Court Says Farmers Have a Right to ASA

By: Timothy J. Bupp

In a recent Lancaster County Decision, the common pleas court held that farmers requesting an Agricultural Security Area (ASA) had a right to have an ASA established in their township, even if the township supervisors refused their request.

Under the Agricultural Security Area law, municipalities are authorized to organize an ASA when farmers owning a certain aggregate number of acres apply for the creation of an ASA.  Farmers within an ASA gain some additional protections under the law.  Their farms are not subject to certain nuisance suits brought by non-farming neighbors who are not accustom to nuisances, like odors or flies associated with farming operations.  Properties in an ASA also gain some protections from eminent domain.  Perhaps most importantly, farms must be entered in an ASA in order to qualify for the Commonwealth’s farmland preservation program, which pays farmers for their development rights.

Being in an ASA, therefore, provides benefits and protections to a farmer without limiting their use of their property.  However, these protections may come in conflict with municipal planning for current or future growth, and townships seeking to accommodate anticipated needs for water, sewer, or roads may find their hands tied if ASA protected property is needed for expansion.  

Most municipalities in Lancaster County already have ASA’s.  In East Lampeter Township, the subject of the current court decision, supervisors were apparently concerned that having properties along busy Routes 23 & 30 protected by the ASA could cause future planning problems.

In York County, as in Lancaster County, most municipalities with significant agricultural zones have ASA’s already.  In 2008, Carroll and Monahan Townships recently established ASA’s in their municipalities.  It remains to see whether the present case will be appealed, and to what result.

If you have questions concerning ASA’s or other agricultural issues, contact Attorney Timothy Bupp at CGA Law Firm.