BIL 175 Draft 04 2002-2004 - Laserfiche WebLink

Home

for breach of a twenty-year dedication, the rollback taxes under this section shall be for a maximum total of ten years, including both the breached dedication rollback period and any period of nondedicated agricultural use assessment subject to rollback. Rollback taxes for any breach of dedication affecting more than ten years under atwenty-year dedication shall be as provided under section 19-55(f), not to exceed twenty years. (3) Where lands located within agricultural districts aze put to agricultural uses, the tax on that portion of such lands not usable or suitable for any agricultural use shall be deferred and shall be payable upon the imposition of deferred or rollback taxes as provided under this section. (4) A portion or portions of a parcel of land that is being assessed as pasture, whether it is dedicated under the provisions of section 19-55 or not, may be taken out of production for a specified time period, not to exceed ten years, as part of a good forestry plan in order to restore a degraded native forest such that it meets the requirements of the native forest category as stated in section 19-59. Such a plan indicating the acreage and area, as well as the specific forest restoration work to be done, shall be filed with the director of finance by September 1 and approved by the director by December 15. If the plan is approved, the land shall continue to be given the same pasture assessment. (A) The owner shall provide to the director of finance yearly evidence that the forest restoration plan is being implemented, as well as a signed and notarized affidavit by a recognized forestry professional that the restoration plan is likely to succeed within the designated time period. The owner shall continue to fulfill all other requirements of the agricultural assessment, including providing yearly proof that any portion of the parcel not being restored to a native forest, but still being assessed for an agricultural use, continues to be used and maintained substantially and continuously in the approved agricultural use. (B) If, at the end of the time period designated by the plan, the land meets the requirements of the native forest category as described in section 19-59, then it shall be classified as a native forest. If, at the end of the time period designated in the plan, the land does not meet the requirements of the native forest category, the land may be returned to its designated agricultural use as pasture or it shall be assessed and taxed at market value. (C) If the land is dedicated according to section 19-55, it shall remain dedicated as pasture or native forest and shall continue to be subject to all rollback taxes and penalties applicable to dedications. 5