Construction or Modification of a Residential Structure

Landowners should contact the Berks County Agricultural Land Preservation Office for any activity provided for in the agricultural conservation easement other than agricultural production.

Forms Available for Assistance:

Request for the Construction of a Residential Structure

Request for the Modification of a Residential Structure

Request for the Construction of a Replacement Residential Structure

Procedures for Reviewing the Construction or Modification of a Residential Structure:

1. Landowners submit a written request for the construction or modification of a residential structure. The written request will specify whether the construction is to be considered the one permitted additional residential structure, if the landowners are removing an existing residential structure and the construction of a new residential structure is to be considered a replacement structure, or if the construction is a modification of an existing residential structure.

a. If the construction of the residential structure is to be considered the additional residential structure, the written request shall specify that:

i. The construction and use of the residential structure is limited to the landowners’ principal residence or for providing housing for persons employed in farming the subject land on a seasonal or full-time basis;

ii. No other residential structure has been constructed on the eased land at any time since the delivery of the Agricultural Conservation Deed of Easement;

iii. The residential structure and its curtilage occupy no more than two acres of the subject land; and,

iv. The location of the residential structure and its driveway will not significantly harm the economic viability of the subject land for agricultural production.

b. If the construction of a residential structure is to be considered a replacement structure, the written request shall specify;

i. The residential structure to be removed, and

ii. The replacement residential structure is to be erected within the curtilage of the residential structure it replaces.

c. If the construction is to be considered a modification of a residential structure, the written request shall specify that the construction will not increase the curtilage of the residential structure being modified.

2. Landowners submit a survey drawing or sketch to scale of the proposed construction containing:

a. Location of the proposed construction;

b. Location of existing buildings, sheds, barns, dwellings, and other structures;

c. Identification of the residential structure to be replaced or modified, if applicable;

d. Location of the existing curtilage areas;

e. Location of cropland, pastureland, woodland and other lands;

f. Roads, streets, driveways, utility right-of-way, streams; and,

g. Other information that may be pertinent, as requested by the Board.

3. The County Board will note receipt of the request for the construction or modification of a residential structure at its next regularly scheduled meeting and shall have 120 days from the note of receipt to approve or disapprove the request. Failure to approve or disapprove the request within the specified time will constitute approval of the request.