Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

7 Pa. Code § 138l.15. ASA located in more than one local government unit.

§ 138l.15. ASA located in more than one local government unit.

 There are four ways in which an ASA may be created or modified to contain land located in more than one local government unit as follows:

   (1)  The ASA proposal may be directed to the governing bodies of each of the affected local government units and approved in accordance with the process described in §  138l.31(b) and (c) (relating to adding land to an existing ASA).

   (2)  A parcel of farmland that straddles the boundary line between two local government units shall be automatically included in the ASA of one of those local government units if the other local government unit has not approved an ASA and the majority of the parcel’s viable agricultural land is within the local government unit seeking to create an ASA or add the parcel to an existing ASA, as described in §  138l.32 (relating to automatic inclusion of certain parcels bisected by the dividing line between local government units).

   (3)  A parcel of farmland that straddles the boundary line between two local government units shall be automatically included in the ASA if the majority of the parcel’s viable agricultural land is already in the ASA and an agricultural conservation easement is purchased with respect to the parcel, as described in §  138l.33 (relating to automatic inclusion of certain parcels bisected by the dividing line between local government units upon purchase of an agricultural conservation easement by certain entities).

   (4)  A parcel of farmland that straddles the boundary line between two counties shall be automatically included in the ASA of one of those counties if an agricultural conservation easement is purchased with respect to the parcel, as described in §  138l.34 (relating to automatic inclusion of certain parcels bisected by the dividing line between counties upon the purchase of an agricultural conservation easement by certain entities).



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