Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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7 Pa. Code § 138e.225. Subdivision of restricted land.

§ 138e.225. Subdivision of restricted land.

 (a)  Authority to prohibit subdivision. A county program may prohibit the subdivision of restricted land if the landowner can accomplish the construction and use of a principal residence or housing for seasonal or full-time farm employes in accordance with section 14.1(c)(6)(iv) of the act (3 P. S. §  914.1(c)(6)(iv)), under the applicable subdivision and land development ordinance, by a land development other than subdivision.

 (b)  Discretion to allow subdivision. A county program may allow the subdivision of restricted land, and may place restrictions or conditions upon subdivision.

 (c)  Preservation of economic viability for agricultural production. Subsection (b) notwithstanding, a county program may not permit a subdivision which would harm the economic viability of the farmland for agricultural production.

 (d)  Prevention of conversion to nonagricultural use; exception. Subsection (b) notwithstanding, a county program may not permit a subdivision which would convert land which has been devoted primarily to agricultural use to another primary use except that, without regard to this requirement, a county program may permit one tract to be created by subdivision for the purpose of the construction of a principal residence for the landowner or an immediate family member.

 (e)  Notice to landowner. A county board shall do at least one of the following:

   (1)  File its county program, or that portion setting forth prohibitions or restrictions with respect to subdivision of restricted land, at the Office of Recorder of Deeds for that county, and reference the place of filing of these prohibitions or restrictions in the deed of agricultural conservation easement.

   (2)  Recite the prohibitions or restrictions with respect to subdivision verbatim in the deed of agricultural conservation easement.

Source

   The provisions of this §  138e.225 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 (202932).

   (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.)



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