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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 6142 (September 30, 2023).

7 Pa. Code § 138e.202. Inspections.

§ 138e.202. Inspections.

   (Editor’s Note: Under section 2 of the act of June 24, 2013 (P. L. 60, No. 19), subsections (a)—(c) are abrogated.)

 (a)  The county board shall inspect all restricted land within the county at least annually to determine compliance with the applicable deed of easement. The first inspection shall be completed within 1 year of the date of easement sale, and shall be included in the annual report described in §  138e.203 (relating to annual report) no later than the first annual report following that 1-year period.

 (b)  Written notice of an inspection to be conducted under subsection (a) shall be mailed by certified mail to the owner at least 10 days prior to the inspection.

 (c)  An inspection conducted under subsection (a) shall be performed between the hours of 8 a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the Commonwealth, or a date and time agreeable to the county and the landowner.

 (d)  Within 10 days of conducting an inspection under subsection (a), the county board shall prepare a written inspection report setting forth the following information:

   (1)  The identification of the land inspected.

   (2)  The name of the owner of the farmland at the time the easement was originally acquired and the name of the current owner of the land inspected.

   (3)  A description of modifications in the number, type, location or use of any structures on the land since the date of the filing of the deed of easement.

   (4)  A description of deviations from the conservation plan observed on the restricted land.

   (5)  A statement of whether the provisions of the deed of easement are being observed.

   (6)  A statement indicating whether a structure permitted under section 14.1(c)(6)(iv) of the act (3 P. S. §  914.1(c)(6)(iv)) has been constructed on the restricted land and, if such a structure has been constructed, the month and year construction was completed and a description of the structure and its location on the land.

   (Editor’s Note: Under section 2 of the act of June 24, 2013 (P. L. 60, No. 19), subsection (e) is abrogated.)

 (e)  A copy of the inspection report shall be mailed by certified mail to the owner.

 (f)  The county board and the State Board may inspect the restricted land, jointly or severally, without prior notice if they have reasonable cause to believe that any provision of the easement has been or is being violated.


   The provisions of this §  138e.202 amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782; amended April 30, 2004, effective May 1, 2004, 34 Pa.B. 2421. Immediately preceding text appears at serial pages (239123) to (239124).

Cross References

   This section cited in 7 Pa. Code §  138e.21 (relating to inspection and enforcement of an easement).

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