Amendments to the Agricultural Security Area Law (Act 43 of 1981) were signed December 14, 1988 and will go into effect in mid February 1989. The amendments modify and clarify provisions in the existing law, add a new benefit for participants and, most significantly, provide the mechanism for purchasing agricultural conservation easements from farmers in Agricultural Security Areas. The conservation easements (also referred to as "development rights") program was authorized by Pennsylvania's voters in November 1987 Agricultural Security Areas are a tool for strengthening and protecting agriculture in Pennsylvania. Farm landowners, working together, initiate the process of establishing such Areas in which agriculture is the primary activity. Participating farmers are entitled to special consideration from local and state government agencies, thus encouraging the continuing use of the land for productive agricultural purposes.
Key Features
- initiated by petition of farm landowners
- minimum area of 500 total acres
- may include non-adjacent farmland parcels
- township or borough level program
- seven year lifetime, then reviewed
- parcels may be added during seven year period
- participation by landowners is voluntary
- use of land not restricted (not a land use law)
- participants receive special consideration regarding: local ordinance effect on farming activities and nuisances; state agency rules and regulations; review of farmland condemnation by state and local government agencies; review of state-funded development projects
- participants eligible to sell agricultural conservation easements
Creating Agricultural Security Areas
Setting up an Agricultural Security Area is a simple process with five basic steps.
- The process of establishing an Agricultural Security Area is initiated by petition of owners of productive farmland totaling at least 500 acres. The land to be included must have soils conducive to agriculture and be used for the production of crops, livestock and livestock products. The petition is submitted to the local government unit with a description and boundaries of the proposed Area. Non-adjacent parcels of at least 10 acres may be included. A proposed Area located in more than one government unit is submitted for approval to each governing body.
- The governing body gives public notice of the proposal to create an Area. Basic information is printed in a newspaper and posted in five locations, with an invitation for objections and modifications to be submitted to the governing body and planning commission within 15 days.
- After the 15 day comment period the proposal, with objections and modifications, is referred to the local planning commission and a specially formed Agricultural Security Area Advisory Committee. The Advisory Committee is made up of three active local farmers, one citizen and a member of the local governing body. Both groups have up to 45 days to review the proposal and make recommendations to the governing body.
- A public hearing on the proposed area must be held by the governing body. Modifications to the Area may be made up to 7 days before the public hearing is advertised.
- Following a public hearing the governing body may decide to adopt or reject the proposal, or any modifications to it. The Area, if created, has a 7 year lifetime after which it is reviewed. The governing body must act within 180 days from the date the petition was submitted. If the governing body fails to decide in 180 days, the Agricultural Security Area is automatically adopted as originally petitioned. Within 10 days of its creation a description of the Area must be filed with the recorder of deeds and both the local and county planning commission.
Benefits of Agricultural Security Areas
When an Agricultural Security Area is formed it entitles the participating landowners to special consideration from the local governing body and state government agencies. The local government unit may not impose ordinances that unreasonably restrict farm structures or practices within the Area, nor may normal farming operations and practices be deemed "nuisances" in a nuisance ordinance. State government agencies must modify their administrative regulations and procedures to encourage viable farming in Agricultural Security Areas.
Land condemnations within Agricultural Security Areas, proposed by Commonwealth or local agencies (such as municipal authorities, school boards and governing bodies), must be reviewed and approved before land may be condemned. In addition, all state-funded development projects which might affect an established Area must be reviewed. Modifications may be proposed to ensure the integrity of the Agricultural Security Area.
New Features
It is now possible to add farmland to an established Agricultural Security Area during its seven year lifetime. Previously, new land could only be added at the seventh year review. Any proposal to add land must follow the procedures outlined for the establishment of an Area.
If, during the seven year life of an Area, 10 percent of the land diverted to non agricultural use, the governing body may call for an interim review. The Advisory Committee and local and county planning commissions make recommendations to the governing body who may decide to modify or terminate the Area.
The mechanism and basic procedures for a statewide program to purchase agricultural conservation easements from landowners in Agricultural Security Areas is set up. Agricultural conservation easements are similar to the commonly known "development rights," but they actually are the right to prevent development. Farmers voluntarily willing to sell conservation easements would be compensated for the development value of the land without having to take it out of agricultural production. A $100 million bond issue, approved in November 1987, will fund the program.
A newly created State Agricultural Land Preservation Board will oversee the program, the county agricultural land preservation boards will administer local conservation easement purchases.