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Frequently Asked Questions
- What is an agricultural conservation easement?
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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 current owners and future owners.
- How do I apply for an easement?
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The first step for landowners interested in preserving their land is to enroll the acreage in an Agricultural Security Area. The landowner must submit a petition to their local municipality to create or add to an ASA.
Next, the landowners 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 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 easement be subdivided?
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Wayne County Agricultural Land Preservation regulations may allow for limited subdivision of existing easements under the following circumstances only:
- 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.
- Subdivision of an existing easement on a case-by-case basis and at the discretion of the County Board, provided the landowners meet all the criteria in Chapter IX, Section 2 of the Wayne County Agricultural Land Preservation Program Regulations.
- What type of construction is allowed?
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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.