Representative Jason B. Kyle proposes the following substitute bill:


1     
FALLOW LAND AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jason B. Kyle

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the applicability of fallow land to agricultural and urban farming
10     property tax assessment.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     allows for fallow land to qualify for agricultural and urban farming assessment;
15          ▸     requires landowners to provide written notice to the county assessor in each year
16     that land is fallowed;
17          ▸     allows a county assessor to require landowners to submit a land management plan if
18     a landowner intends to fallow land for more than one year; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          59-2-503, as last amended by Laws of Utah 2023, Chapter 72
27          59-2-1703, as last amended by Laws of Utah 2023, Chapter 189
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-2-503 is amended to read:
31          59-2-503. Qualifications for agricultural use assessment.
32          (1) For general property tax purposes, land may be assessed on the basis of the value
33     that the land has for agricultural use if the land:
34          (a) is not less than five contiguous acres in area, except that land may be assessed on
35     the basis of the value that the land has for agricultural use:
36          (i) if:
37          (A) the land is devoted to agricultural use in conjunction with other eligible acreage;
38     and
39          (B) the land and the other eligible acreage described in Subsection (1)(a)(i)(A) have
40     identical legal ownership; or
41          (ii) as provided under Subsections (4) and (5); and
42          (b) except as provided in Subsection (6) or (7):
43          (i) is actively devoted to agricultural use; and
44          (ii) has been actively devoted to agricultural use for at least two successive years
45     immediately preceding the tax year for which the land is being assessed under this part.
46          (2) In determining whether land is actively devoted to agricultural use, production per
47     acre for a given county or area and a given type of land shall be determined by using the first
48     applicable of the following:
49          (a) production levels reported in the current publication of the Utah Agricultural
50     Statistics;
51          (b) current crop budgets developed and published by Utah State University; and
52          (c) other acceptable standards of agricultural production designated by the commission
53     by rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
54     Act.
55          (3) Land may be assessed on the basis of the land's agricultural value if the land:
56          (a) is subject to the privilege tax imposed by Section 59-4-101;

57          (b) is owned by the state or any of the state's political subdivisions; and
58          (c) meets the requirements of Subsection (1).
59          (4) Notwithstanding Subsection (1)(a), the commission or a county board of
60     equalization may grant a waiver of the acreage limitation for land upon:
61          (a) appeal by the owner; and
62          (b) submission of proof that 80% or more of the owner's, purchaser's, or lessee's
63     income is derived from agricultural products produced on the property in question.
64          (5) Notwithstanding Subsection (1)(a), the commission or a county board of
65     equalization shall grant a waiver of the acreage limitation for land upon:
66          (a) appeal by the owner; and
67          (b) submission of proof that:
68          (i) the failure to meet the acreage requirement arose solely as a result of an acquisition
69     by a public utility or a governmental entity by:
70          (A) eminent domain; or
71          (B) the threat or imminence of an eminent domain proceeding; and
72          (ii) the land is actively devoted to agricultural use.
73          (6) (a) The commission or a county board of equalization may grant a waiver of the
74     requirement that the land is actively devoted to agricultural use for the tax year for which the
75     land is being assessed under this part upon:
76          (i) appeal by the owner; and
77          (ii) submission of proof that:
78          (A) the land was assessed on the basis of agricultural use for at least two years
79     immediately preceding that tax year; and
80          (B) the failure to meet the agricultural production requirements for that tax year was
81     due to no fault or act of the owner, purchaser, or lessee.
82          (b) As used in Subsection (6)(a), "fault" does not include:
83          (i) intentional planting of crops or trees which, because of the maturation period, do
84     not give the owner, purchaser, or lessee a reasonable opportunity to satisfy the production
85     levels required for land actively devoted to agricultural use; or
86          (ii) implementation of a bona fide range improvement program, crop rotation program,
87     or other similar accepted cultural practices which do not give the owner, purchaser, or lessee a

88     reasonable opportunity to satisfy the production levels required for land actively devoted to
89     agricultural use.
90          (7) Land that otherwise qualifies for assessment under this part qualifies for assessment
91     under this part in the first year the land resumes being actively devoted to agricultural use if:
92          (a) the land becomes ineligible for assessment under this part only as a result of a split
93     estate mineral rights owner exercising the right to extract a mineral; and
94          (b) the land qualified for assessment under this part in the year immediately preceding
95     the year the land became ineligible for assessment under this part only as a result of a split
96     estate mineral rights owner exercising the right to extract a mineral.
97          (8) Land that otherwise qualifies under Subsection (1) to be assessed on the basis of the
98     value that the land has for agricultural use does not lose that qualification by becoming subject
99     to a forest stewardship plan developed under Section 65A-8a-106 under which the land is
100     subject to a temporary period of limited use or nonuse.
101          (9) (a) Notwithstanding Subsection (1) and except as provided in Subsection (9)(d),
102     land in agricultural use that is intentionally allowed to lay fallow for one or more growing
103     seasons qualifies for assessment under this part if the fallowing is conducted:
104          (i) during periods of limited water supply;
105          (ii) as part of a prudent farm management practice, including crop rotation, rotational
106     grazing, or soil water management; or
107          (iii) to facilitate voluntary participation in a water management or agricultural water
108     optimization program.
109          (b) If the owner of land assessed under this part fallows the land during any period in a
110     calendar year, the owner shall, on or before December 31 of the year in which the land is
111     fallowed, provide to the county assessor written notice that:
112          (i) identifies the land that was fallowed during any period of the year in which the
113     notice is provided, including the acreage of the fallowed land;
114          (ii) demonstrates how the land qualifies under Subsection (9)(a); and
115          (iii) specifies whether the owner intends to fallow the land during any period in the
116     following calendar year, and, if so, the intended duration of the fallowing period.
117          (c) (i) If the written notice under Subsection (9)(b) indicates that the owner intends to
118     fallow the land during any period in the following calendar year, the county assessor may,

119     within 45 days of receiving the written notice, require the owner to submit to the county
120     assessor a land management plan in a form prescribed by the county assessor that:
121          (A) identifies the owner's objectives in fallowing the land for the intended duration of
122     the fallowing period;
123          (B) provides adequate assurances to the county assessor that the fallowed land will
124     become actively devoted to agricultural use upon the expiration of the intended fallowing
125     period; and
126          (C) includes any other information required by the county assessor.
127          (ii) If the owner submits to the county assessor a land management plan for fallowed
128     land that meets the requirements of Subsection (9)(c)(i), the county assessor may not require
129     the owner to submit a new or additional land management plan for the same land within three
130     years from the day on which the owner submitted the plan.
131          (d) Fallowed land is withdrawn from this part if:
132          (i) the county assessor determines that the land does not qualify under Subsection
133     (9)(a);
134          (ii) the owner fails to comply with the written notice requirements of Subsection (9)(b),
135     including, if applicable, failing to return the fallowed land to active agricultural use upon the
136     expiration of the intended fallowing period as specified in the written notice; or
137          (iii) the owner fails to comply with the requirements of Subsection (9)(c), if a land
138     management plan is required.
139          Section 2. Section 59-2-1703 is amended to read:
140          59-2-1703. Qualifications for urban farming assessment.
141          (1) (a) For general property tax purposes, land may be assessed on the basis of the
142     value that the land has for agricultural use if the land:
143          (i) is actively devoted to urban farming;
144          (ii) is at least one contiguous acre, but less than five acres, in size; and
145          (iii) (A) has been actively devoted to urban farming for at least two successive years
146     immediately preceding the tax year for which the land is assessed under this part; or
147          (B) was assessed under Part 5, Farmland Assessment Act, for the preceding tax year.
148          (b) Land that is not actively devoted to urban farming may not be assessed as provided
149     in Subsection (1)(a), even if the land is part of a parcel that includes land actively devoted to

150     urban farming.
151          (2) (a) In determining whether land is actively devoted to urban farming, production
152     per acre for a given county or area and a given type of land shall be determined by using the
153     first applicable of the following:
154          (i) production levels reported in the current publication of Utah Agricultural Statistics;
155          (ii) current crop budgets developed and published by Utah State University; or
156          (iii) the highest per acre value used for land assessed under the Farmland Assessment
157     Act for the county in which the property is located.
158          (b) A county assessor may not assess land actively devoted to urban farming on the
159     basis of the value that the land has for agricultural use under this part unless an owner annually
160     files documentation with the county assessor:
161          (i) on a form provided by the county assessor;
162          (ii) demonstrating to the satisfaction of the county assessor that the land meets the
163     production levels required under this part; and
164          (iii) except as provided in Subsection 59-2-1707(2)(c)(i), no later than January 30 for
165     each tax year in which the owner applies for assessment under this part.
166          (3) Notwithstanding Subsection (1)(a)(ii), a county board of equalization may grant a
167     waiver of the acreage requirements of Subsection (1)(a)(ii):
168          (a) on appeal by an owner; and
169          (b) if the owner submits documentation to the county assessor demonstrating to the
170     satisfaction of the county assessor that:
171          (i) the failure to meet the acreage requirements of Subsection (1)(a)(ii) arose solely as a
172     result of an acquisition by a governmental entity by:
173          (A) eminent domain; or
174          (B) the threat or imminence of an eminent domain proceeding;
175          (ii) the land is actively devoted to urban farming; and
176          (iii) no change occurs in the ownership of the land.
177          (4) (a) Notwithstanding Subsection (1) and except as provided in Subsection (4)(d),
178     land for urban farming that is intentionally allowed to lay fallow for one or more growing
179     seasons qualifies for assessment under this part if the fallowing is conducted:
180          (i) during periods of limited water supply;

181          (ii) as part of a prudent farm management practice, including crop rotation, rotational
182     grazing, or soil water management; or
183          (iii) to facilitate voluntary participation in a water management or agricultural water
184     optimization program.
185          (b) If the owner of land assessed under this part fallows the land during any period in a
186     calendar year, the owner shall, on or before December 31 of the year in which the land is
187     fallowed, provide to the county assessor written notice that:
188          (i) identifies the land that was fallowed during any period of the calendar year in which
189     the notice is provided, including the acreage of the fallowed land;
190          (ii) demonstrates how the fallowed land qualifies under Subsection (4)(a); and
191          (iii) specifies whether the owner intends to fallow the land during any period in the
192     following calendar year, and, if so, the intended duration of the fallowing period.
193          (c) (i) If a written notice under Subsection (4)(b) indicates that the owner intends to
194     fallow the land during any period in the following calendar year, the county assessor may,
195     within 45 days of receiving the written notice, require the owner to submit to the county
196     assessor a land management plan in a form prescribed by the county assessor that:
197          (A) identifies the owner's objectives in fallowing the land for the intended duration of
198     the fallowing period;
199          (B) provides adequate assurances to the county assessor that the fallowed land will
200     become actively devoted to urban farming upon the expiration of the intended fallowing
201     period; and
202          (C) includes any other information required by the county assessor.
203          (ii) If the owner submits to the county assessor a land management plan for fallowed
204     land that meets the requirements of Subsection (4)(c)(i), the county assessor may not require
205     the owner to submit a new or additional land management plan for the same land within three
206     years from the day on which the owner submitted the plan.
207          (d) Fallowed land is withdrawn from this part if:
208          (i) the county assessor determines that the land does not qualify under Subsection
209     (4)(a);
210          (ii) the owner fails to comply with the notice requirements of Subsection (4)(b),
211     including, if applicable, failing to return the fallowed land to active urban farming upon the

212     expiration of the intended fallowing period as specified in the written notice; or
213          (iii) the owner fails to comply with the requirements of Subsection (4)(c), if a land
214     management plan is required.
215          Section 3. Effective date.
216          This bill takes effect on May 1, 2024.