§ 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) [Abrogated]. (Editor’s Note: Abrogated May 15, 2006 (P.L. 190, No. 46).)
(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.
Authority The provisions of this § 138e.16(a)(2) abrogated under section 7.1 of the act of May 15, 2006 (P.L. 190, No. 46).
Source The provisions of this § 138e.16 amended November 24, 1995, effective November 25, 1995, 25 Pa.B. 5253; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782; amended April 30, 2004, effective May 1, 2004, 34 Pa.B. 2421; corrected August 13, 2004, effective May 1, 2004, 34 Pa.B. 4435; § 138e.16(a)(2) abrogated May 15, 2006 (P.L. 190, No. 46). Immediately preceding text appears at serial pages (304959) to (304960).
Cross References This section cited in 7 Pa. Code § 138e.3 (relating to definitions); 7 Pa. Code § 138e.11 (relating to general requirements); 7 Pa. Code § 138e.15 (relating to farmland ranking system); 7 Pa. Code § 138e.42 (relating to review, certification and approval of a county program); 7 Pa. Code § 138e.61 (relating to application); 7 Pa. Code § 138e.62 (relating to evaluation of application); and 7 Pa. Code § 138l.1 (relating to definitions).
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