Pennsylvania Farmland Pennsylvania Farmland Preservation Programs and Preservation Programs and

InitiativesInitiatives

IRWA – February 24, 2010IRWA – February 24, 2010

Farmland Preservation Programs Farmland Preservation Programs and Initiativesand Initiatives

Agricultural Security Area ProgramAgricultural Security Area Program

Pennsylvania Farmland Preservation Pennsylvania Farmland Preservation Program (Easement Purchase Program)Program (Easement Purchase Program)

Agricultural Lands Condemnation Approval Agricultural Lands Condemnation Approval Board Board

Preferential Assessment of Farmland and Preferential Assessment of Farmland and Forestland – Clean and Green ProgramForestland – Clean and Green Program

Governor’s Executive Order 2003-2Governor’s Executive Order 2003-2

Local effective agricultural zoning lawsLocal effective agricultural zoning laws

Agricultural Security Area Agricultural Security Area Program Program

What is an ASA?What is an ASA?– Enrollment at the municipal levelEnrollment at the municipal level– 3.5 million acres enrolled statewide3.5 million acres enrolled statewide

What are the benefits of enrolling?What are the benefits of enrolling?– Prerequisite for Farmland Preservation Prerequisite for Farmland Preservation

ProgramProgram– Provides board oversight in certain cases of Provides board oversight in certain cases of

eminent domain eminent domain – Protection against local nuisance ordinancesProtection against local nuisance ordinances

Farmland Preservation ProgramFarmland Preservation Program

Application at county levelApplication at county level

Minimum criteriaMinimum criteria

RankingRanking

AppraisalAppraisal

Landowner offerLandowner offer

State board approvalState board approval

SettlementSettlement

Deed recordingDeed recording

Farmland Preservation Program Farmland Preservation Program Update – February 2010Update – February 2010

3,964 farms3,964 farms

432,054 acres432,054 acres

$1 billion investment$1 billion investment

Leading state in the Leading state in the nationnation

Farmland Preservation Program Farmland Preservation Program permitted uses (utilities)permitted uses (utilities)

Granting of rights-of-way for lines for –Granting of rights-of-way for lines for –– Water and sewerWater and sewer– ElectricElectric– TelephoneTelephone– Coal by underground miningCoal by underground mining– Gas and oilGas and oil– Oil productsOil products

Program pay-back for lands taken by Program pay-back for lands taken by eminent domaineminent domain

Farmland Preservation Program Farmland Preservation Program permitted uses (mining)permitted uses (mining)

Leases for underground mining, oil and Leases for underground mining, oil and gasgas

Development of “appurtenant facilities” Development of “appurtenant facilities” related to removal of underground coal, oil related to removal of underground coal, oil and gasand gas

Lessee should work with landowner to Lessee should work with landowner to minimize impacts to agricultural operationminimize impacts to agricultural operation

Agricultural Lands Agricultural Lands Condemnation Approval BoardCondemnation Approval BoardSix member board oversees Six member board oversees condemnation of productive agricultural condemnation of productive agricultural lands and ASA landslands and ASA lands

No prudent or reasonable alternative to No prudent or reasonable alternative to proposed condemnationproposed condemnation

Exemption for public utility projects that Exemption for public utility projects that require PUC and FERC approvalrequire PUC and FERC approval

Clean and Green ProgramClean and Green Program

8.5 million acres enrolled8.5 million acres enrolled

Preferential assessment of farmland and Preferential assessment of farmland and forestlandforestland

Three categories of eligibilityThree categories of eligibility

Split-off, separation and transfersSplit-off, separation and transfers

Rural EnterprisesRural Enterprises

Rollback tax consequencesRollback tax consequences

Condemnation and voluntary sale in lieu of Condemnation and voluntary sale in lieu of condemnationcondemnation

Clean and Green Program Clean and Green Program (continued)(continued)

Oil and gas exploration and drillingOil and gas exploration and drilling

Lack of uniformity from county to countyLack of uniformity from county to county

Senate Bill 298Senate Bill 298

House Bill 1394House Bill 1394

Governor’s Executive Order 2003-2Governor’s Executive Order 2003-2

Commonwealth funds shall not be used to Commonwealth funds shall not be used to convert the following farmlands when convert the following farmlands when feasible alternatives exist:feasible alternatives exist:– Preserved farmlandPreserved farmland– ASA farmlandASA farmland– Clean and Green farmlandClean and Green farmland– Ag zoned landAg zoned land– Prime farmland soils (classes I-IV)Prime farmland soils (classes I-IV)

Other farmland preservation Other farmland preservation “tools”“tools”

Effective Ag ZoningEffective Ag Zoning

Transfer of Development RightsTransfer of Development Rights

Douglas M. Wolfgang Douglas M. Wolfgang DirectorDirector

Pennsylvania Department of AgriculturePennsylvania Department of Agriculture

Bureau of Farmland PreservationBureau of Farmland Preservation

(717) 783-3167(717) 783-3167

dowolfgang@state.pa.usdowolfgang@state.pa.us