1. Pennsylvania Farmland Preservation Programs and Initiatives IRWA – February 24, 2010

2. Farmland Preservation Programs and Initiatives Agricultural Security Area Program Pennsylvania Farmland Preservation Program (Easement Purchase Program) Agricultural Lands Condemnation Approval Board Preferential Assessment of Farmland and Forestland – Clean and Green Program Governor’s Executive Order 2003-2 Local effective agricultural zoning laws

3. Agricultural Security Area Program What is an ASA? –Enrollment at the municipal level –3.5 million acres enrolled statewide What are the benefits of enrolling? –Prerequisite for Farmland Preservation Program –Provides board oversight in certain cases of eminent domain –Protection against local nuisance ordinances

4. Farmland Preservation Program Application at county level Minimum criteria RankingAppraisal Landowner offer State board approval Settlement Deed recording

5. Farmland Preservation Program Update – February 2010 3,964 farms 432,054 acres $1 billion investment Leading state in the nation

7. Farmland Preservation Program permitted uses (utilities) Granting of rights-of-way for lines for – –Water and sewer –Electric –Telephone –Coal by underground mining –Gas and oil –Oil products Program pay-back for lands taken by eminent domain

8. Farmland Preservation Program permitted uses (mining) Leases for underground mining, oil and gas Development of “appurtenant facilities” related to removal of underground coal, oil and gas Lessee should work with landowner to minimize impacts to agricultural operation

9. Agricultural Lands Condemnation Approval Board Six member board oversees condemnation of productive agricultural lands and ASA lands No prudent or reasonable alternative to proposed condemnation Exemption for public utility projects that require PUC and FERC approval

10. Clean and Green Program 8.5 million acres enrolled Preferential assessment of farmland and forestland Three categories of eligibility Split-off, separation and transfers Rural Enterprises Rollback tax consequences Condemnation and voluntary sale in lieu of condemnation

11. Clean and Green Program (continued) Oil and gas exploration and drilling Lack of uniformity from county to county Senate Bill 298 House Bill 1394

12. Governor’s Executive Order 2003-2 Commonwealth funds shall not be used to convert the following farmlands when feasible alternatives exist: –Preserved farmland –ASA farmland –Clean and Green farmland –Ag zoned land –Prime farmland soils (classes I-IV)

13. Other farmland preservation “tools” Effective Ag Zoning Transfer of Development Rights

14. Douglas M. Wolfgang Director Pennsylvania Department of Agriculture Bureau of Farmland Preservation (717) 783-3167 dowolfgang@state.pa.us