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Pennsylvania Farmland Preservation Programs and Initiatives. IRWA – February 24, 2010. Farmland Preservation Programs and Initiatives. Agricultural Security Area Program Pennsylvania Farmland Preservation Program (Easement Purchase Program) Agricultural Lands Condemnation Approval Board
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Pennsylvania Farmland Preservation Programs and Initiatives IRWA – February 24, 2010
Farmland Preservation Programs and Initiatives • Agricultural Security Area Program • Pennsylvania Farmland Preservation Program (Easement Purchase Program) • Agricultural Lands Condemnation Approval Board • Preferential Assessment of Farmland and Forestland – Clean and Green Program • Governor’s Executive Order 2003-2 • Local effective agricultural zoning laws
Agricultural Security Area Program • What is an ASA? • Enrollment at the municipal level • 3.5 million acres enrolled statewide • What are the benefits of enrolling? • Prerequisite for Farmland Preservation Program • Provides board oversight in certain cases of eminent domain • Protection against local nuisance ordinances
Farmland Preservation Program • Application at county level • Minimum criteria • Ranking • Appraisal • Landowner offer • State board approval • Settlement • Deed recording
Farmland Preservation Program Update – February 2010 • 3,964 farms • 432,054 acres • $1 billion investment • Leading state in the nation
Farmland Preservation Program permitted uses (utilities) • Granting of rights-of-way for lines for – • Water and sewer • Electric • Telephone • Coal by underground mining • Gas and oil • Oil products • Program pay-back for lands taken by eminent domain
Farmland Preservation Program permitted uses (mining) • Leases for underground mining, oil and gas • Development of “appurtenant facilities” related to removal of underground coal, oil and gas • Lessee should work with landowner to minimize impacts to agricultural operation
Agricultural Lands Condemnation Approval Board • Six member board oversees condemnation of productive agricultural lands and ASA lands • No prudent or reasonable alternative to proposed condemnation • Exemption for public utility projects that require PUC and FERC approval
Clean and Green Program • 8.5 million acres enrolled • Preferential assessment of farmland and forestland • Three categories of eligibility • Split-off, separation and transfers • Rural Enterprises • Rollback tax consequences • Condemnation and voluntary sale in lieu of condemnation
Clean and Green Program (continued) • Oil and gas exploration and drilling • Lack of uniformity from county to county • Senate Bill 298 • House Bill 1394
Governor’s Executive Order 2003-2 • Commonwealth funds shall not be used to convert the following farmlands when feasible alternatives exist: • Preserved farmland • ASA farmland • Clean and Green farmland • Ag zoned land • Prime farmland soils (classes I-IV)
Other farmland preservation “tools” • Effective Ag Zoning • Transfer of Development Rights
Douglas M. Wolfgang Director Pennsylvania Department of Agriculture Bureau of Farmland Preservation (717) 783-3167 dowolfgang@state.pa.us