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PA Bulletin, Doc. No. 04-1487

RULES AND REGULATIONS

Title 7--AGRICULTURE

DEPARTMENT OF AGRICULTURE

[7 PA. CODE CH. 138e]

Corrective Amendment to 7 Pa. Code § 138e.16(a)

[34 Pa.B. 4435]

   The Department of Agriculture has discovered a discrepancy between the agency text of 7 Pa. Code § 138e.16(a) (relating to minimum criteria for applications) as deposited with the Legislative Reference Bureau and the official text as published at 34 Pa.B. 2421, 2435 (May 1, 2004), and published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 356) (July, 2004) and as currently appearing in the Pennsylvania Code. When the amendments were published at 34 Pa.B. 2421, 2435, the text of paragraphs (3) and (4) in subsection (a) was inadvertently omitted.

   Therefore, under 45 Pa.C.S. § 901: The Department of Agriculture has deposited with the Legislative Reference Bureau a corrective amendment to 7 Pa. Code § 138e.16(a). The corrective amendment to 7 Pa. Code § 138e.16(a) is effective as of May 1, 2004, the date the defective official text was printed in the Pennsylvania Bulletin.

   The correct version of 7 Pa. Code § 138e.16 appears in Annex A.

Annex A

TITLE 7. AGRICULTURE

PART V-C. FARMLAND AND FOREST LAND

CHAPTER 138e. AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM

REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM

§ 138e.16. Minimum criteria for applications.

   (a)  The county program shall consider the quality of the farmland tract, including the USDA soil classification and productivity. The farmland tract shall:

   (1)  Be one or more of the following:

   (i)  Located in an agricultural security area consisting of 500 acres or more.

   (ii)  Bisected by the dividing line between two local government units, having the majority of its viable agricultural land within an agricultural security area of 500 acres or more and the remainder in another local government unit outside of an agricultural security area.

   (iii)  Bisected by the dividing line between the purchasing county and an adjoining county, having the land located in the purchasing county within an agricultural security area of 500 acres or more and the remainder in another county outside of an agricultural security area, and with respect to which one of the following applies:

   (A)  A mansion house is on the tract and located within the purchasing county.

   (B)  When the mansion house on the tract is bisected by the dividing line between the two counties, the landowner has chosen the purchasing county as the situs of assessment for tax purposes.

   (C)  When there is no mansion house on the farmland tract, the majority of the tract's viable agricultural land is located within the purchasing county.

   (2)  Be one or more of the following:

   (i)  Contiguous acreage of at least 50 acres in size.

   (ii)  Contiguous acreage of at least 10 acres in size and utilized for a crop unique to the area.

   (iii)  Contiguous acreage of at least 10 acres in size and contiguous to a property which has a perpetual conservation easement in place which is held by a ''qualified conservation organization,'' as that term is defined in section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. § 170(h)(3)).

   (3)  Contain at least 50% of soils which are both available for agricultural production and of land capability classes I--IV, as defined by the USDA-NRCS.

   (4)  Contain the greater of 50% or 10 acres of harvested cropland, pasture or grazing land.

   (b)  The county program may contain additional criteria to evaluate farmland tracts if the criteria are fair, objective, equitable, nondiscriminatory and emphasize the preservation of viable agricultural land which will make a significant contribution to the agricultural economy, and are approved by the State Board. For example, a county program might require crop yields from a farmland tract to meet or exceed county crop yield averages, or might require the farmland tract to generate annual gross receipts of a particular sum, or might require that structures and their curtilages not occupy more than a certain percentage of the total acreage of the farmland tract.

[Pa.B. Doc. No. 04-1487. Filed for public inspection August 13, 2004, 9:00 a.m.]


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