top of page
0O5A9782 copy_edited.jpg
Shutterstock_2222889687 (7).png

WHAT IS AN AGRICULTURAL SECURITY AREA?

Agricultural Security Areas are intended to promote more permanent and viable farming operations over the long term by strengthening the farming community's sense of security in land use and the right to farm. Agricultural security areas are created by local municipalities in cooperation with individual landowners who agree to collectively place at least 250 acres in an agricultural security area.

Forms

ASA Handbook

ASA Regulation Law

4.5.24.png

ELIGIBLE PROPERTY

  • Noncontiguous farm parcels must be at least 10 acres in size, or have an anticipated yearly gross income of at least $2000 from agricultural production. The farm tracts needed to create a new 250 acre or larger agricultural security area do not have to be under the same ownership or even be located in the same municipality. The Agricultural Area Security Law (Act 43 of 1981) allows for the creation of joint municipality agricultural security areas.

  • The property must be viable agricultural land. Cropland, pasture, and woodland can all be included in an Agricultural Security Area.

  • Land proposed must have soils that are conducive to agricultural.  This factor will be automatically satisfied if at least 50% of the soils are classified in Classes I-IV or if the soil is currently in active farm use and is being maintained in accordance with a soil erosion and sedimentation plan.

  • The property must be zoned to permit agricultural uses, but does not need to be zoned to exclude other uses.

  • Additional factors to be considered are the extent and nature of farm improvements, anticipated trends in ag economic and technological conditions and any other relevant factors.

BENEFITS OF ENROLLING LAND

There are many benefits to enrolling land in an ASA:

  • An ASA designation is a prerequisite for eligibility in a county farmland preservation program. In counties that have established farmland preservation programs under theAgricultural Area Security Law, farms located in an ASA consisting of at least 500 acres may apply for the purchase of an agricultural conservation easement by the Commonwealth.

  •  Municipalities are not permitted to enact local laws or ordinances that would unreasonably restrict farm structures or farm practices within the ASA.

  •  Any municipal law or ordinance which defines or prohibits a public nuisance must exclude any agricultural activity or operation that uses normal farming practices within an ASA. This serves as a check against municipal ordinances that may unreasonably restrict agriculture.

  •  All Commonwealth agencies must encourage the maintenance of viable farming in ASAs.

  •  Generally, no Commonwealth agency which has powers of eminent domain may condemn land within an Agricultural Security Area that is being used for productive agricultural purposes (not including the growing of timber) unless prior approval has been obtained from the Agricultural Lands Condemnation Approval Board (ALCAB).

  •  The ASA designation does not restrict the use of the property by the farmer. The farmer or any subsequent owners may develop, sell, or subdivide the property in any manner authorized by local zoning and subdivision and land development regulations.

  •  The farmer is obligated to maintain the ASA status of the farm for seven years after the

        initial application. After the initial seven year period, the farmer may have the ASA designation          removed at any time by submitting a written request to the municipality.

  • The ASA designation will stay with the property when it is sold or subdivided. The only

        way a property can be removed from an ASA is through the action of the property owner

        or through a formal hearing process conducted by the municipality.

  •  The municipality may review the ASA every seven years or during the seven-year period

        if there has been significant change of use of the properties located within the ASA. The

        property owners of the ASA designated property must be notified in writing of the review.

        If the municipality fails to review the ASA at the seven-year interval, the ASA is

        automatically renewed for an additional seven years.

 

Having land enrolled in an Agricultural Security Area does not restrict a landowner's ability to use his or her property for non-agricultural development purposes.

​

​

bottom of page