Subchapter C. ADDING LAND TO AN EXISTING ASA
Sec.
138l.31. Adding land to an existing ASA.
138l.32. Automatic inclusion of certain parcels bisected by the dividing line between local government units.
138l.33. Automatic inclusion of certain parcels bisected by the dividing line between local government units upon the purchase of an agricultural conservation easement by certain entities.
138l.34. Automatic inclusion of portions of certain parcels bisected by the dividing line between counties upon the purchase of an agricultural conservation easement by certain parties.§ 138l.31. Adding land to an existing ASA.
(a) Adding land to an ASA located entirely within the same local government unit as the land proposed for inclusion. If an ASA is entirely contained within a single local government unit, land that is located within that same local government unit may be added to the ASA at any time, using the same process and procedure that is followed for the initial creation of an ASA, as set forth in this chapter.
(b) Adding land to an ASA located within two or more local government units, where the land proposed for inclusion lies entirely within the local government units in which the existing ASA is located. If an ASA is contained within two or more local government units, land that is located entirely within the local government units in which the ASA is located may be added to the ASA at any time, using the same process and procedure that is followed for the initial creation of an ASA, as set forth in this chapter.
(c) Adding land to an ASA where the land proposed for inclusion lies entirely outside the local government units in which the ASA is located. If an ASA is contained within one or more local government units, land that is located in a local government unit outside of a local government unit within which the ASA is located may be added to an ASA at any time, if the following apply:
(1) Prior to the submission of the proposal, the local government unit in which the land proposed for inclusion is located and each local government unit in which the existing ASA is located have adopted an ordinance or resolution allowing all of the land (including, at a minimum, both the land in the existing ASA and the land proposed for inclusion) to be part of a single ASA located within all of the local government units.
(2) The addition is made using the same process and procedure that is followed for the initial creation of an ASA, as set forth in this chapter.
(d) Minimum acreage requirement is inapplicable. Where land is proposed for inclusion into an existing ASA, it need not meet the minimum 250-acres-of-viable-agricultural-land requirement that is applicable to the initial formation of an ASA.
Example: Three parcels of farmland, totaling 120 acres of viable agricultural land, are proposed for inclusion into an existing ASA. The total acreage of the parcels proposed for inclusion does not have to meet the same 250-acres-of-viable-agricultural-land standard that was applicable to the initial formation of the ASA.
(e) Effect of addition of land to an existing ASA on the required 7-year review of the ASA. If land is added to an existing ASA, the added land shall be reviewed at the same time the original land undergoes its 7-year review as described in § 138l.51 (relating to 7-year review) or an interim review as described in § 138l.52 (relating to interim review).
Cross References This section cited in 7 Pa. Code § 138l.15 (relating to ASA located in more than one local government unit).
§ 138l.32. Automatic inclusion of certain parcels bisected by the dividing line between local government units.
If a parcel of farmland is bisected by the dividing line between two local government units, the entire parcel shall be automatically included in an ASA—whether in the initial creation of the ASA or by modification of an existing ASA—if the following apply:
(1) The two local government units are in the same county.
(2) The parcel meets the eligibility requirements for inclusion in an ASA.
(3) A proposal for creation or modification of an ASA has been submitted to the governing body of one of the local government units in which the parcel is located, as set forth in this chapter, seeking the following:
(i) In the case of a proposal for the creation of an ASA: the inclusion of the entire parcel in the ASA.
(ii) In the case of a proposal for the modification of an existing ASA, where no portion of the parcel is within that existing ASA: the inclusion of the entire parcel within the ASA.
(iii) In the case of a proposal for the modification of an existing ASA, where a portion of the parcel is part of the existing ASA: the inclusion of the remainder of the parcel within the ASA.
(4) A majority of the parcel’s viable agricultural land lies within the local government unit to which the proposal for creation or modification of an ASA has been submitted.
(5) The local government unit in which the minority of the parcel’s viable agricultural land is located has not approved the creation of an ASA within its borders.
(6) The governing body of the local government unit adopts a proposal for creation or modification of an ASA that includes—at a minimum—that portion of the parcel located within that government unit.
Cross References This section cited in 7 Pa. Code § 138l.15 (relating to ASA located in more than one local government unit); and 7 Pa. Code § 138l.21 (relating to effective date of the creation or modification of an ASA).
§ 138l.33. Automatic inclusion of certain parcels bisected by the dividing line between local government units upon the purchase of an agricultural conservation easement by certain entities.
(a) General. If a parcel of farmland is bisected by the dividing line between two local government units, and the portion of the parcel in one local government unit is within an ASA and the portion of the parcel in the other local government unit is not, the portion of the parcel that is not within an ASA shall be automatically included in the ASA if the following apply:
(1) A majority of the parcel’s viable agricultural land lies within the local government unit in which the ASA is located.
(2) An agricultural conservation easement is purchased by any of the following with respect to the parcel:
(i) The county.
(ii) The county and the Commonwealth, jointly.
(iii) The county and a local government unit, jointly.
(iv) The county, the Commonwealth and a local government unit, jointly.
Example: A 100-acre parcel of farmland is comprised of 80 acres in Township A and 20 acres in Township B. The 80-acre portion of the parcel is within an ASA established by Township A. The majority of the parcel’s viable agricultural land is in Township A. The county purchases an agricultural conservation easement with respect to the parcel. Under these facts, as of the purchase of the agricultural conservation easement the 20-acre portion of the parcel located in Township B becomes part of the ASA covering the 80-acre portion of the parcel.
(b) Exception. Subsection (a) does not apply with respect to agricultural conservation easement purchases made solely by the Commonwealth.
Cross References This section cited in 7 Pa. Code § 138l.15 (relating to ASA located in more than one local government unit); and 7 Pa. Code § 138l.21 (relating to effective date of the creation or modification of an ASA).
§ 138l.34. Automatic inclusion of portions of certain parcels bisected by the dividing line between counties upon the purchase of an agricultural conservation easement by certain parties.
(a) General. If a parcel of farmland is bisected by the dividing line between two counties, and the portion of the parcel in one county is within an ASA and the portion of the parcel in the other county is not, the portion of the parcel that is not within an ASA shall be automatically included in the ASA if the following apply:
(1) One of the following applies:
(i) There is a mansion house on the parcel of farmland, and it is located in the county within which the existing ASA is located.
(ii) There is a mansion house on the parcel of farmland, and the mansion house is bisected by the dividing line between the two counties. The landowner has designated the county within which the ASA is located as the situs of assessment for tax purposes.
(iii) There is no mansion house on the parcel of farmland, but the majority of the parcel’s viable agricultural land lies within the existing ASA.
(2) An agricultural conservation easement is purchased by any of the following with respect to the parcel:
(i) The county.
(ii) The county and the Commonwealth, jointly.
(iii) The county and a local government unit, jointly.
(iv) The county, the Commonwealth and a local government unit, jointly.
Example 1: A parcel of farmland straddles the boundary line between County A and County B. The portion of the parcel in County A is in an ASA. There is no mansion house on the parcel. The majority of the parcel’s viable agricultural land is in County A. County A purchases an agricultural conservation easement with respect to the entire parcel. Under these facts, as of the purchase of the agricultural conservation easement the portion of the parcel in County B becomes part of the ASA in which the remainder of the parcel is located.
Example 2: A parcel of farmland straddles the boundary line between County A and County B. There is a mansion house on the parcel, and it is located in County A. County A purchases an agricultural conservation easement with respect to the entire parcel. Under these facts, as of the purchase of the agricultural conservation easement the portion of the parcel in County B becomes part of the ASA in which the remainder of the parcel is located.
Example 3: A parcel of farmland straddles the boundary line between County A and County B. There is a mansion house on the parcel, and it straddles the dividing line between County A and County B. County A is the situs of the mansion house for tax purposes. County A purchases an agricultural conservation easement with respect to the entire parcel. Under these facts, as of the purchase of the agricultural conservation easement the portion of the parcel in County B becomes part of the ASA in which the remainder of the parcel is located.
(b) Exception. Subsection (a) does not apply with respect to agricultural conservation easement purchases made solely by the Commonwealth.
Cross References This section cited in 7 Pa. Code § 138l.15 (relating to ASA located in more than one local government unit); and 7 Pa. Code § 138l.21 (relating to effective date of the creation or modification of an ASA).
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