7 Pa. Code § 138e.241

Current through Register Vol. 54, No. 45, November 9, 2024

Section 138e.241 - Deed clauses

The Deed of Agricultural Conservation Easement delivered in connection with the purchase of an easement shall identify the owner of the farmland tract as grantor and either the Commonwealth or the county, or both, as grantee and contain the following provisions and additional, consistent provisions approved by the State Board:

(1) A granting clause stating:

NOW THEREFORE, in consideration of the sum. ______Dollars, the receipt and sufficiency of which is hereby acknowledged, Grantor does voluntarily grant, bargain and sell, and convey to the Grantee, its successors and assigns, and Grantee voluntarily accepts, an agricultural conservation easement in the subject land, under and subject to the act and the following terms and conditions:

(2) A clause restricting use of the land to specific permitted acts as follows:

Permitted Acts-During the term of the agricultural conservation easement conveyed herein, the subject land shall be used solely for the production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of such crops, livestock or livestock products if more than 50 percent of such processed or merchandised products are produced by the farm operator (hereinafter "agricultural production"). For purposes of this Deed, "crops, livestock and livestock products" include, but are not limited to:

(i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans;

(ii) Fruits, including apples, peaches, grapes, cherries and berries;

(iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms;

(iv) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers;

(v) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs;

(vi) Timber, wood and other wood products derived from trees; and

(vii) Aquatic plants and animals and their byproducts.

Except as permitted in this Deed, neither Grantor nor his agents, heirs, executors, administrators, successors and assigns, nor any person, partnership corporation or other entity claiming title under or through Grantor, or their agents, shall suffer, permit, or perform any activity on the subject land other than agricultural production.

Construction of buildings and other structures-The construction or use of any building or other structure on the subject land other than as existing on the date of the delivery of this Deed is prohibited except that:

(i) The erection of fences for agricultural production and protection of watercourses such as lakes, streams, springs and reservoirs is permitted.

(ii) The construction of one additional residential structure is permitted if:

(A) The residential structure is constructed and used as the landowner's principal residence or for the purpose of providing necessary housing for seasonal or full-time farm employes;

(B) No other residential structure has been constructed on the restricted land at any time since the granting of the easement;

(C) The residential structure and its curtilage occupy no more than 2 acres of the subject land, and;

(D) The location of the residential structure and its driveway will not harm the economic viability of the subject land for agricultural production.

(iii) The construction or use of any building or other structure for agriculture production, or the renovation or modification of an existing agricultural structure, is permitted, but the maximum building coverage may be restricted if the County Agricultural Conservation Easement Purchase Program approved by the State Board (hereinafter "county program") imposes such a restriction.

(iv) The replacement of a residential structure existing on the restricted land on the date of the granting of the easement is permitted if the preexisting residential structure is razed or removed and the replacement residential structure is erected within the curtilage of the residential structure it replaces.

(v) The renovation or modification of an existing residential structure, or an addition to an existing residential structure, is permitted if it would not increase the curtilage of the residential structure.

Subdivision-The subject land may be subdivided if subdividing will not : 1) Harm the economic viability of the subject land for agricultural production; or 2) Convert land which has been primarily devoted to agricultural use to some other use, unless the subdivision is for the purpose of the construction of a principal residence for the landowner or an immediate family member and the county program permits one tract to be created by subdivision for this purpose; or 3) Violate any provision of the county program. If the subject land is subdivided, the deed to the subdivided tract with respect to which the right to construct and use a residential structure is reserved shall clearly set forth the reservation of this right, and the deeds to all other parcels shall recite that no additional residential structure is permitted.

Utilities-The granting of rights-of-way by the Grantor, his heirs, executors, administrators, successors and assigns, or any person, partnership, corporation or other entity claiming title under or through Grantor in and through the subject land for the installation of, transportation of, or use of, lines for water, sewage, electric, telephone, coal by underground mining methods, gas, oil or oil products is permitted. The term "granting of rights-of-way" includes the right to construct or install such lines. The construction or installation of utility lines or facilities other than of the type stated in this paragraph is prohibited on the subject land.

Mining-The granting of leases, assignments or other conveyances or the issuing of permits, licenses or other authorization for the exploration, development, storage or removal of coal by underground mining methods, oil and gas by the owner of the subject land or the owner of the underlying coal by underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining methods, oil and gas, or the development of appurtenant facilities related to the removal of coal by underground mining methods, oil or gas development or activities incident to the removal or development of such coal, oil or gas are permitted.

Rural Enterprises-Customary part-time or off-season minor or rural enterprises and activities which are provided for in the county program are permitted.

Soil and Water Conservation-All agricultural production on the subject land shall be conducted in accordance with a conservation plan approved by the County Conservation District or the county board. Such plan shall be updated every 10 years and upon any change in the basic type of agricultural production being conducted on the subject land. In addition to the requirements established by the County Conservation District or the county board the conservation plan shall include an installation schedule and maintenance program and a nutrient management component which, when completely implemented, will improve and maintain the soil, water and related plant and animal resources of the land and require that:

(i) The use of the land for growing sod, nursery stock, ornamental trees, and shrubs does not remove excessive soil from the subject land; and

(ii) The excavation of soil, sand, gravel, stone or other materials for use in agricultural production on the land is conducted in a location and manner that does not harm the economic viability of the land for agricultural production.

(3) An enforcement clause stating that:

At intervals of no greater than 1 year the Grantee(s), its/their successor(s), assign(s) or designee(s) shall have the right to enter the subject land for the purpose of inspecting to determine whether the provisions of this Deed are being observed. Written notice of an inspection shall be mailed, by certified mail, to the Grantor, his heirs, executors, administrators, successors or assigns at least 10 days prior to the inspection. An inspection shall be conducted between the hours of 8 a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the Commonwealth of Pennsylvania or at a date and time agreeable to the county and the landowner.

Grantee(s), its/their successor(s), assign(s) or designee(s) shall also have the right to inspect the subject land at any time, without prior notice, if it/they has/have reasonable cause to believe the provisions of this Deed have been or are being violated.

Grantor acknowledges that any violation of the terms of this Deed shall entitle Grantee(s), its/their successor(s), assign(s) or designee(s) to obtain injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor, his heirs, executors, administrators, successors or assigns to restore the subject land to the condition it was in prior to the violation, and recover any costs or damages incurred including reasonable attorney's fees. Such relief may be sought jointly, severally, or serially.

(4) A clause stating that: The easement is granted in perpetuity as the equivalent of a covenant running with the land.

(5) A clause stating that: Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor.

(6) A clause setting forth the obligation of the Grantor upon conveyance of the farmland tract as follows:

Conveyance Or Transfer of the Subject Land-Grantor, his heirs, executors, administrators, successors or assigns, and any person, partnership, corporation, or other entity claiming title under or through Grantor, shall, within thirty days of a change in ownership or within any lesser period prescribed in the county program, notify the county agricultural land preservation board and the Pennsylvania Department of Agriculture in writing of any conveyance of transfer of ownership of the subject land. Such notification shall set forth the name, address and telephone number of the Grantor and the party or parties to whom ownership of the subject land has been conveyed or transferred, and the price per acre or any portion thereof.

This obligation shall apply to any change in ownership of the subject land. Whenever interest in the subject land is conveyed or transferred to another person, the deed conveying or transferring such land shall recite in verbatim the language of the easement as set forth in this deed.

(7) A clause stating that: Terms and provisions of this deed shall be interpreted in accordance with the provisions of the Agricultural Area Security Law, the regulations at 7 Pennsylvania Code Chapter 138e and the county program.

(8) A habendum clause.

7 Pa. Code § 138e.241

The provisions of this §138e.241 amended December 26, 1997, effective 12/27/1997, 27 Pa.B. 6782.

This section cited in 7 Pa. Code § 138e.67 (relating to requirements of the agricultural conservation easement deed); 7 Pa. Code § 138e.91 (relating to recommendation for purchase); 7 Pa. Code § 138e.103 (relating to expenditure of matching funds); and 7 Pa. Code § 138e.255 (relating to State Board review of applications).