. S. §
											914.1(h)(6)) and §
										138e.68 (relating to statement of
				  costs).
(b) An appraisal of market
				  value and farmland value shall be based on an analysis of comparable sales, and
				  shall be conducted in accordance with standards in the most recent edition of
				  the
Uniform Standards of Professional Appraisal Practice
,
				  published by the Appraisal Standards Board of the Appraisal Foundation. If an
				  appraiser cannot practicably conduct an appraisal based on an analysis of
				  comparable sales, the appraiser may conduct an appraisal using another
				  methodology only if that methodology is an acceptable methodology under the
Uniform Standards of Professional Appraisal Practice
and the
				  appraisal report clearly describes the information considered, the appraisal
				  procedures followed and the reasoning that supports the analyses, opinions and
				  conclusions.
(c) The value of a
				  building or other improvement on the farmland tract will not be considered in
				  determining the easement value.
(d)
				  The appraiser shall be a State-certified general real estate appraiser who is
				  qualified to appraise a property for easement purchase. An appraiser shall be
				  selected by a county board on the basis of experience, expertise and
				  professional qualifications.
(e)
				  The appraiser shall supply a minimum of three copies of a narrative report
				  which contains the following information and is in the following format:
(1)
Introduction
.
(i) A letter of transmittal.
(ii) The appraiser's certificate of value as
				  to market value, farmland value and easement value.
(iii) A table of contents.
(iv) A summary of salient facts and
				  conclusions.
(v) The purpose of the
				  appraisal.
(vi) The definitions,
				  including definitions of market value, farmland value and easement
				  value.
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.65 - Easement value and purchase price

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Easement value.
An
				  easement shall be purchased in perpetuity. The maximum value of an easement for
				  purposes of making an offer to purchase an easement under §
										138e.66(b)
				  (relating to offer of purchase by county board) shall be the difference between
				  the market value and the farmland value contained in the county appraisal
				  report.
(b)
Maximum
				  purchase price.
The purchase price offered for the purchase of an
				  easement under §
										138e.66(b) may not
				  exceed, but may be less than, the value of the easement.
This section cited in 7 Pa. Code §
												138e.19 (relating to purchasing
						procedures); and 7 Pa. Code §
												138e.68 (relating to title
						insurance).
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.66 - Offer of purchase by county board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In determining whether to offer to
				  purchase an easement following receipt of the county appraisal report, the
				  county board shall consider the following:
(1) The farmland ranking score, as calculated
				  in accordance with §
											138e.15 (relating to farmland
				  ranking system).
(2) The cost
				  relative to total allocations and appropriations.
(3) The factors or considerations set forth
				  in the county program as those factors or conditions under which an offer to
				  purchase would be made in something other than descending order of farmland
				  ranking score. An example of a factor or consideration under which a county
				  program might provide for the making of an offer to purchase in something other
				  than descending order of farmland ranking score would be the landowner being
				  unable to obtain clear title to the farmland tract within a time specified in
				  the county program.
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.67 - Requirements of the agricultural conservation easement deed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owners of the subject farmland tract
				  shall execute a deed conveying the easement. This deed shall include the
				  provisions of §
										138e.241 (relating to deed
				  clauses).
(b) The deed shall be in
				  recordable form and contain:
(1) A legal
				  description setting forth the metes and bounds of the farmland tract subject to
				  the easement.
(2) At least one
				  course and distance referencing affixed marker or monument of a type commonly
				  placed in the field by a surveyor. Fixed markers may include iron pins, pk
				  nails, spikes, concrete monuments or stones.
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.68 - Title insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  county board shall provide the following to the State Board upon submission of
				  its recommendation for the purchase of an easement:
(1) A title insurance commitment.
(2) Copies of all recorded or unrecorded
				  documents listed on the title insurance commitment as exceptions to the title
				  insurance policy.
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.69 - Statement of costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
				  purposes of section 14.1(h)(6) of the act (3 P. S. §
											914.1(h)(6)), the county
				  board shall submit, on a form provided by the Department, a statement of costs.
				  This statement of costs shall include the cost of the agricultural conservation
				  easement and the costs incident to the purchase of the easement, and shall be
				  submitted to the State Board along with the application for review described in
				  §
										138e.91 (relating to recommendation
				  for purchase). The incidental costs may include:
(1) The county appraisal costs.
(2) The necessary legal fees for title
				  search, preparation of documents and attendance at the closing.
(3) The recording fees.
(4) The survey costs.
(5) The costs of providing adjoining
				  landowners with required notices and of providing necessary
				  advertisements.
(6) Reimbursements
				  to a nonprofit land conservation organization that has acquired an easement at
				  the request of the county board, for the purpose of transferring the easement
				  to the county or the Commonwealth, or both. These costs include the easement
				  purchase price, reasonable costs of financing the purchase, appraisal costs,
				  necessary legal costs, recording fees and survey costs.
(7) The cost of the title
				  insurance.
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.70 - Summary report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A recommendation by the county board for the purchase
				  of an easement shall be accompanied by a summary report consisting of a
				  narrative report and appendix as described in subsections (b) and
				  (c).
(b)
Narrative
				  report.
The narrative report shall consist of the following:
(1) A description of the farm, including the
				  name of all landowners, location in relation to the nearest town, number of
				  acres proposed for purchase and type of agricultural production on the
				  farm.
(2) A description of the
				  quality of the farmland tract, including the soil capability classes of the
				  soils available for agricultural production.
(3) The farmland ranking score, including a
				  statement of the relative ranking of the farmland tract among other tracts
				  considered by the county in the same round of applications.
(4) A description of the likelihood of
				  conversion to other uses if the easement is not purchased.
(5) A description of the nature and scope of
				  developmental pressure in the municipality or area.
(6) A description of the nature and scope of
				  conservation practices and best land management practices, including soil
				  erosion and sedimentation control and nutrient management.
(7) A discussion of the purchase price
				  summarizing the appraisals, including the agricultural and nonagricultural
				  value, negotiations for purchase and the percentage of the appraised easement
				  value accepted by the landowner.
(8) A statement of costs as described in
				  §
											138e.69 (relating to statement of
				  costs).
(9) A certification by the
				  county board that the information presented to the State Board is true and
				  correct.
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.71 - Notification of owners of land adjoining proposed easement purchase

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A county board shall provide the owners of land
				  adjoining a farmland tract with respect to which an easement purchase is
				  proposed with notice of the proposed purchase and notice of an opportunity to
				  be heard at the State Board meeting at which the easement purchase
				  recommendation is to be considered. At a minimum, this notice shall identify
				  the property being considered for easement purchase, reference the time and
				  place of the State Board meeting at which the easement purchase recommendation
				  is to be considered and reference the criteria in section 14.1(e)(1) of the act
				  (3 P.
				  S. §
											914.1(e)(1)) upon
				  which the State Board could disapprove a recommended easement purchase. Service
				  of this notice may be accomplished by personal service or mail as described in
				  subsections (b) and (c).
(b)
Personal service.
The notice described in subsection (a) may
				  be accomplished by personal service upon the landowners entitled to notice. If
				  service is accomplished by personal service, the county board shall submit
				  verification of service to the State Board in advance of the State Board
				  meeting at which the easement purchase recommendation is to be
				  considered.
(c)
Certified
				  mail.
The notice described in subsection (a) may be accomplished by
				  certified mail, return receipt requested, addressed to the landowner entitled
				  to the notice. If service is accomplished by certified mail, the county board
				  shall submit verification of service, including a copy of the return receipt,
				  to the State Board in advance of the State Board meeting at which the easement
				  purchase recommendation is to be considered.
(d)
Correction of notice.
If
				  the date or time of the meeting at which an easement purchase recommendation is
				  to be considered changes after the adjoining landowners receive the notice
				  described in this section, the county board shall provide these landowners a
				  corrective notice, providing notice of the changes, in the manner described in
				  subsection (b) or (c).
This section cited in 7 Pa. Code §
												138e.91 (relating to recommendation
						for purchases).