Current through Register Vol. 54, No. 49, December 7, 2024
Section 89.121 - Prime farmland investigation(a) The applicant shall contact the county office of the Natural Resources Conservation Service to determine whether lands within the area may be prime farmland.(b) Land shall not be considered prime farmland when the applicant can demonstrate one or more of the following: (1) The land has not been historically used as cropland;(2) The slope of the land is 10% or greater;(3) The land is not irrigated or naturally subirrigated;(4) Other factors exist, such as a very rocky surface, or the land is flooded during the growing season more than once in 2 years and the flooding has reduced the crop yields;(5) On the basis of a soil survey of the lands proposed to be affected by surface operations or facilities, there are no soil map units that have been designated prime farmland by the United States Natural Resources Conservation Service; or(6) The area disturbed is minimal in size (less than 5 acres) and has been or will be in use for an extended period of time (more than 10 years).(c) Lands containing soils which are not excluded under the criteria of subsection (b) shall be considered prime farmland.(d) The applicant shall submit the results of the investigation along with certification by the Natural Resources Conservation Service that the conclusions are correct.(e) If the investigation indicates that lands within the proposed area to be affected by surface operations and facilities are prime farmlands, the applicant shall submit a plan, in accordance with § 89.122(b) (relating to prime farmlands) for the designated land. The provisions of this § 89.121 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended March 13, 2020, effective 3/14/2020, 50 Pa.B. 1508.The provisions of this § 89.121 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); and 25 Pa. Code § 86.81 (relating to program services).