Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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7 Pa. Code § 138e.61. Application.

PROCEDURE FOR PURCHASING AN EASEMENT


§ 138e.61. Application.

 (a)  A separate application shall be required for each farmland tract offered for easement purchase. The application shall consist of a completed application form, locational maps and a soils report form. A copy of a soils report form is in Appendix B (relating to Form C Soils Report). If the county program contains minimum criteria for easement purchase that vary from those in §  138e.16 (relating to minimum criteria for applications), the application shall also include documentation to demonstrate the farmland tract meets these minimum criteria.

 (b)  The county board shall develop and make available to a county resident an application form which requires the following information:

   (1)  The printed name, address, telephone number and signature of all owners of the farmland tract.

   (2)  One of the following, as applicable:

     (i)   If the farmland tract is eligible to be considered for easement purchase under §  138e.16(a)(1)(i), the county, local government unit and agricultural security area in which the farmland tract is located.

     (ii)   If the farmland tract is bisected by a dividing line between two units of local government and is eligible to be considered for easement purchase under §  138e.16(a)(1)(ii), the county and local government units in which the farmland tract is located, the agricultural security area in which a portion of that farmland tract is located, a breakdown of the acreage proposed for easement purchase in each local government unit and a breakdown of the number of acres of viable agricultural land in the acreage proposed for easement purchase in each local government unit.

     (iii)   If the farmland tract is bisected by the dividing line between two or more counties and is eligible to be considered for easement purchase under §  138e.16(a)(1)(iii), the counties and local government units in which the farmland tract is located, the agricultural security area in which a portion of that farmland tract is located, and one of the following:

       (A)   If there is a mansion house on the farmland tract, an acknowledgement of this fact and a designation of the county in which the mansion house is located.

       (B)   If there is a mansion house on the farmland tract, and the mansion house is bisected by the dividing line between two or more counties, an acknowledgement of this fact and a designation of the county the landowner has chosen as the situs of assessment for tax purposes.

       (C)   If there is no mansion house on the farmland tract, an acknowledgement of this fact and a breakdown of the acreage proposed for easement purchase in each county and a breakdown of the number of acres of viable agricultural land in the acreage proposed for easement purchase in each county.

   (3)  The total acreage of the farm as shown on the deed or instruments of record.

   (4)  The number of acres in the farmland tract proposed for easement purchase.

   (5)  The street address of the farm, and directions from the nearest State route.

   (6)  The most current deed reference-book, volume and page-or other reference to the place of record of the deed. In the case of multiple deeds, numbers for all the deeds shall be provided.

   (7)  County tax map numbers, including tax parcel number, or account number of each parcel.

   (8)  The date of the conservation plan, if any, which has been approved by the county conservation district or county board.

   (9)  The date of any nutrient management plan.

   (10)  The name, address and telephone number of the person to be contacted to view the farmland tract.

 (c)  The applicant or the county board shall provide both of the following locational maps with the application:

   (1)  A United States Geological Survey topographical map or a portion of the map showing the location of the farmland tract, with the farmland tract boundaries clearly and correctly delineated and showing the location of acreage being excepted from the easement.

   (2)  A tax map or official map used for tax assessment purposes showing the farmland tract with all tax parcel numbers clearly indicated.

 (d)  The applicant or the county board shall provide a soils report and a color-coded soils map for the farmland tract proposed for easement purchase. The soils report shall also contain a list of soil mapping unit names, symbols and land capability classes on the farmland tract. The soils map shall use as a base soil survey maps published by the USDA-NRCS. A county with a digital mapping database system for soils may provide the soils map in digital form in an appropriate scale acceptable to the Department. The soils map shall color code soil types as follows:

 Land capability class I = Green

 Land capability class II = Yellow

 Land capability class III = Red

 Land capability class IV = Blue

 Land capability class V—VIII = Uncolored

 Wetlands = Cross-hatch, or shown on a separate map

 (e)  If the county program requires crop yield data or gross annual receipts to determine whether a farmland tract meets the county program’s minimum criteria for easement purchase, the applicant shall provide a production report for the farmland tract for the most recent crop year that comparable statistics are available from the Pennsylvania Agricultural Statistics Service (PASS).

Source

   The provisions of this §  138e.61 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 (239104) to (239105).

Cross References

   This section cited in 7 Pa. Code §  138e.19 (relating to purchasing procedures); and 7 Pa. Code §  138e.103 (relating to expenditure of matching funds).



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