7 Pa. Code § 138e.202 - Inspections
(a) The county
board shall inspect all restricted land within the county at least annually to
determine compliance with the applicable deed of easement. The first inspection
shall be completed within 1 year of the date of easement sale, and shall be
included in the annual report described in §
138e.203 (relating to annual
report) no later than the first annual report following that 1-year
period.
(b) Written notice of an
inspection to be conducted under subsection (a) shall be mailed by certified
mail to the owner at least 10 days prior to the inspection.
(c) An inspection conducted under subsection
(a) shall be performed between the hours of 8 a.m. and 5 p.m. on a weekday that
is not a legal holiday recognized by the Commonwealth, or a date and time
agreeable to the county and the landowner.
(d) Within 10 days of conducting an
inspection under subsection (a), the county board shall prepare a written
inspection report setting forth the following information:
(1) The identification of the land
inspected.
(2) The name of the
owner of the farmland at the time the easement was originally acquired and the
name of the current owner of the land inspected.
(3) A description of modifications in the
number, type, location or use of any structures on the land since the date of
the filing of the deed of easement.
(4) A description of deviations from the
conservation plan observed on the restricted land.
(5) A statement of whether the provisions of
the deed of easement are being observed.
(6) A statement indicating whether a
structure permitted under section 14.1(c)(6)(iv) of the act (3 P. S. §
914.1(c)(6)(iv)) has been
constructed on the restricted land and, if such a structure has been
constructed, the month and year construction was completed and a description of
the structure and its location on the land.
(e) A copy of the inspection report shall be
mailed by certified mail to the owner.
(f) The county board and the State Board may
inspect the restricted land, jointly or severally, without prior notice if they
have reasonable cause to believe that any provision of the easement has been or
is being violated.
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