Planning for Agriculture Under the PA Municipalities Planning Code

Community Planning

When planning for the future of their communities, local municipal elected and appointed officials in Pennsylvania have a wide variety of land use and community components to assess. The characteristics and roles of these community sectors need to be considered for their individual and collective past, current and future contributions. Plans as well as regulatory documents should reflect well-coordinated efforts that result in a community that retains, creates and/or enhances its community character and viability.

The role of agriculture in a community's future is an important consideration that should be woven into ordinance and plan creation and implementation. This is acknowledged in the Pennsylvania Municipalities Planning Code (MPC) through various sections. The MPC is the enabling legislation for municipal planning efforts in Pennsylvania (with the exceptions of Philadelphia, Pittsburgh, and Philadelphia County.)

Having a knowledge and understanding of agricultural references and requirements in the MPC is an important part of planning practices. The inclusion of agricultural considerations for municipal planning and regulation contained in the MPC range from it legislative purpose to provisions for municipal land use regulations and plans.

Purpose and Definition

Section 105 states the purposes for the creation and adoption of the MPC. Included among these purposes is the preservation of natural resources and prime agricultural land. Another stated purpose is to ensure that zoning ordinances facilitate the present and future economic viability of agricultural operations. (Zoning ordinances regulate items such as land use location, lot density and open space.)

The MPC includes a definition of agricultural operations to provide its meaning within the legislation. This definition includes certain types of activities, such as crops, livestock, etc. It also includes enterprises that implement changes in production practices and procedures normally engaged by farmers or that are consistent with technological development within the agricultural industry.

Comprehensive Plans

A comprehensive plan is a document that sets the course for the future of a community and serves as an official guidance document.  It includes recommendations for future municipal actions but can also serve as a basis for private decisions.

Throughout Section 301 of the MPC, several items related to agriculture are referenced. These pertain to components that shall or may be included in municipal comprehensive plans. For example, this section contains a provision to identify a plan for the preservation and enhancement of prime agricultural land. It also provides for planning for the compatibility of land use regulations with existing agricultural operations. The MPC also calls for the plan to contain a statement that commercial agricultural production impacts water supply sources.  Comprehensive plans are to contain a land use plan which may include agriculture, and a plan for the protection of natural and historic resources, including prime agricultural land.

Subdivision and Land Development

A subdivision and land development ordinance is a land use regulatory document. While it does not control where land uses can go, it does regulate the layout and design of subdivisions and certain types of development.

Subdivision and land development regulations can relate to agricultural development and activity. For example, land being subdivided to be transferred from, or to a farm would fall under subdivision jurisdiction.  However, there is an exemption (Section 107) for subdivision approval when the land being subdivided is 10 acres or more and for agricultural lease purposes only. In order to qualify for the exemption the subdivided lot must also not involve and new street, access easement or residential dwelling.

Land development includes nonresidential building(s) as per the MPC (Section 107). The MPC does, however, allow for certain land development exclusions including the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing building (Section 503). Municipalities with subdivision and land development ordinances must make a determination as to if a proposed agricultural land development qualifies for an exemption.

Zoning

In addressing provisions for zoning ordinances, the MPC includes numerous agricultural items. For example, Section 603 allows for items such as as the protection and preservation of natural and historic resources and prime agricultural land and activities. This section also states that zoning ordinances shall encourage the continuity, development and viability of agricultural operations. They may not restrict agricultural operations or changes to or expansion of agricultural operations in geographic areas where agriculture has traditionally been present (unless the agricultural operation will have a direct adverse effect on the public health and safety).

Summary

The purpose of this article is to provide a general overview of agricultural provisions and considerations in the MPC. It can be a first step in understanding how planning in Pennsylvania includes agricultural lands and practices. For a more complete understanding of all agricultural inclusions, applicable preemptions and provisions for all land uses, a more detailed study of the MPC would be necessary.