§ 7.303. Protected agricultural lands.
(a) The prime agricultural land to be protected under this subchapter includes lands:
(1) In active agricultural use (not including the growing of timber).
(2) Devoted to active agricultural use the preceding 3 years.
(3) Which fall into at least one of the categories of agricultural land in subsection (b).
(b) State agencies shall provide protection to prime agricultural land under this subchapter based upon the following levels of priority:
(1) Preserved farmland (highest priority). Preserved farmland includes lands that fit into one of the following categories:
(i) Farmland that is restricted to agricultural use by an agricultural conservation easement that has been recorded in the appropriate county land records office. These easements include:
(A) Easements owned by the Commonwealth or county, and township under the authority of the Agricultural Area Security Law (3 P.S. § § 901—915).
(B) Easements owned by any other ‘‘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)). Qualified conservation organizations may include pri-vate nonprofit land conservation organizations, in addition to local governments and State governments.
(ii) Farmland that is restricted to agricultural use by deed restrictions that have been imposed under the authority of the act of January 19, 1968 (1967) (P.L. 992, No. 442) (32 P.S. § § 5001—5013) and that have been recorded in the appropriate county land records office.
(2) Farmland in agricultural security areas (second highest priority). Farmland approved by local government units after public review and comment according to the procedures in the Agricultural Area Security Law.
(3) Farmland enrolled in the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (Clean and Green) (Act 319) programs or the act of January 13, 1966 (1965) (P.L. 1292, No. 515) (16 P.S. § § 11941—11947) (Act 515) programs (third highest priority). Farmland enrolled for preferential tax assessments as land in ‘‘agriculture use’’ (Act 319) or ‘‘farmland’’ (Act 515).
(4) Farmland planned for agriculture use and subject to effective agricultural zoning (fourth highest priority). Farmland designated for agricultural use in a comprehensive plan and zoning ordinance adopted in the Pennsylvania Municipalities Planning Code (53 P.S. § § 10101—70105) that delineates an area of agriculturally valuable soils and existing farms.
(5) Land capability Classes I, II, III and IV farmland and unique farmland (fifth highest priority). Land capability Classes I, II, III and IV farmland are mapped by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (formerly Soil Conservation Service) and published in county soil surveys. ‘‘Unique farmland’’ is defined by the USDA Natural Resources Conservation Service as land other than prime farmland that is used for the production of specific high value food and fiber crops. The USDA Natural Resources Conservation Service has established a mechanism under which unique farmland is identified and mapped by interested county committees.
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