Agricultural Land Preservation

Agricultural Conservation Technician I
Kelse Brown ext. 3325
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Agricultural Conservation Easement Overview

The Schuylkill County Agricultural Land Preservation Board (SCALPB) oversees the Schuylkill County Farmland Preservation Agricultural Conservation Easement (ACE) Program through the staff of the Schuylkill County Conservation District Office. The Schuylkill County Farmland Preservation ACE Program is funded largely by the Commonwealth of Pennsylvania and the County of Schuylkill, used to purchase agricultural conservation easements in perpetuity. Easements prevent the development of the land for any other purpose other than agricultural production. Permanently preserving large clusters of farms helps ensure the future of agriculture in Schuylkill County.

Landowners submit applications to the Schuylkill Conservation District office on a voluntary basis by December 31st of any given year. Applications must meet minimum criteria. Each year, after the deadline, all applications that meet the minimum criteria are scored and ranked according to the Land Evaluation and Site Assessment (LESA) ranking system. Points are awarded based on soil quality and site factors designed to evaluate development pressures, productivity of a farm, and the ability to create clusters of protected farmland. Applications are selected for the program based on the ranking order and the amount of available funding.

Funding for the Farmland Preservation ACE Program is typically allocated on a yearly basis. The State and County compensate landowners at the settlement of the agricultural conservation easement based on appraisal values and maximum payments per acre. The easements are legal documents restricting the land to agricultural production and are recorded at the Schuylkill County Recorder of Deeds Office. The easements remain with the farm as the property changes ownership, and the terms must be attached to any future property deeds, thereby protecting the land in perpetuity. Inspections are conducted at least biennially to ensure compliance with the deed of easement.

Through the Agricultural Land Preservation Program, the Schuylkill Conservation District works with local farmers, Schuylkill County Commissioners, and Pennsylvania Department of Agriculture’s Bureau of Farmland Preservation, to help preserve farmland in Schuylkill County.

By voluntarily selling or donating agricultural conservation easements, the landowner prevents development of the land for purposes other than agricultural production, while retaining ownership.

Landowners who prefer a non-profit approach to preserving agricultural lands may contact the Schuylkill Conservancy, WeConservePA, Berks Nature, or Wildlands Conservancy.

Additional information includes: the Program Guidelines, an application form, Agricultural Security Area Form, frequently asked questions, farmland preservation information brochure, and a sample deed of agricultural conservation easement. Please contact the Schuylkill County Conservation District Office at: Schuylkill County Conservation District, 1206 Ag Center Drive, Pottsville, Pennsylvania, 19701 or call (570) 622-3742 ext. 3325 if you have questions or would like printed copies of the materials.

Schuylkill County Agricultural Land Preservation Board

Board Members - The SCALPB is a nine-member board appointed by the Schuylkill County Commissioners. Board members serve a three-year term.

Purpose - The SCALPB was established to administer the Farmland Preservation Agricultural Conservation Easement (ACE) Program for Schuylkill County as set forth in the Agricultural Area Security Law (3 P.S. §§ 901-915) as amended, and any other public program approved by the Schuylkill County governing body for the purpose of preserving agricultural land.

Background- The Schuylkill County Agricultural Land Preservation Board (SCALPB) has been protecting farmland since 1990 through the purchase of agricultural conservation easements. Agricultural easements limit the activity to agriculture and remain with the property deed in perpetuity. The SCALPB is a nine-member board appointed by the County Commissioners and is responsible for the purchasing and stewardship of agricultural conservation easement in Schuylkill County through the Agricultural Land Preservation Program. The SCALPB is assisted by the staff of the Schuylkill County Conservation District.

The current list of Schuylkill County Agricultural Land Preservation Board members include:

Keith Masser, Chairman
Kent Heffner, Vice Chairman
Stanley Fidler
James Hepler
Glenn Hetherington
Bill Wehry
Russel Schnoke
John Halabura
Harold Marks

Agricultural Security Areas (ASA)

Act 43 authorizes townships to create Agricultural Security Areas (ASAs) on a voluntary basis. A minimum of 250 acres is needed to establish an ASA and a minimum of 500 acres is needed for that land enrolled in the ASA to be eligible for the ACE Program. An ASA may be increased at any time. Landowners simply need to submit an enrollment form to the township office.

Landowners are encouraged to enroll farmland in an ASA that offers three benefits:

1) Protection from condemnation or eminent domain

2) Protection from local nuisance ordinances

3) Eligibility for the Farmland Preservation Agricultural Conservation Easement Program

To access the ASA enrollment form, click here.

The Ag Security Area (ASA) enrollment form should be filled out, signed, and submitted to your township to enroll in their ASA, along with a property map. The Schuylkill County Conservation District Agricultural Program Coordinator can also assist with preparing the form and map. Please contact your township to determine if they have a specific enrollment period.

Additional information regarding Agricultural Security Areas can be found by clicking here, or by going to the Pennsylvania Department of Agriculture website.

Summary of Procedures

Schuylkill County Farmland Preservation Agricultural Conservation Easement (ACE) Program.
This is a summary of the procedures for the easement purchase. Further details can be found in the Schuylkill County Farmland Preservation Program Guidelines.

Please Note: The Schuylkill County Farmland Preservation Agricultural Conservation Easement Program is a legal and financial document. Landowners should consult with their attorney and/or accountant.

Landowners voluntarily submit an application to the Schuylkill County Farmland Preservation Agricultural Conservation Easement (ACE) Program by December 31st of any given year to be considered for the program the following year. There is no charge to submit an application to the program and there is no commitment to proceed if the application is selected.
Applications are reviewed to ensure that minimum criteria are met.
Applications that meet the minimum criteria are ranked using the LESA Ranking System based on the material submitted by December 31st. The ranking begins after the application deadline and is typically completed within three to four months. Upon completion of the ranking, applications are selected in the order in which they were ranked, highest to lowest, based on the amount of available funding.
When an application is selected, the landowner(s) are required to submit a $2,500 security deposit along with an appraisal initial request to proceed with preservation. The security deposit is returned at settlement provided that the landowner(s) convey an agricultural conservation easement.
After the deposit is received, a meeting with the landowner(s) is conducted to review the property and discuss any conservation planning needs.
The Schuylkill County Agricultural Land Preservation Board acquires a title report to ensure the easement purchase is conveyed in clear title and that there are no restrictions inconsistent with the terms of the easement.
An appraisal is prepared for each selected application to determine the value of the agricultural conservation easement. The value of the easement is equal to the difference between the open market value and the agricultural value of the farm.
The County Board reviews each appraisal and authorizes a per acre offer to purchase an agricultural conservation easement. The offer may not exceed but may be less than the appraised value of the easement. The County Board may impose a maximum payment per acre, otherwise referred to as a “cap.” The current cap for Schuylkill County is set at $2,000 per acre. The landowners can choose whether to accept the offer.
After the landowners accept an offer, the County Office proceeds with obtaining a survey of the property. The Farmland Preservation Agricultural Conservation Easement Program pays for the survey.
The County Office requests additional documentation, as required, including a conservation plan that meets the requirements of the program.
After determination of final easement acreage through a survey, an Agreement of Sale is executed, which specifies the final easement purchase price (final acreage multiplied by the accepted price per acre) and method of payment. Payment methods include a lump sum payment, Like-Kind Exchange, or installment payments between 2-5 years as determined by the landowners.
A recommendation is submitted to the PA Bureau of Farmland Preservation. The Bureau reviews the application and recommends the application for approval to the State Board.
Settlement for the easement is typically held about four months after State Board approval. Once the funds become available. The landowners sign the Deed of Agricultural Conservation Easement and Conservation Plan Agreement and receive financial compensation for conveying the easement. The Deed of Agricultural Conservation Easement and Conservation Plan Agreement are recorded at the Schuylkill County Recorder of Deeds Office. The Deed of Easement must then be attached to and recorded with any subsequent property deed.
Farm inspections are performed at least biennially to ensure compliance with the easement.

Minimum Criteria

The land contained within an application shall meet all of the following minimum criteria:

Be located in an Agricultural Security Area (ASA) or meet the special provisions for parcels not entirely within an agricultural security area as outline in the Schuylkill County Farmland Preservation Program Guidelines.
Be contiguous acreage of at least 35 acres in size unless the tract is at least 10 acres in size and:
1. Is either utilized for a crop unique to the area; or
2. Is contiguous to a property that has a perpetual agricultural conservation easement in place under Act 43 or held by a “qualified conservation organization.”
Contain 50% of soils, which are available for agricultural production and are in capability classes I-IV, as defined by the USDA-Natural Resources Conservation Service (NRCS).
Contain the greater of 50% or 10 acres of harvested cropland, pasture, or grazing lands.

Note: an additional requirement for Federal Agricultural Conservation Easements includes acreage

***Failure to meet the minimum criteria set by the County Board will result in a rejection of the application. Landowners of applications that are rejected will be given written notice of the rejection along with an explanation of the reasons why the application was rejected. ***

FARMLAND PRESERVATION OPTIONS FOR LANDOWNERS - VIA WECONSERVEPA

We Conserve PA is a great resource for landowners to determine the best option for preserving their property. Please check out the link to their website here.

Page Updated ~ 05/01/2024