The trespassing topic reminded me of this. As i understand it if a landowner is enrolled in pa clean and green they can not close their land for public recreational use. Is there any where to view who is in the clean and green? Makes me wonder how many landowners are saving on tax money and still have posted ground.
If the land is enrolled in the active agriculture part of clean and green the landowner must agree to not post the land. BUT he is permitted to regulate how many, who, and when the access can be granted. If the land is enrolled in the forest reserve part of clean and green, it can still be posted. Can't remember about the agriculture reserve portion, but I think it must be unposted also.
§ 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.
§ 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.
my land is in clean and green and is posted and nobody can come on it. if you are in agriculture or forest reserve you do not have to allow people on your property. be careful you know what the landowner is enrolled in before you think you can just go on clean and green enrolled property
It is amazing how much horsecrap is believed out there. The trespass law says that entering an area fenced to enclose livestock is a misdemeanor. No signs necessary. There is no defense for being enrolled in clean and green
(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.
woops they already thought about this one during the writing
Can't think of any public access to private property programs right offhand, that don't require asking for permission first?
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