Utah Farmland Assessment Act
The Utah Farmland Assessment Act (FAA, also called the Greenbelt Act) allows qualifying agricultural property to be assessed and taxed based upon its productive capability instead of the prevailing market value. This unique method of assessment is vital to agriculture operations in close proximity to expanding urban areas, where taxing agricultural property at market value could make farming operations economically prohibitive.How is production value determined?
(Utah Code 59-2-514) Production values are established by the Utah State Tax Commission with the assistance of a five-member Farmland Assessment Advisory Committee and Utah State University. Production values apply statewide and are based upon income and expense factors associated with agriculture activities. These factors are expressed in terms of value per acre for specific land classifications.
How is land classified?
Land is classified according to its capability of producing crops or forage. Capability is dependent upon soil type, topography, availability of irrigation water, growing season, and other factors. The County Assessor classifies all agricultural land in the county based on Natural Resource Conservation Service Soil Surveys and guidelines provided by the Utah State Tax Commission. The general classifications of agricultural land are irrigated, dry land, graze land, orchard, meadow and non-productive. If you disagree with your land classification, you can appeal to the County Board of Equalization for re-classification.
What does it take to qualify?
(Utah Code 59-2-503) Private farmland can qualify for assessment and taxation under the Farmland Assessment Act if the land:
- is at least five contiguous acres in area. Land less than five acres may qualify where devoted to agricultural use in conjunction with other eligible acreage under identical legal ownership. Land used in connection with the farmhouse, such as landscaping, etc. cannot be included in the acreage for FAA eligibility. (Utah Code 59-2-514)
- is actively devoted to agricultural use, and the operation is managed in such a way that there is a reasonable expectation of profit;
- has been devoted to agricultural use for at least two successive years immediately preceding the tax year in which application is made; and
- meets average annual (per acre) production requirements.
Production Requirement Defined
(Utah Code 59-2-503) To qualify for the Farmland Assessment Act, land must produce an excess of 50 percent of the average agricultural production per acre for the given type of land and the given county or area. To determine production levels the County Assessor will use the following sources: the most recent publication of Utah Agricultural Statistics; crop and enterprise budgets published by Utah State University; or standards established by the Tax Commission. Examples include:
- A farmer grows alfalfa. The average annual production of alfalfa in his area is four tons per acre per year. To qualify he must produce more than two tons per acre per year.
- A rancher has 10 acres of irrigated pasture which would reasonably carry 10 head of cattle or 50 sheep through the grazing season. To qualify he will need to graze more than five head of cattle or 25 sheep.
(Utah Code 59-2-503) The acreage requirement may be waived if the owner can show that 80 percent or more of the owner's, purchaser's, or lessee's income is derived from agricultural products produced on the land or failure to meet the 5 acre requirement arose solely out of an eminent domain proceeding. The production requirement may be waived if the owner shows that the property has been in agricultural use for the previous two years and that failure to meet the production requirement in a particular year was due to no fault or act of the owner, purchaser, or lessee. The production requirement will be waived if the land is involved in a bonafide range improvement program, crop rotation program, or other similarly accepted agricultural practice which does not give reasonable opportunity to satisfy the production level requirement.
(Utah Code 59-2-508, 59-2-509, 59-2-510) New applications for assessment and taxation under the Utah Farmland Assessment Act must be submitted by May 1 of the tax year in which assessment is requested. Applications necessary because of ownership change, legal description change, assessor request, etc., must be filed within 120 days of a change.
Who may apply?
(Utah Code 59-2-508) Any owner of agricultural land may apply for assessment and taxation under the Farmland Assessment Act.
Can Leased Land Qualify?
Leased land can qualify for assessment and taxation under the FAA if the acreage requirement is met and the production requirement is satisfied. A purchaser or lessee may qualify the land by submitting, along with the application from the owner, documents certifying that the production levels have been satisfied.
What happens when land is withdrawn from FAA?
(Utah Code 59-2-506) When land becomes ineligible for farmland assessment (such as when it is developed or goes into non-use), the owner becomes subject to a rollback tax. The rollback tax is the difference between the taxes paid while on greenbelt and the taxes which would have been paid had the property been assessed at market value. In determining the amount of rollback tax due, a maximum of five years preceding the change in use will be used. The tax rate for each of the years in question will be applied to determine the tax amount.
How do I apply?
(Utah Code 59-2-508) Complete the Farmland Assessment Act Questionnaire online or print and submit by mail or in person to the Weber County Assessor’s Office. A physical inspection of your property will be made by an appraiser from the Assessor’s Office to determine if it meets the required qualifications and to insure the two year qualifications period has been met. Other supporting documentation may be required such as federal tax returns, affidavits, lease agreements, sales receipts, production records, etc., which shows the production requirement has been met for the preceding two years.
When it is determined that all requirements have been met, the Assessor’s Office will supply you with an Application for Assessment and Taxation of Agricultural Land. This application must be notarized and returned along with the required recording fee. Note: New applications must be submitted by May 1st of the tax year in which the property qualifies for assessment under the law.