Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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7 Pa. Code § 138e.224. Construction of one additional residential structure.

§ 138e.224. Construction of one additional residential structure.

 (a)  General. In addition to the structures existing on the restricted land on the date of the granting of the easement, one additional residential structure may be constructed on the restricted land if the following apply:

   (1)  The residential structure is constructed and used as the landowner’s principal residence or for the purpose of providing necessary housing for seasonal or full-time farm employes.

   (2)  No other residential structure has been constructed on the restricted land, under authority of section 14.1(c)(6)(iv) of the act (3 P. S. §  914.1(c)(6)(iv)) and this section, after the date of the granting of the easement.

   (3)  The residential structure and its curtilage occupy no more than 2 acres of the restricted land.

 (b)  Replacement of structures. The replacement of a residential structure constructed under authority of section 14.1(c)(6)(iv) of the act and this section is permitted.

 (c)  Reservation of right to construct after subdivision. If the restricted land is subdivided prior to the construction of a residential structure under authority of section 14.1(c)(6)(iv) of the act and this section, the landowner shall do the following:

   (1)  Inform the county board of the specific subdivided tract with respect to which the right to construct and use such a residential structure is reserved.

   (2)  Ensure that the deed to the subdivided tract with respect to which the right to construct and use the residential structure is reserved clearly sets forth the reservation of this right.

   (3)  Ensure that the deeds to the remaining subdivided tracts recite that no residential structure may be constructed on the remaining subdivided tracts.

Source

   The provisions of this §  138e.224 amended November 24, 1995, effective November 25, 1995, 25 Pa.B. 5253; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6782. Immediately preceding text appears at serial page (202931).

   (Editor’s Note: The preceding section was amended under interim guidelines which will expire December 31, 1997, or earlier if replaced by regulations which have been promulgated, adopted and published as provided by law.)

Cross References

   This section cited in 7 Pa. Code §  138e.223 (relating to construction of buildings; changes in use).



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