Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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7 Pa. Code § 137b.15. Inclusion of farmstead land.

§ 137b.15. Inclusion of farmstead land.

 (a)  Farmstead land is an integral part of land in agricultural use, agricultural reserve or forest reserve. In considering whether land is in agricultural use, agricultural reserve or forest reserve, a county shall include any portion of that land that is farmstead land regardless of whether the farmstead land is entitled to preferential assessment under the act or this chapter.

 Example 1: A landowner seeks to enroll a 10-acre tract of land as agricultural use land. One acre of the 10-acre tract is comprised of farmstead land. All 10 acres of land shall be considered in determining whether the tract meets the 10 contiguous acres minimum acreage requirement for agricultural use land established in section 3(a)(1) of the act (72 P. S. §  5490.3(a)(1)).

 Example 2: A landowner seeks to enroll a 10-acre tract of land as agricultural reserve land. One acre of the 10-acre tract is comprised of farmstead land. All 10 acres of land shall be considered in determining whether the tract meets the minimum acreage requirement for agricultural reserve land established in section 3(a)(2) of the act.

 Example 3: A landowner seeks to enroll a 10-acre tract of land as forest reserve land. One acre of the 10-acre tract is comprised of farmstead land. All 10 acres of land shall be considered in determining whether the tract meets the minimum acreage requirement for ‘‘forest reserve’’ land established in section 3(a)(3) of the act.

 (b)  Farmstead land on agricultural use land shall be considered to be land that qualifies for preferential assessment under the act and this chapter.

 (c)  Farmstead land on agricultural reserve land shall only be considered to be land that qualifies for preferential assessment under the act and this chapter if at least one of the qualifications for preferential assessment in §  137b.51(g)(2)(i)—(iii) (relating to assessment procedures) has been met.

 (d)  Farmstead land on forest reserve land shall only be considered to be land that qualifies for preferential assessment under the act and this chapter if at least one of the qualifications for preferential assessment in §  137b.51(g)(3)(i)—(iii) has been met.

Authority

   The provisions of this §  137b.15 amended under section 11 of the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (72 P. S. §  5490.11).

Source

   The provisions of this §  137b.15 amended June 26, 2015, effective June 27, 2015, 45 Pa.B. 3311. Immediately preceding text appears at serial pages (276912) to (276913).



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