The court decision early this month favoring Amish farmers who want to establish an agricultural security area in East Lampeter Township will reverberate across the county and state, local preservation advocates said today.
The court ruling favoring farmers who sought an agricultural security area
in East Lampeter Township
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Two judges from the Lancaster County Court of Common Pleas on July 11 reversed a decision of the East Lampeter Township supervisors, who had denied approval of a township agricultural security area.
"Those townships that have resisted ag security areas now know that if their farmers want an ag security area, the supervisors must permit it," said Karen Martynick, director of the Lancaster Farmland Trust.
The trust organized the movement for an ag security area in East Lampeter and now plans to do so in other townships, Martynick said.
By the end of this week Martynick expects to have begun petition drives to create ag preserve areas in all townships without them.
"I anticipate a positive response from farmers by the fall," she said.
"I would think it would have an impact beyond East Lampeter because it is a law that applies to the entire commonwealth," said Matt Knepper, director of Lancaster County's Agricultural Preserve Board.
"If there are other farmers out there who don't have ag security areas, this would give them a reason to go back and petition again," he added.
Only three other townships in Lancaster County — Upper Leacock, Leacock and Paradise — do not have ag security areas.
"Now that the judges have made their decision, we need to give serious consideration to (ag security areas)," said Keith Greiner, an Upper Leacock supervisor and vocal supporter of ag security areas.
In an eight-page ruling Judge Margaret C. Miller and President Judge Louis J. Farina said that under the state Agricultural Area Security Law, "need is determined by the petitioning farmers, not the municipal governing body."
Township farmers had petitioned for an ag security area three times and been turned down three times. Following the third refusal, they appealed to the court.
Eleven farmers, most of them Old Order Amish, own 12 farms totaling 788 acres. They have said they wanted to create an ag security area to discourage nuisance laws that restrict farming and to restrict the government's ability to condemn farmland.
Ag security areas also allow farmers to apply for farmland preservation through the county preservation program, but farmers in East Lampeter have not cited that as a concern.
The supervisors have said an ag security area is not needed because farmers already have the proper protections through measures such as the Right to Farm Act and township laws.
They also have said that ag security areas near Routes 23 and 30 could cause planning problems.
Ralph Hutchinson, township manager, said this morning that he is "sure they (supervisors) will consider an appeal. I don't know whether they will appeal."
Supervisor David Buckwalter said the supervisors "will review the decision and consider what response we want to make to it."
The next supervisors' meeting is scheduled for Aug. 4.
The Conestoga Valley Coalition, a large group of East Lampeter residents, promoted the appeal to the court. Lois Duling, a co-chairman of the coalition, this morning expressed delight with the judicial ruling.
"We're very grateful the court ruled this way," she said. "We really see it as a beginning for the other three townships that don't offer this option."
She said the petitioners have broad support in the township. During two hearings on the subject last fall, she said, only one person spoke against the farmers.
Fred Daum, a township resident who has actively supported all three applications for ag security areas, said the judicial decision will have "an unbelievably broad advantage for farmland — not just for the state but for the nation."
Amish living elsewhere in the state will welcome this decision, he added.
Greiner, the Upper Leacock supervisor, said Amish will welcome an expansion of ag preserve areas, which are a prerequisite for such preservation through the Agricultural Preserve Board.
"I've been told that the Amish, seeing how this county is growing, might be more amenable to preserving their land through the preserve board," he said. "But now some of them can't."
Staff writer Jack Brubaker can be reached at jbrubaker@LNPnews.com or 291-8781.
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