Wayne County Agricultural Land Preservation Program |
| What is an agricultural conservation easement? An agricultural conservation easement is a legally recorded voluntary agreement which restricts the development or improvement of the land for purposes other than agriculture. Easements are purchased in perpetuity only and all easement restrictions are binding upon the owner and future owners. How do I apply for an agricultural conservation easement? The first step for landowners interested in preserving their land is to enroll the acreage in an Agricultural Security Area (ASA). The landowner must submit a petition to their local municipality to create or add to an ASA. Next, the landowner must submit a completed application to the Wayne County Agricultural Land Preservation Board. If the application meets the minimum eligibility criteria, it will be ranked against all other eligible applications. A farm's rank is based on soil quality, farmland potential and the likelihood of the conversion of the land to non-agricultural uses. The submission of an application does not obligate the landowner, the County of Wayne or the Commonwealth of Pennsylvania. According to rank, the Wayne County Agricultural Land Preservation Board will then make an offer to purchase a conservation easement on the acreage. An independent appraiser appointed by the County Board determines the easement purchase price per acre. The price offered for the purchase of an easement may not exceed, but may be less than, the appraised per acre easement value. Can the eased land be subdivided? Wayne County Agricultural Land Preservation Regulations prohibit subdivision of existing easements, except for the subdivision of no more than two (2) acres for the construction of one additional residence and only if the construction cannot be accomplished by land development. All other subdivision is prohibited. Subdivision is the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. What type of construction is allowed? The construction of new farm buildings and fences for agricultural use is permitted. The construction of one new additional residential structure is permitted if the use is limited to the landowner's principle residence or housing for farm employees. What types of activities are allowed? The restricted land shall be used solely for agricultural production and other agricultural uses such as the production of field crops; fruits and vegetables; horticultural specialties including nursery stock and ornamental shrubs and flowers; livestock and livestock byproducts; timber, wood and other wood products derived from trees and aquatic plants and animals and their byproducts. Do I still own the land? Participants retain full ownership and control of their land and can sell or transfer their property. However, because there is an agricultural easement in place, all landowners must abide by the deed restrictions. How does the county know that the easement restrictions are being followed? Eased land will be inspected annually to determine compliance with the easement restrictions. Eased land may be inspected without prior notice if the County Board has reasonable cause to believe that any provision of the easement has been or is being violated. Violations, if not corrected, will be prosecuted in the Court of Common Pleas. |
| Frequently Asked Questions |
| Protecting and Preserving Pennsylvania's Farmland |
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