BIL 043 Draft 01 2022-2024 - Laserfiche WebLink

Home

(d) [Commercial] Long-term commercial agricultural use dedication petition. (1) If any owner desires to dedicate the owner's land for a long-term commercial agricultural use and to have the land taxed [as]at its assessed value in this use, the owner shall so petition the director of finance and declare in the petition that the land can best be used for the purpose for which the owner requests permission and that if the petition is approved the land will be used for this purpose. The director [may require evidence of commercial agricultural use in such form and at such times as provided for in the administrative rules and regulations of the department.] shall require an Internal Revenue Service schedule F (form 1040) or State department of taxation form G-49 from the previous tax year as evidence of long-term commercial agricultural use. (2) The director shall prescribe the form of the petition[.-] that shall include: (A) A farm plan; (B) Documentation of organic certification from the U.S. Department of Agriculture; (C) A plan from the U.S. Department of Agriculture,Natural Resources Conservation Service; (D) Documentation of food safety certification from the U.S. Department of Agriculture; or (E) Receipts demonstrating an investment of a minimum of$2,000 in farm equipment for use on the subject property. (3) The petition shall be filed with the director of finance by September 1 of any calendar year and shall be approved or disapproved by December 15. If approved, dedication shall be effective on July 1 of the following tax year. (4) petitionThe for long-term commercial agricultural use dedication must be signed by all owners of the land being dedicated. (5) A recorded lessee of the land with a term of five or more years remaining from the date of the petition and who is responsible for payment of the real property tax shall also be deemed an owner of the land within these provisions. (6) Action by director on petition. (A) Upon receipt of a petition as provided above, the director shall make a finding of fact as to whether the land in the petition area is reasonably well suited for the intended use. The finding shall include and be based upone productivity ratings of the land in those uses for which it is best suited, a \tudy of the ownership, size of operating unit, the present use of surrounding similar lands and other criteria as may be appropriate. (B) The director shall also make a finding of fact as to whether the intended use is in conflict with the overall development plan of the [State and] County; provided that [ . - . . .• ' . -- .. . . . ' . with respect to lands in County zoning districts other than agricultural, residential and agricultural, family agricultural, intensive agricultural or agricultural project district,the director shall make further findings respecting the economic feasibility of the intended use of the land. (C) If all findings are favorable, the director shall approve the petition and declare the land to be dedicated. 4