Revised - December 1996
Revised - December 1995
Revised - December 1987
Revised - May 1984

Agricultural Preserve Board:

Resolution No. of 1995

On motion of commissioner _________________, seconded by Commissioner ______________;

WHEREAS, The Board of County Commissioners has approved new program guidelines for the County Agricultural Preserve Board; and

WHEREAS, The guidelines call for the Agricultural Preserve Board to prepare a map identifying the important agricultural areas of the County; and

WHEREAS, Such a map is necessary for approval of the Agricultural Preserve Board's guidelines by the State Farmland Protection Board; and

WHEREAS, This map shall include: Designated Agricultural Security Areas, Land zoned for Effective Agricultural Use, Land planned for Agriculture in the County Comprehensive Plan or Township Comprehensive Plan, and Prime Soils and Farmland of Statewide Importance, SC. Class I, II, and III.

NOW, THEREFORE, BE IT RESOLVED BY THE LANCASTER COUNTY BOARD OF COMMISSIONERS,

The map of important agricultural areas is hereby adopted, as amended.

Board of County Commissioners of Lancaster County, Pennsylvania

James E. Huber, Chairman

Terry L. Kaufmann, Vice Chairman
Brad S. Fischer

I. Statement of Purpose

Introduction

Lancaster county is blessed with some of the most productive agricultural land in the nation. The combination of soils, climate, cultural heritage, market proximity, work ethic, and infrastructure for agriculture have contributed to both exceptional productivity and stewardship of the land. Lancaster County is the leading agricultural county not only in Pennsylvania, but in the entire Northeast as well. As the heart of Pennsylvania Dutch country, Lancaster County's agriculture provides a cherished way of life, occupies beautiful landscape, and is a major factor in the county's economic vitality.

Lancaster County is also a growing metropolitan area. Lancaster city and the outlying towns are attractive and pleasant places to live and work.

Much of the growth and development, which has taken place to meet the demands of an expanding population, has occurred on prime agricultural soils which were once farmland.

The conversion of farmland has occurred most extensively in the fertile limestone valley surrounding Lancaster City but has also happened in scattered development in all areas of Lancaster County.

Objectives

Lancaster County's population is expected to rise to over 550,000 by 2010 compared to 422,000 in 1990. To accommodate these additional people, townships and boroughs have been adopting urban growth boundaries. And 39 of 41 townships have adopted effective agricultural zoning ordinances to keep development away from areas best suited for agricultural uses.

The preservation of Lancaster County's best agricultural land in a manner which directs and accommodates growth and development, is of very high priority to the people of Lancaster County. Currently 320,000 acres are zoned for effective agriculture.

Purpose

It is the purpose of this program to protect viable agricultural land by acquiring agricultural conservation easements. Agricultural conservation easements prevent the development or improvement of the land for any purpose other than agricultural production, and allow related agricultural activities. Further, it is the purpose of this program to:

• Encourage landowners to make a long-term commitment to agriculture by offering them financial incentives and the security to farm;
• Protect normal farming operations in Agricultural Security Areas from incompatible non-farm land uses that may render farming impracticable;
• Protect farming operations from complaints of public nuisance against normal farming operations;
• Assure permanent conservation of viable agricultural lands in order to protect the agricultural economy of this Commonwealth;
• Provide compensation to landowners in exchange for their relinquishment of the right to develop their private property;
• Allocate County agricultural easement purchase funds and protect the investment of taxpayers in agricultural conservation easements.

The Lancaster County Board of Commissioners in 1980 appointed a nine member Agricultural Preserve Board to develop and administer a voluntary Deed Restriction program to preserve selected areas of the County's best agricultural land. The County Commissioners reestablished the Agricultural Preserve Board in 1989 according to the provisions of Pennsylvania Act 149 to advise the Commissioners on the purchase of conservation easements and on other matters involving farmland preservation.

These Program Guidelines represent the policies, sample documents, and procedures to be used in accomplishing a monumental task, enabled by Pennsylvania Act 442 of 1968, by Pennsylvania Act 43 of 1981 (7 PA Code, Section 138.1), as amended, and by Act 149 of 1988 (3PS, Section 901 et seq.), as amended.

The conservation easement program is designed to maximize landowner options, to provide new avenues for formalizing a commitment to agriculture, and to target preservation efforts to the best land in accordance with sound land use planning.

II. Agricultural Security Areas

A. Intent.

Agricultural Security Area designation is intended, in the long-term, to result in a more permanent and viable agriculture. Agricultural Security Areas are created by municipal governments according to the procedures established in Act 149 of 1988, as amended. Agricultural Preserves and Agricultural Areas established by Lancaster County prior to Act 149 shall be known as Agricultural Security Areas as of February 13, 1989 and shall operate as such under Act 149.

The designation of an Agricultural Security Area in Lancaster County is intended to establish defined geographic areas of at least 250 acres which consist primarily of the most productive agricultural soils. Agricultural Security Areas will be afforded local priority for protection from incompatible Municipal, School District, County, State and Federal capital projects which may otherwise result in direct or indirect conversion of farmland. Agricultural Security Areas establish, through municipal policy, priority and preference for lawful agricultural uses and activities on land within the Agricultural Security Area in order to avert nuisance complaints and suits and to strengthen the applicability of existing right-to-farm legislation. Agricultural Security Area designation is a prerequisite for the expenditure of funds for conservation easements and other preservation interests in land, and Security Areas are eligible areas for the acceptance of conservation easements by donation.

B. Effect of Agricultural Security Area Designation.

The following will result from the establishment of an Agricultural Security Area:

• Conservation Easement Sale: The owner(s) of a qualified farm within a duly recorded Agricultural Security Area of at least 500 acres will be eligible to apply to sell a conservation easement to the Agricultural Preserve Board in perpetuity. Farms not within Agricultural Security Areas are ineligible.
• Right of first Refusal Agreement: The owner(s) of a qualified farm in the Agricultural Security Area will be eligible to file in the land records a Right of First Refusal Agreement with the Agricultural Preserve Board granting the right to purchase the farm, if it is being sold to other than a member of the immediate family or developed for non-agricultural purposes, for a price equal to any bona fide offer plus $1.00 or the appraised fair market value of the property. Farms not within Agricultural Security Areas are ineligible.
• Conservation Easement Donations: Qualified farmland within an Agricultural Security Area will be given priority for Agricultural Preserve board acceptance of conservation easements by donation in perpetuity. Farms not within Agricultural Security Areas are also eligible (See Section III, C.).
• Purchase and Resale: The Agricultural Preserve Board may purchase farms that are being sold within an Agricultural Security Area, place perpetual easements on them, and resell them.
• Protection From Public Capital Projects: Lancaster County will promote the protection of the continued agricultural use of land in Agricultural Security Areas, from Municipal, School District, County, State, and Federal capital projects which are not planned at the time of area establishment and which would result in the extensive, direct and/or indirect conversion of farmland resources.
• Normal Agricultural Activities: The following County policy is applicable to land in Agricultural Security Areas:

Normal agricultural activities and uses, conducted in a lawful manner, are preferred and priority activities in Lancaster County Agricultural Security Areas. This policy is intended to avert and to negate nuisance complaints and/or litigation which may otherwise arise from normal noise, dust, manure and other odors, the use of agricultural chemicals, and nighttime farming operations.

• Criteria for Designation are contained in Act 149, as amended.
• Procedures for Establishing Agricultural Security Areas, as delineated in Act 149, as amended.
• Modifications to Agricultural Security Areas as in Act 149, as amended.
• Appeals.

Decisions of the Township Supervisors in approving or denying the creation, termination, or modification of Agricultural Security Areas may be appealed to the County Court of Common Pleas by any aggrieved party, in the manner provided by law, within 30 days after such a decision or action.

C. Incorporation of Agricultural Areas.

All Agricultural Areas (Preserves) pre-existing the date of enactment of Act 149 of 1988 shall continue to exist as established Agricultural Security Areas under the effects and policies of Act 149, as provided for by law.

III. Conservation Easements -- Donations

A. Intent.

In order to preserve agricultural land within Agricultural Security Areas, it is the intent of the Lancaster County Agricultural Preserve Board and Board of County Commissioners to accept voluntary donations or bequest of conservation easements as easements in gross on a perpetual basis. Such grants or easement constituting restrictions on the use of land are designed to preserve and protect the agricultural and open space character of the land. Acceptance of conservation easements will be determined by the Agricultural Preserve Board and Commissioners through minimum eligibility criteria.

The donation of a perpetual conservation easement on qualified land may result in federal income tax benefits and other tax benefit to the grantors which will vary according to the nature and value of the property and the circumstances of the landowner(s).

B. Description.

A conservation easement is a legal document which is filed in the land records with the property deed, restricting the farm property to agricultural and directly associated uses. As an easement in gross, the restrictions are binding upon the owner and future owners. The Conservation easement carries with the land.

Lancaster County will accept only donations of perpetual conservation easements. Donated conservation easements are held by Lancaster County in perpetuity and the County is responsible for enforcing the deed restrictions contained in the conservation easement.

C. Minimum Eligibility Criteria.

Before Lancaster County can accept a donated conservation easement, the agricultural land must meet the following criteria:

Within an Agricultural Security Area: Farm properties must be:

• At least 10 acres in size; and
• In agricultural and open space use.

Outside of Agricultural Security Area: The Agricultural Preserve Board will consider each offer of a donation on a case-by-case basis on its individual merits considering such factors as the property's relation to adopted plans, zoning, surrounding land uses and development needs and potential. At minimum, farm properties must be:

• At least 25 contiguous acres of one of more parcels and,
• In agricultural and open space use, and
• Primarily consisting of productive agricultural soils (U.S.D.A. Soil Classifications I, II, and III).

Procedures for Acceptance Within an Agricultural Security Area:

• The Agricultural Preserve Board works with the landowner to develop an easement document.
• The Agricultural Preserve Board reviews the property for compliance with minimum eligibility criteria.
• The easement appraisal is initiated by the landowner to determine the value for federal income tax deductibility. The Agricultural Preserve Board will pay the costs of the appraisal subject to the donation being completed. The landowner shall reimburse the Agricultural Preserve Board for the costs of the appraisal, if the donation is not completed within one year.
• The Agricultural Preserve Board makes a recommendation to the County Commissioners to accept the conservation easement.
• The County Commissioners accept the conservation easement.
• Recordation of the conservation easement in the Office of the Recorder of Deeds.
• Agricultural Preserve Board assumes responsibility for on-going monitoring and conservation easement enforcement.

Outside of Agricultural Security Area:

• The Agricultural Preserve Board determines eligibility of the property.
• The Agricultural Preserve Board works with the landowner to develop an easement document.
• The easement appraisal is initiated by the landowner to determine the value for federal income tax deductibility. Under special circumstances, such as location and prime quality of the land, the Agricultural Preserve Board with approval of the Board of County Commissioners, may pay the costs of appraisals, on a case-by-case basis. The landowner shall reimburse the Agricultural Preserve Board for the cost of the appraisal, if the donation is not completed within one year.
• A public hearing is scheduled and held and adjoining property owners are notified of the easement to be accepted.
• The Agricultural Preserve Board makes a recommendation to the County Commissioners.
• The County Commissioners accept the conservation easement.
• Recordation of the conservation easement in the Office of the Recorder of Deeds.
• Agricultural Preserve Board assumes responsibility for on-going monitoring and conservation easement enforcement.

D. Sample Conservation Easement Document for a Donation

A sample perpetual easement document is available upon request.

 IV. Conservation Easements -- Sale
V. Right of First Refusal Agreements
VI. Purchase and Resale
VII. Agricultural Land Preservation Fund
VIII. Appendix

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