Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › GENERAL › Section 138e.3 - 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 Agricultural Area Security Law
					 (3 P.
					 S. §
											§
											901-915).
Agreement
or
agreement of
					 sale
-A document executed by a landowner and the county board to
					 purchase a specific agricultural conservation easement as part of the county
					 board's recommendation for purchase, and that includes all of the materials
					 referenced and incorporated into the agreement, in accordance with section
					 14.1(h) (8.2 ) of
					 the act (3 P. S. §
											914.1(h)(8.2)).
Agricultural conservation easement
or
easement
-An interest in land, less than fee simple, which
					 interest represents the right to prevent the development or improvement of a
					 parcel for a purpose other than agricultural production. The easement may be
					 granted by the owner of the fee simple to a third party or to the Commonwealth,
					 to a county governing body or to a unit of local government. It shall be
					 granted in perpetuity, as the equivalent of covenants running with the land.
					 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
-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. 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.
Agricultural security area
-A unit of 250
					 or more acres of land used for the agricultural production of crops, livestock
					 and livestock products under the ownership of one or more persons and
					 designated as such by the procedures in the act or designated as such under the
					 act of January 19, 1968 (1967 P. L. 992, No. 442) (32 P. S. §
											§
											5001-5012) prior to the February 12, 1989
					 effective date of the act of December 14, 1988 (P. L. 1202, No. 149), 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: provided that an owner of land designated as such
					 under the authority of the act of January 19, 1968 (1967 P. L. 1992, No. 442)
					 may withdraw the land from an agricultural security area by providing written
					 notice of withdrawal to the county governing body or governing body of the
					 municipality in which the land is located within 180 days of February 12,
					 1989.
Agricultural value
-The sum of the
					 following:
(i) The farmland value
				  determined by the applicant's appraisal.
(ii) One-half of the difference between the
				  farmland value determined by the State or county board's appraiser and the
				  farmland value determined by the applicant's appraiser if the farmland value
				  determined by the State or county board's appraiser exceeds the farmland value
				  determined by the applicant's appraiser.
Allocation
-The State Board's designation
					 of funds to eligible counties under section 14.1 of the act. An allocation is
					 an accounting procedure only and does not involve certifying, reserving,
					 encumbering, transferring or paying funds to eligible counties.
Annual easement purchase threshold
-An
					 amount annually determined by the State Board which equals at least $10 million
					 to be allocated among eligible counties.
Applicant
-A person offering to convey an
					 easement on a farmland tract.
Appropriation
-The irrevocable commitment
					 of a specific amount of money by the county governing body exclusively for the
					 purchase of easements.
Comparable sales
-Market sales of similar
					 land. In locating comparable sales, first priority will be given to farms
					 within the same municipality as the subject land. The second priority will be
					 farms located within other municipalities in the same county as the subject
					 land. The lowest priority will be given to farms located outside the same
					 county as the subject land.
Conservation plan
-A plan describing land
					 management practices which, when completely implemented, will improve and
					 maintain the soil, water and related plant and animal resources of the land. A
					 conservation plan shall include the following:
(i) An installation schedule.
(ii) A maintenance program.
(iii) A nutrient management component
				  consisting of a statement of whether a nutrient management plan is required
				  under the Nutrient Management Act (3 P. S. §
											§
											1701-1718) and, if required, confirmation
				  that a plan is in place or will be in place prior to conveyance of the
				  agricultural conservation easement. If a nutrient management plan is not
				  required under the Nutrient Management Act, the nutrient management component
				  shall consist of a description of the amounts and types of nutrients generated
				  on the farmland tract and a description of any current and planned measures or
				  procedures for containment, use, disposal or other disposition of the nutrients
				  described.
Contiguous acreage
-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. The term
					 includes supportive lands such as unpaved field access roads, drainage areas,
					 border strips, hedgerows, submerged lands, marshes, ponds and streams.
Contract of sale
-A legally enforceable
					 agreement in a form provided by the State Board obligating the landowner to
					 sell, and the Commonwealth or a county, or both, to purchase an agricultural
					 conservation easement on a specified farmland tract.
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 matching funds
-Money appropriated
					 by the county governing body for the purchase of easements.
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.
County program
-A county agricultural land
					 preservation program for the purchase of easements authorized and approved by
					 the county governing body, and approved by the State Board under section
					 14.1(a)(3)(xi) and (xiv) of the act.
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 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
				  by-products.
Crops unique to the area
-The term includes
					 crops which historically have been grown or have been grown within the last 5
					 years in the region, and which are used for agricultural production in the
					 region. For example, orchard or vineyard crops that have historically been
					 produced in a particular county might be considered crops unique to the
					 area.
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.
Easement value
-The difference between the
					 nonagricultural value and agricultural value of a farm. If solely the county or
					 State appraisal is used, nonagricultural value and agricultural value are equal
					 to market value and farmland value, respectively. If the landowner obtains an
					 independent appraisal, nonagricultural value and agricultural value shall be
					 calculated according to section 14.1(f) of the act.
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
					 employes is permitted under section
					 14.1(c)(6)(iv) of
					 the act, to meet the criteria in §
										138e.16(a)
					 (relating to minimum criteria for applications).
Eligible counties
-Counties whose county
					 programs have been approved by the State Board. For the purpose of annual
					 allocations, an eligible county shall have its county program approved by the
					 State 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.
Encumber
-The reservation by the
					 Commonwealth or a county of previously-allocated funds to pay all or part of
					 the costs of purchasing a specific easement under a specific agreement of
					 sale.
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.
Farmland value
-The price as of the
					 valuation date for property used for normal farming operations which a willing
					 and informed seller who is not obligated to sell would accept for the property,
					 and which a willing and informed buyer who is not obligated to buy would pay
					 for the property.
Fund
-The Agricultural Conservation
					 Easement Purchase Fund established by section
					 7.2 of the act of June 15, 1982 (P.
					 L. 549, No. 159) (3 P. S. §
											1207.2).
Grant funds
-Funds allocated to a county by
					 the State Board under section
					 14.1(h)(2) and
					 (5)(ii) of the act, the expenditure of which
					 is not contingent upon the appropriation and expenditure of county matching
					 funds.
Grantee
-The person or entity to whom an
					 easement is conveyed under the act.
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 employes 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
-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. The term does not include land devoted to
					 production of timber and wood products.
Immediate family member
-A brother, sister,
					 son, daughter, stepson, stepdaughter, grandson, granddaughter, father or mother
					 of the landowner.
LCC
-
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.
Land development
-One of the following
					 activities:
(i) The improvement of one
				  lot or two or more contiguous lots, tracts or parcels of land for any purpose
				  involving a group of two or more residential buildings, whether proposed
				  initially or cumulatively.
(ii) A
				  subdivision of land.
Land which has been devoted primarily to
					 agricultural use
-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, and which excludes 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, and which further excludes 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 employes is permitted under section
					 14.1(c)(6)(iv) of the act.
Landowner
-The person holding legal title
					 to a particular farmland tract.
Local government unit
-Any 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.
Market value
-The price as of the valuation
					 date for the highest and best use of the property which a willing and informed
					 seller who is not obligated to sell would accept for the property, and which a
					 willing and informed buyer who is not obligated to buy would pay for the
					 property.
Nonagricultural value
-The sum of the
					 following:
(i) The market value
				  determined by the State or county board's appraiser.
(ii) One-half of the difference between the
				  market value determined by the applicant's appraiser and the market value
				  determined by the State or county board's appraiser, if the market value
				  determined by the applicant's appraiser exceeds the market value determined by
				  the State or county board's appraiser.
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 ( 26 U.S.C.A.
					 §
											§
											1 -
					 7872.
Normal farming operations
-The customary
					 and generally accepted activities, practices and procedures that farmers adopt,
					 use or 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. 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 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.
Restricted land
-Land which is subject to
					 the terms of an agricultural conservation easement acquired under the
					 act.
Secretary
-The Secretary of the
					 Department.
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 (663 P. S. §
											§
											457.1-457.19).
State matching funds
-Funds allocated to a
					 county by the State Board under section
					 14.1(h)(3), (4) or
					 (5)(i) of the act, the expenditure of which
					 is contingent upon the appropriation and expenditure of county matching
					 funds.
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.
Title report
-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. 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.
This section cited in 7 Pa. Code §
												138e.64 (relating to appraisal); 7
						Pa. Code §
												138e.222 (relating to conservation
						plan); 7 Pa. Code §
												138e.253 (relating to registration
						of eligible land trust); and 7 Pa. Code §
												138l.1 (relating to
						definitions).