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Farmland Protection

This web page describes Pennsylvania's: These programs are administered by the Pennsylvania Department of Agriculture's Bureau of Farmland Preservation. Portions of this area are adapted from their website. For more information, visit:
http://www.agriculture.state.pa.us/farmland/cwp/view.asp?a=3&q=122454&agricultureNav=|4451|




Agricultural Security Area Program

Pennsylvania's Agricultural Area Security Act was originally enacted in 1981. The purpose of the law is "to conserve and protect the Commonwealth's agricultural lands as valued natural and ecological resourcesÂ…"

Key features of the Agricultural Security Area (ASA) program are:
  • Voluntary for farmers. Petitions are submitted to township supervisors by the farmers to create the ASA. They are reviewed every seven years; however, new parcels of farmland may be added to an established ASA at any time.
  • A minimum of 250 acres from among all the participating farmers is required.
  • An ASA may include non-adjacent farmland parcels of at least ten acres or be able to produce $2000 annually from the sale of agricultural products.
  • Participants receive special consideration regarding:
    • Local ordinances affecting farming activities.
    • Nuisance complaints.
    • Condemnation of the land by state and local government agencies (Review required.).
An ASA qualifies land for consideration under the Easement Purchase Program at the landowner's request, if the ASA has at least 500 acres enrolled in it.

Agricultural Conservation Easement Purchase Program

The Pennsylvania Agricultural Conservation Easement Purchase Program was developed in 1988 to help slow the loss of prime farmland to non-agricultural uses. The program enables state, county and local governments to purchase conservation easements (sometimes called development rights) from owners of quality farmland. The first easements were purchased in 1989. Counties participating in the program have appointed agricultural land preservation boards with a state board created to oversee this program. The state board is responsible for distribution of state funds, approval and monitoring of county programs and specific easement purchases.

How Farms Are Chosen For Easement Purchase

Aside from being part of an ASA, the farm is rated against other eligible parcels according to the following criteria:
  • Quality of the Farmland. State regulations require that easements be purchased on farms of a minimum of 50 (?) acres in size. Parcels as small as 10 acres may be preserved if adjacent to existing preserved farmland or used for the production of crops unique to the area.
  • At least half the tract must either be harvested cropland, pasture or grazing land, and it must contain 50 soil capability classes I-N.
  • Stewardship. Farms are rated on the use of conservation practices and best management practices of nutrient management and control of soil erosion and sedimentation.
  • Likelihood of Conversion. Easements offered for sale to counties will be scored and ranked for acquisition based on a variety of factors such as
    • The amount of other preserved farmland in close proximity.
    • Amount and type of agricultural use in the vicinity.
    • Proximity of farm to sewer and water lines.
    • Extent and type of non -agricultural uses nearby.

Proceeds From Easement Sale

Farmers may choose to receive the proceeds from easement sales in a lump sum payment, installments up to five years, or on a long-term installment basis. Many farmers use the proceeds from easement sales to reduce debt loads, expand operations, and as a way to pass on farms to the next generation.

Land Trust Reimbursement Grant Program

The Land Trust Reimbursement Grant Program seeks to accelerate farmland preservation activity by developing partnerships with land trusts.

Act 15 of 1999 authorized the State Board to allocate up to $500,000.00 from the Supplemental Agricultural Conservation Easement. Purchase Account for reimbursement grants to be awarded among qualified land trusts. The program will reimburse qualified land trusts up to $5,000.00 for expenses incurred in the acquisition of agricultural conservation easements. These expenses include appraisal costs, legal services, title searches, document preparation, title insurance, closing costs, and survey costs. If the eligible land trust is registered to receive grants under the program, it may, within 60 days of closing on an easement, make application to the State Board for a reimbursement grant. A copy of the recorded deed of easement must accompany the request for reimbursement. The subject property must meet minimum criteria published in the 10/28/00 PA Bulletin and more recent regulations.

Thank you to The Conservation Fund for supporting our land conservation efforts. Visit The Conservation Fund at http://www.conservationfund.org/
© 2005 Pennsylvania Land Trust Association
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