Pennsylvania Code
Title 7 - AGRICULTURE
Part V-C - Farmland and Forest Land
Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM
RESPONSIBILITY OF OWNER
Section 138e.222 - Conservation plan
Universal Citation: 7 PA Code ยง 138e.222
Current through Register Vol. 54, No. 12, March 23, 2024
(a) The county board shall require the owner of land being considered for agricultural conservation easement purchase to do the following:
(1) Before the county board recommends
approval of the easement purchase to the State Board, obtain a conservation
plan approved by the county conservation district or the county board for the
land that would be subject to the agricultural conservation easement.
(2) As part of the settlement documents
described in §
138e.93 (relating to postsettlement
recording and reporting procedures), execute a conservation plan agreement form
containing the following:
(i) The name,
address and telephone number of the landowners.
(ii) The location of the land.
(iii) The acreage of the land.
(iv) An acknowledgement that the deed of
agricultural conservation easement requires that all agricultural production on
the subject land be conducted in accordance with the conservation
plan.
(v) An acknowledgement that a
conservation plan exists with respect to the land, together with the following:
(A) The source of the conservation plan
(typically, the county conservation district).
(B) An identifying number given the
conservation plan.
(C) The date of
the conservation plan.
(vi) An acknowledgement that the landowners
agree to comply with the conservation practices and implementation schedule in
the conservation plan, and an acknowledgement that failure to so comply would
be a violation of the terms of the deed of agricultural conservation
easement.
(vii) The signature of
the landowners.
(b) In addition to the requirements established by the county conservation district or the county board, the conservation plan shall meet the definitional requirement of a conservation plan in § 138e.3 (relating to definitions) and also require that:
(1) The use of the
land for agricultural production, such as growing sod, nursery stock,
ornamental trees and shrubs does not remove excessive soil from the restricted
land.
(2) The excavation of soil,
sand, gravel, stone or other materials for use in agricultural production on
the restricted land is conducted in a location and manner that preserves the
economic viability of the restricted land for agricultural
production.
(3) The mining of
minerals is conducted only through the use of methods authorized in the
act.
This section cited in 7 Pa. Code § 138e.93 (relating to postsettlement recording and reporting procedures); and 7 Pa. Code § 138e.103 (relating to expenditure of matching funds).
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