Pennsylvania Statewide Rule
Pennsylvania Agricultural Zoning and ASA Protections
Key Facts
- Agricultural Area
- Agricultural Area Security Law at 3 P.S. Section 901 et seq.
- Asas Require
- ASAs require 250 contiguous acres minimum
- Designation Enables
- Designation enables conservation easement purchase
- Provides Extra
- Provides extra nuisance and ordinance protection
- Municipal Zoning
- Municipal zoning must accommodate agriculture
Summary
Pennsylvania protects agricultural land through Agricultural Security Areas under Act 43 of 1981 and the Agricultural Area Security Law, working alongside municipal zoning to limit development pressure on working farms.
Every municipality or political subdivision within which an agricultural security area is created shall encourage the continuity, development and viability of agriculture within such an area by not enacting local laws or ordinances which would unreasonably restrict farm structures or farm practices within the area in contravention of the purposes of this act unless such restrictions or regulations bear a direct relationship to the public health or safety.
Full Breakdown
Pennsylvania's Agricultural Area Security Law (Act 43 of 1981, codified at 3 P.S. Section 901 et seq.) authorizes the creation of Agricultural Security Areas (ASAs) of 250 contiguous acres or more proposed by landowners and approved by the municipality. ASA designation triggers heightened protection from nuisance suits, eligibility for purchase of agricultural conservation easements through county and state programs, and limits on local ordinances that would unreasonably restrict farming. Pennsylvania's Municipalities Planning Code requires townships to consider agriculture as a permitted land use in agricultural zoning districts, and the Act allows the Attorney General to challenge ordinances that conflict with these protections. ASA designation does not by itself preserve land in perpetuity, but it is the foundation for the state and county easement-purchase program.
Violations & Penalties
Municipal ordinances inconsistent with the Agricultural Area Security Law may be challenged and invalidated by aggrieved landowners or the Attorney General.
Frequently Asked Questions
How does Agricultural Security Area designation help farmers?
Can a township zone out agriculture entirely?
Sources
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