(a) Factors to be considered.--
The following factors shall be considered by the planning commission, advisory committee, and at any public hearing:
(1) Land proposed for inclusion in an agricultural security area shall have soils which are conducive to agriculture. This factor will have been satisfied without further consideration if at least 50% in the aggregate of the land to be included in an agricultural security area falls into one of the following categories: land whose soils are classified in Soil Conservation Service Capability Classes I through IV, excepting IV(e); land which falls within the Soil Conservation Service classification of “unique farm land”; or land whose soils do not meet Capability Classes I through IV but which is currently in active farm use and is being maintained in accordance with the soil erosion and sedimentation plan applicable to such land.
(2) Use of land proposed for inclusion in an agricultural security area shall be compatible with local government unit comprehensive plans. Any zoning shall permit agricultural use but need not exclude other uses.
(3) The landowner may propose to include all of his land, regardless of zoning, in an agricultural security area.
(4) The land proposed for inclusion in the agricultural security area, and any additions which are proposed subsequently, shall be viable agricultural land.
(5) Additional factors to be considered are the extent and nature of farm improvements, anticipated trends in agricultural economic and technological conditions and any other matter which may be relevant.
(b) Resource materials.--
In considering the viability factors as set forth in this section, various resource materials shall be used, including, but not limited to, the following:
(1) Soil surveys of the Pennsylvania State University.
(2) Soil surveys and other information provided by the National Cooperative Soil Survey.
(3) Soil survey maps prepared by the United States Soil Conservation Service.
(4) The United States census of agricultural categories of land use classes.
(5) Any other relevant published data, maps, charts, or results of soil or land use surveys made by any county, State or Federal agency.
1981, June 30, P.L. 128, No. 43, § 7, effective in 60 days. Amended 1988, Dec. 14, P.L. 1202, No. 149, § 1, effective in 60 days; 1994, Nov. 23, P.L. 648, No. 100, § 3, effective Jan. 1, 1995.
3 P.S. § 907, PA ST 3 P.S. § 907
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.