Title 7—AGRICULTURE DEPARTMENT OF AGRICULTURE [ 7 PA. CODE CH. 137b ] Corrective Amendment to 7 Pa. Code § 137b.24 [45 Pa.B. 4904]
[Saturday, August 22, 2015]The Department of Agriculture (Department) has discovered a discrepancy between the agency text of 7 Pa. Code § 137b.24 (relating to ineligible land) as deposited with the Legislative Reference Bureau and the official text as published at 31 Pa.B. 1701 (March 31, 2001), as currently appearing in the Pennsylvania Code. A reference to ''ineligible land'' was incorrectly published as ''eligible land.''
Therefore, under 45 Pa.C.S. § 901: the Department has deposited with the Legislative Reference Bureau a corrective amendment to 7 Pa. Code § 137b.24. The corrective amendment to 7 Pa. Code § 137b.24 is effective as of March 31, 2001, the effective date of adoption of this section.
The correct version of 7 Pa. Code § 137b.24 appears in Annex A.
Annex A TITLE 7. AGRICULTURE PART V-C. FARMLAND AND FOREST LAND CHAPTER 137b. PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT ELIGIBLE LAND § 137b.24. Ineligible land.
A landowner seeking preferential assessment under the act shall include ineligible land on the application if the ineligible land is part of a larger contiguous tract of eligible land, and the use of the land which causes it to be ineligible exists at the time the application is filed. Although this ineligible land may not receive preferential assessment, the applicant shall specify the boundaries and acreage of the ineligible land, and may not expand the boundaries beyond those identified in the initial application. A landowner will not be required, as a condition of county acceptance or approval of the application, to survey or redeed the tract so as to exclude the ineligible land.
Example: A landowner owns a 100-acre tract of land, 90 acres of which is productive farmland and 10 acres of which is occupied by an auto salvage yard. If the landowner seeks preferential assessment of the 90 acres of farmland, the application shall describe the entire 100-acre tract. If preferential assessment is granted, it will apply to the 90 acres of farmland. The 10-acre tract would continue to be assigned its fair market value and assessed accordingly.
[Pa.B. Doc. No. 15-1534. Filed for public inspection August 21, 2015, 9:00 a.m.]
