Representative Logan Wilde proposes the following substitute bill:


1     
GREENBELT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends property tax provisions related to property assessed under the
10     Farmland Assessment Act.
11     Highlighted Provisions:
12          This bill:
13          ▸      defines terms;
14          ▸     amends provisions related to proving implementation of a bona fide range
15     improvement program ; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          59-2-502, as last amended by Laws of Utah 2017, Chapter 319
24          59-2-503, as last amended by Laws of Utah 2013, Chapter 322
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 59-2-502 is amended to read:
28          59-2-502. Definitions.
29          As used in this part:
30          (1) "Actively devoted to agricultural use" means that the land in agricultural use
31     produces in excess of 50% of the average agricultural production per acre:
32          (a) as determined under Section 59-2-503; and
33          (b) for:
34          (i) the given type of land; and
35          (ii) the given county or area.
36          (2) "Bona fide range improvement program" means a rangeland improvement project
37     that is generally recognized by the grazing and livestock industry.
38          (3) "Bona fide range improvement program plan" means a plan that:
39          (a) is in writing;
40          (b) describes the bona fide range improvement program that the owner of the land is
41     implementing; and
42          (c) includes:
43          (i) a list of the rangeland improvements that the owner of the land is implementing;
44          (ii) the timing for implementation and termination of the bona fide range improvement
45     program; and
46          (iii) the address, parcel number, or other information that identifies the land.
47          [(2)] (4) "Conservation easement rollback tax" means the tax imposed under Section
48     59-2-506.5.
49          [(3)] (5) "Identical legal ownership" means legal ownership held by:
50          (a) identical legal parties; or
51          (b) identical legal entities.
52          [(4)] (6) "Land in agricultural use" means:
53          (a) land devoted to the raising of useful plants and animals with a reasonable
54     expectation of profit, including:
55          (i) forages and sod crops;
56          (ii) grains and feed crops;
57          (iii) livestock as defined in Section 59-2-102;
58          (iv) trees and fruits; or
59          (v) vegetables, nursery, floral, and ornamental stock; or
60          (b) land devoted to and meeting the requirements and qualifications for payments or
61     other compensation under a crop-land retirement program with an agency of the state or federal
62     government.
63          [(5)] (7) "Other eligible acreage" means land that is:
64          (a) five or more contiguous acres;
65          (b) eligible for assessment under this part; and
66          (c) (i) located in the same county as land described in Subsection 59-2-503(1)(a); or
67          (ii) contiguous across county lines with land described in Subsection 59-2-503(1)(a) as
68     provided in Section 59-2-512.
69          [(6)] (8) "Platted" means land in which:
70          (a) parcels of ground are laid out and mapped by their boundaries, course, and extent;
71     and
72          (b) the plat has been approved as provided in Section 10-9a-604 or 17-27a-604.
73          [(7)] (9) "Rollback tax" means the tax imposed under Section 59-2-506.
74          [(8)] (10) "Withdrawn from this part" means that land that has been assessed under this
75     part is no longer assessed under this part or eligible for assessment under this part for any
76     reason including that:
77          (a) an owner voluntarily requests that the land be withdrawn from this part;
78          (b) the land is no longer actively devoted to agricultural use;
79          (c) (i) the land has a change in ownership; and
80          (ii) (A) the new owner fails to apply for assessment under this part as required by
81     Section 59-2-509; or
82          (B) (I) an owner applies for assessment under this part as required by Section
83     59-2-509; and
84          (II) the land does not meet the requirements of this part to be assessed under this part;
85          (d) (i) the legal description of the land changes; and
86          (ii) (A) an owner fails to apply for assessment under this part as required by Section
87     59-2-509; or
88          (B) (I) an owner applies for assessment under this part as required by Section
89     59-2-509; and
90          (II) the land does not meet the requirements of this part to be assessed under this part;
91          (e) if required by the county assessor, the owner of the land:
92          (i) fails to file a new application as provided in Subsection 59-2-508(5); or
93          (ii) fails to file a signed statement as provided in Subsection 59-2-508(5); or
94          (f) except as provided in Section 59-2-503, the land fails to meet a requirement of
95     Section 59-2-503.
96          Section 2. Section 59-2-503 is amended to read:
97          59-2-503. Qualifications for agricultural use assessment.
98          (1) For general property tax purposes, [land may be assessed] the county assessor may
99     assess land on the basis of the value that the land has for agricultural use [if the land]:
100          (a) (i) if the land is not less than five contiguous acres in area[, except that land may be
101     assessed on the basis of the value that the land has for agricultural use:];
102          [(i) if:]
103          (ii) (A) if the land is devoted to agricultural use in conjunction with other eligible
104     acreage; and
105          (B) if the land and the other eligible acreage described in Subsection (1)(a)[(i)](ii)(A)
106     have identical legal ownership; or
107          [(ii)] (iii) as provided under Subsection (4); and
108          (b) except as provided in Subsection (5) or (6):
109          (i) if the land is actively devoted to agricultural use; and
110          (ii) if the land has been actively devoted to agricultural use for at least two successive
111     years immediately preceding the tax year for which the land is being assessed under this part.
112          (2) In determining whether land is actively devoted to agricultural use, production per
113     acre for a given county or area and a given type of land shall be determined by using the first
114     applicable of the following:
115          (a) production levels reported in the current publication of the Utah Agricultural
116     Statistics;
117          (b) current crop budgets developed and published by Utah State University; and
118          (c) other acceptable standards of agricultural production designated by the commission
119     by rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
120     Act.
121          (3) [Land may be assessed] The county assessor may assess land on the basis of the
122     land's agricultural value if the land:
123          (a) is subject to the privilege tax imposed by Section 59-4-101;
124          (b) is owned by the state or any of the state's political subdivisions; and
125          (c) meets the requirements of Subsection (1).
126          (4) [Notwithstanding Subsection (1)(a), the commission] A county assessor or a county
127     board of equalization may grant a waiver of the acreage limitation for land upon:
128          (a) appeal by the owner; and
129          (b) submission of proof that:
130          (i) 80% or more of the owner's, purchaser's, or lessee's income is derived from
131     agricultural products produced on the property in question; or
132          (ii) (A) the failure to meet the acreage requirement arose solely as a result of an
133     acquisition by a governmental entity by[:(I)] eminent domain[;] or [(II)] the threat or
134     imminence of an eminent domain proceeding;
135          (B) the land is actively devoted to agricultural use; and
136          (C) no change occurs in the ownership of the land.
137          (5) (a) [The commission] A county assessor or a county board of equalization may grant
138     a waiver of the requirement that the land is actively devoted to agricultural use for the tax year
139     for which the land is being assessed under this part upon:
140          (i) appeal by the owner; and
141          (ii) submission of proof that:
142          (A) the land was assessed on the basis of agricultural use for at least two years
143     immediately preceding that tax year; and
144          (B) the failure to meet the agricultural production requirements for that tax year was
145     due to no fault or act of the owner, purchaser, or lessee.
146          (b) As used in Subsection (5)(a), "fault" does not include:
147          (i) intentional planting of crops or trees [which] that, because of the maturation period,
148     do not give the owner, purchaser, or lessee a reasonable opportunity to satisfy the production
149     levels required for land actively devoted to agricultural use; or
150          (ii) implementation of a bona fide range improvement program, crop rotation program,
151     or other similar accepted cultural practices [which] that do not give the owner, purchaser, or
152     lessee a reasonable opportunity to satisfy the production levels required for land actively
153     devoted to agricultural use.
154          (c) (i) An owner of land that fails to meet the agricultural production requirements for
155     the tax year due to implementation of a bona fide range improvement program shall submit to a
156     county assessor or a county board of equalization a copy of the bona fide range improvement
157     program plan within 45 days after the day on which a county assessor or a county board of
158     equalization requests the bona fide range improvement program plan.
159          (ii) A county assessor or a county board of equalization shall accept any bona fide
160     range improvement program plan that meets the requirements of Subsection 59-2-502(3).
161          (6) Land that otherwise qualifies for assessment under this part qualifies for assessment
162     under this part in the first year the land resumes being actively devoted to agricultural use if:
163          (a) the land becomes ineligible for assessment under this part only as a result of a split
164     estate mineral rights owner exercising the right to extract a mineral; and
165          (b) the land qualified for assessment under this part in the year immediately preceding
166     the year the land became ineligible for assessment under this part only as a result of a split
167     estate mineral rights owner exercising the right to extract a mineral.
168          (7) Land that otherwise qualifies under Subsection (1) to be assessed on the basis of the
169     value that the land has for agricultural use does not lose that qualification by becoming subject
170     to a forest stewardship plan developed under Section 65A-8a-106 under which the land is
171     subject to a temporary period of limited use or nonuse.