Did you Know ? PAs CLEAN & GREEN LAW

[jeff of pa]

Did you Know ? PA's CLEAN & GREEN LAW

in Penna. that if you have
your
land in "Clean & Green" you must allow recreational access to your landunless you can provide a valid excuse for denying useage. And farming
is not
a valid reason. Recreational access would include hunting, fishing,
horseback riding, hiking, etc. For those who are not familar with
"Clean &
Green" program in PA., its a substantial property tax break for anyone
owning more than 10 acres and registering with the program. If the land
is
ever sub−divided, the taxes that were saved throughout the years, must
be
made up at the time of sub−division. It purpose was to encourage land
preservation.
Commonwealth of Pennsylvania v. Janice Haagensen
In December 3, 2001, Pennsylvania attorney Jan Haagensen spoke to two
hunters who were hunting on a road adjacent to her property, in order
to prevent them from trespassing on her property. Ms. Haagensen she was
charged with criminal harassment under Pennsylvania's "Hunter
Harassment Statute."
The statute was originally passed to protect recreational hunters from
interference by the animal protection movement;

http://newsgroups.derkeiler.com/pdf/Archive/Misc/misc.legal/2006-12/msg00181.pdf

 

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[dogpound]

Re: Did you Know ? PA's CLEAN & GREEN LAW

that is great info to know, is there a link as to properties that participate in the "clean and green" act.

 

[jeff of pa]

Re: Did you Know ? PA's CLEAN & GREEN LAW

I Believe the Schuylkill county Parcel Locator lists if a site Participates

This List from Allegheny County Lists Theirs

http://www.alleghenycounty.us/opa/AgResv.pdf

You may have to Search Specifically for your County

 

[DKinPA]

Re: Did you Know ? PA's CLEAN & GREEN LAW

Jeff, I think there might be some confusion in your interpretation. There is a special type of land called "agricultural reserve" that is made available for public use....not ALL clean and green property falls under this classification. My Brother-in-Law's farm is in clean and green and is still considered private property and trespassing is not allowed.

Here's an out take from the law regarding the agricultural reserve status:

§ 137b.64. Agricultural reserve land to be open to the public.

(a) General. An owner of enrolled land that is enrolled as agricultural reserve land shall allow the land to be open to the public for outdoor recreation or the enjoyment of scenic or natural beauty without charge or fee, on a nondiscriminatory basis. Enrolled land that is in agricultural use or forest reserve is excluded from this requirement.

(b) Actual use by public not required. Enrolled land that is enrolled as agricultural reserve land need not actually be used by the public for the purposes described in subsection (a) to continue to receive a preferential assessment. It shall, however, be available for use for those purposes.

(c) Reasonable restrictions on use allowed. A landowner may place reasonable restrictions on public access to enrolled land that is enrolled as agricultural reserve land. These restrictions might include limiting access to the land to pedestrians only, prohibiting hunting or the carrying or discharge of firearms on the land, prohibiting entry where damage to the land might result or where hazardous conditions exist, or other reasonable restrictions.

(d) Entry upon the agricultural reserve land. A person shall, whenever possible, notify the landowner before entering upon enrolled land that is enrolled as agricultural reserve land. The landowner may deny entry when damage to the property might result. The landowner can prohibit entry to areas of the agricultural reserve land upon prior notification to the county assessor of the existence of a hazardous condition on that land. The landowner’s reasons to deny entry to the land shall be based upon fact and be acceptable to the county assessor.

Am I reading this right?? Correct me if I'm wrong but I know there have been people arrested for trespassing on my Brother-in-law's farm in the past.

Dave

 

[jeff of pa]

Re: Did you Know ? PA's CLEAN & GREEN LAW

I don't know. I Still read it as, if
the person requests to use the land.
it must be allowed unless
damage will be done by it's use.

Enrolled land that is in agricultural use or forest reserve
is excluded from this requirement.

meaning If crops are Growing,
Naturally you can't damage it.
so that area would be out while the crops are there.

"forest reserve" is a New Word to Me.


as is "agricultural reserve"

(c) Reasonable restrictions on use allowed. A landowner may place reasonable restrictions on public access to enrolled land that is enrolled as agricultural reserve land. These restrictions might include limiting access to the land to pedestrians only, prohibiting hunting or the carrying or discharge of firearms on the land, prohibiting entry where damage to the land might result or where hazardous conditions exist, or other reasonable restrictions.

Either way I'm sure Trespassing is still trespassing if
you don't request Permission & Don't have alot of money
in a Good Lawyer

But Denial to all who ask
Could result in Fines & Removal From Clean & Green
IF Complaints come in & He has no Reasonable Excuse.

RERead
Ms. Haagensen was
charged with criminal harassment under Pennsylvania's "Hunter
Harassment Statute."

 

[DKinPA]

Re: Did you Know ? PA's CLEAN & GREEN LAW

The link for that story won't work for me. No where in the law do I find any penalty for not allowing access to the land though, where do you see that?

 

[jeff of pa]

Re: Did you Know ? PA's CLEAN & GREEN LAW

link is down for me right now also
Hopefully Temporary

 

[jeff741972]

Re: Did you Know ? PA's CLEAN & GREEN LAW

Intresting read, I have found getting on farms much easier south of us, seems like it's tough getting permission in our county, and carbon for that matter. I ran into that alot arrowhead hunting, seems like if there's anything on their land might be worth something, nobodys gonna get it, I surface hunted farm fields, there wouldn't be any damage. Never had a problem down the way.

 

[jeff of pa]

Re: Did you Know ? PA's CLEAN & GREEN LAW

OK Here

http://extension.psu.edu/scregion/C...ty Area_files/156 C&G Handout.Revised.02.pdf

Q. What are the main eligibility requirements to be approved for Clean
and Green?
A. There are 3 categories of use requirements from which you can choose:
Agricultural Use, Forest Reserve, and Agricultural Reserve.
• Agricultural Use. If your parcel has open, tillable land that is now
devoted to agricultural use, and has been for the preceding three years, it
will likely qualify for the Agricultural Use category.
• Forest Reserve. If you have forest land that is stocked with trees of any
size, and is capable of producing timber or other wood products, then it
will likely meet the requirements for Forest Reserve.
• Agricultural Reserve. If your land meets the minimum size criteria, but
not the Òuse criteriaÓ of the Agricultural Use, or Forest Reserve
categories, it may qualify as Agricultural Reserve. The Agricultural
Reserve category requires that open land be non-

I Got a headache trying to read
I Don't see actual penelties
Listed, except the one used to prevent Hunters
from Hunting.

But I would think at least loss of the tax Breaks
if you refuse to Comply.

this can be found here
The breakdown of states that require posting to exclude
hunters/fishermen/outdoorsmen is as follows:
Alaska, Arizona, Arkansas, California, Florida, Idaho, Louisiana,
Maine, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North
Dakota, Oklahoma, Pennsylvania, Rhode Island, Texas, Utah, Vermont,
Washington, West Virginia, Wisconsin
trespass violation cannot be enforced in
Pennsylvania, unless a land owner has placed NO TRESPASSING signs at
intervals not to exceed 50
feet around the entire property. The signs must be signed, dated, and
replaced annually. Signs must be placed on their own standard, not on
trees or posts.

http://newsgroups.derkeiler.com/pdf/Archive/Misc/misc.legal/2006-12/msg00181.pdf

Which apparently people don't realize

 

[jeff of pa]

Re: Did you Know ? PA's CLEAN & GREEN LAW

Here are PA's Trespassing laws

http://forum.pafoa.org/general-2/64770-pa-trespassing-laws.html

& Intresting Defenses


(c) Defenses.--It is a defense to prosecution under this section that:
(1) a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
(2) the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
(3) the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

 

[mikhen]

Re: Did you Know ? PA's CLEAN & GREEN LAW

I know this is an old post, but we live in an area that is zoned "agricultural preservation." We are surrounded by fields that are zoned AP and clean and green. And I can tell you, the majority of them are posted "no trespassing." There are 2 area I would love to check out, within 1/2 mile from my house, but can't seem to get any reply from the land owner.