Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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7 Pa. Code § 138e.222. Conservation plan.

§ 138e.222. Conservation plan.

 (a)  The county board shall require the owner of land being considered for agricultural conservation easement purchase to do the following:

   (1)  Before the county board recommends approval of the easement purchase to the State Board, obtain a conservation plan approved by the county conservation district or the county board for the land that would be subject to the agricultural conservation easement.

   (2)  As part of the settlement documents described in §  138e.93 (relating to postsettlement recording and reporting procedures), execute a conservation plan agreement form containing the following:

     (i)   The name, address and telephone number of the landowners.

     (ii)   The location of the land.

     (iii)   The acreage of the land.

     (iv)   An acknowledgement that the deed of agricultural conservation easement requires that all agricultural production on the subject land be conducted in accordance with the conservation plan.

     (v)   An acknowledgement that a conservation plan exists with respect to the land, together with the following:

       (A)   The source of the conservation plan (typically, the county conservation district).

       (B)   An identifying number given the conservation plan.

       (C)   The date of the conservation plan.

     (vi)   An acknowledgement that the landowners agree to comply with the conservation practices and implementation schedule in the conservation plan, and an acknowledgement that failure to so comply would be a violation of the terms of the deed of agricultural conservation easement.

     (vii)   The signature of the landowners.

 (b)  In addition to the requirements established by the county conservation district or the county board, the conservation plan shall meet the definitional requirement of a conservation plan in §  138e.3 (relating to definitions) and also require that:

   (1)  The use of the land for agricultural production, such as growing sod, nursery stock, ornamental trees and shrubs does not remove excessive soil from the restricted land.

   (2)  The excavation of soil, sand, gravel, stone or other materials for use in agricultural production on the restricted land is conducted in a location and manner that preserves the economic viability of the restricted land for agricultural production.

   (3)  The mining of minerals is conducted only through the use of methods authorized in the act.

Source

   The provisions of this §  138e.222 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 (239126) to (239127).

Cross References

   This section cited in 7 Pa. Code §  138e.93 (relating to postsettlement recording and reporting procedures); and 7 Pa. Code §  138e.103 (relating to expenditure of matching funds).



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