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Vermont "Current Use" Tax Information

AGRICULTURAL LAND, FOREST LAND, CONSERVATION LAND AND FARM BUILDINGS

USE VALUE APPRAISAL - APPLICATION AND INSTRUCTIONS

For local property tax purposes, eligible agricultural, forest land and conservation land will be appraised at use values determined by the Current Use Advisory Board. The landowner will pay taxes based on the use value. Eligible farm buildings will be exempt from all property taxes.

The purpose of the program is to keep productive agricultural and forest land in production and help to slow the development of these lands. When

a landowner enrolls land in the program he or she is making a long term commitment to manage the land according to accepted farm, forest and

conservation practices.

If property enrolled in the program is

 

 

 

ever developed, the owner will be liable for a land use change tax on the portion of the property that is

ELIGIBLE LAND AND FARM BUILDINGS

A. Agricultural Land:

of the following conditions:

1. It is owned by a farmer and is part of the farm unit.

2. It is leased to a farmer as part of his farming operation under a written lease for at least three years. A copy of the lease must be submitted

with the application.

3. It has and will continue to produce an annual gross income from the sale of farm crops in one of two, or three of the five, immediately

preceding calendar years of at least $2,000 for parcels of up to 25 acres, and $75 per acre for each acre over 25, with the total income

required not to exceed $5,000. Farm crops include, animal fiber, cider, wine and cheese produced on the enrolled land or on a house site

adjoining the enrolled land from agricultural products grown on the enrolled land.

4. It is at least 25 contiguous acres and in active use to do one or a combination of the following: grow and annually harvest hay or

cultivated crops; pasture at least one animal unit per three acres for a minimum of 30 days per year (an animal unit is defined as one horse,

one cow, one mule, five goats or five sheep); cultivate and harvest Christmas trees; cultivate trees, bushes or vines to produce an annual

crop of edible fruit; or produce an annual maple product. Forest land that is being pastured is not considered agricultural land for the

purposes of this program and must be entered in the forest land category on this application.

Agricultural land means any land, exclusive of house site(s) or other development, which is in active use and meets any

B. Farm Buildings:

of a farming operation, are owned by a farmer or leased to a farmer under a written lease for a term of three years or more, and are situated on

land that is enrolled in a use value appraisal program or on a house site adjoining enrolled land. “Farm Building” shall include up to $100,000

of the value of a farm facility processing farm crops, a minimum of 75 percent of which are produced on the farm and shall not include any

dwelling other than a dwelling in use during the preceding tax year exclusively to house one or more farm employees, as defined in 9 V.S.A.

§4469, and their families, as a nonmonetary benefit of the farm employment. “Farmer” means a person who earns at least one-half of the

farmer’s annual gross income from the business of farming as that term is defined in Regulation 1.175-3 issued under the Internal Revenue

Code of 1986 and/or from the sale of processed products produced from 75 percent of the farm crops produced on the farm. “Person” means

any individual, firm, corporation, partnership or other form of organization or group of individuals. “Owner” means the person who is the

owner of record. “Farm employee” means an individual employed by a farm employer in farming operations. “Farm employer” means an

individual who earns at least one-half of his or her annual gross income from the business of farming as that term is defined in Section 1.175-3

of the regulation issued by the United States Department of the Treasury under the Internal Revenue Code of the United States, as amended.

“Housing provided as a benefit of farm employment” means housing owned or controlled by the farm employer and provided for the occupancy

of the farm employee and his or her family or household members for no consideration other than the farm employee's labor. Payment

of utility and fuel charges paid by the farm employee does not affect the designation of housing provided as a benefit of farm employment.

Eligible farm buildings include all farm buildings and other farm improvements which are actively used by a farmer as part

C. Forest Land:

under an approved forest management plan for purposes of harvesting repeated forest crops in accordance with accepted forest management

practices. Land which is not capable of growing 20 cubic feet per acre per year plus open land not to be restocked within two years under the

provisions of a forest management plan cannot exceed 20% of the total eligible land appraised at use value. However, nonproductive land

which exceeds the 20% rule may be eligible if approved by the County Forester. Also with County Forester approval, eligible forest land may

include forest land designated as Ecologically Significant Treatment Areas (ESTAs), Significant Wildlife Habitat, Special Places/Sensitive

Sites and Miscellaneous <1 acre. Please contact your County Forester for guidance and eligibility criteria and requirements. The management

plan must be filed with the Department of Forest, Parks and Recreation by October 1 to receive use value appraisal in the next tax year.

For continued eligibility a management activity report must be filed with the Department by February 1 of the year following the year when

the management activity occurred. Forest land in the program will be inspected by state foresters at least once every ten years. Please consult

with the county forester if there are any restrictions which would prevent the implementation of a forest management plan.

Eligible land is any forest land which is at least 25 contiguous acres, exclusive of house site(s) or other development, which is

D. Conservation Land:

organization that was certified by the Commissioner of Taxes as a qualified organization as defined in 10 V.S.A. §6301a, and for at least five

years preceding its certification was determined by the Internal Revenue Service to qualify as a Section 501(c)(3) organization which is not

a private foundation as defined in Section 509(a) of the Internal Revenue Code, and is under active conservation management in accord with

standards established by the commissioner of forest, parks and recreation. Conservation plan must be approved by and filed with the

Department of Forest, Parks and Recreation by October 1 to receive use value appraisal in the next tax year. For continued eligibility a

management activity report must be filed with the Department by February 1 of the year following the year when the management activity

occurred. Conservation land in the program will be inspected by state foresters at least once every ten years. Conservation land will be

enrolled at the forest land use value.

Eligible land includes any land exclusive of any house site, which is certified under 10 V.S.A. §6306(b), is owned by an

THE APPLICATION PROCESS

A separate application form must be submitted for each noncontiguous parcel.

By September 1

of your property for next year and submit it to Property Valuation and Review. All information must be provided or the application will be

rejected. For parcels that contain ONLY agricultural land and farm buildings, enclose 3 copies of a map of your property that are to state

standards (see standards below). Also enclose a check for the application fee for $40.00 made payable to

By October 1

applicant must submit to the Department of Forest, Parks and Recreation a conservation or forest management plan and 3 copies of a map of

, for agricultural, forest land, conservation land and farm buildings, fill out this application form for use value appraisalProperty Valuation and Review., for parcels that are conservation land, forest management or combined forest management and agricultural land, the

FORM LU-AFCFB

Rev. 7/27/09

PLEASE DO NOT SEPARATE THIS FORM.

the property that are to state standards. The plan and maps must be approved by the Department. Send conservation plans to the commissioner

of Forest, Parks and Recreation and forest plans to your County Forester.

All maps must meet the following standards:

1. The map must be prepared using a Vermont Base Map Orthophoto by drafting on an orthophoto original or tracing from an orthophoto.

If you use a tracing, the four Vermont Coordinate System coordinates nearest the parcel's boundaries must be indicated on the map; also

include an insert locus map to indicate the parcel's location.

2. The map must include the following: owner's name, town in which the parcel is located, name of draftsperson, orthophoto number, north

arrow, scale, date prepared/revised and SPAN (School Property Account Number).

3. The map must show the boundaries of the entire parcel, the boundaries of the portion of the parcel to be included in the program, and the

boundaries of the portion of the parcel to be excluded from the program. These areas must be labeled and the acreage of each area must

be listed in a chart. If the parcel is divided by a town line, develop a map chart for each town.

4. The map must delineate and label the agricultural land, the enrolled farm buildings, and each stand of trees of forest land to be enrolled.

The forest or conservation type and acreage of each forest or conservation stand must be included.

5. A chart must be included on the map or attached to the map to show the acreage for agricultural land, the acreage of productive forest land

by stand or conservation areas, the acreage of nonproductive forest land by stand and all other categories. If the total acreage calculated

off the orthophoto does not agree with the acreage in the town records, the enrolled acreage must be prorated (adjusted) to match town

records. Do not prorate the actual acreage excluded.

By April 15, Property Valuation and Review will notify the landowners of their property's acceptance/rejection to the program. The property is

formally enrolled in the program as of April 1st, unless a formal appeal to withdraw has been received by the Director of Property Valuation and

Review on or before the close of grievance hearings for that town in which the parcel is located.

Once this application is signed by the landowner(s) and approved by the state, the application will be recorded in the land records of the

town and will constitute a lien to secure payment of the land use change tax to the state upon development of the parcel.

Change of Ownership -

be completed for each parcel to be enrolled and filed within 30 days of the conveyance with Property Valuation and Review. If a portion of the

property is retained by the original owner and is to continue enrollment under the original owner, then the original owner must complete and sign

Change of Ownership and submit a new Application and maps in order for the retained land to remain enrolled.

If enrolled land is conveyed and is to remain in the program, this Application, Change of Ownership and new maps must

LINE-BY-LINE INSTRUCTIONS

PRINT IN INK OR TYPE. ALL INFORMATION MUST BE PROVIDED OR THE APPLICATION WILL BE REJECTED.

Line 1

parcels in different ownership. If a husband holds title to one parcel, and the husband and wife hold joint title to a contiguous parcel

under another deed, two applications must be filed because these parcels are under separate unique ownership.

List all persons holding record title to this parcel. A separate application must be submitted for each noncontiguous parcel and/or for

Line 2

Fill in complete mailing address and phone number of contact person.

Line 3

conservation management plan are to be filed with the county forester or commissioner respectively by October 1, one month following

the application deadline.

The application deadline is September 1. Three maps for agricultural parcels are also due at this time. Three maps and one forest or

Line 4

each town.

Fill in the name of the town where your parcel is located. If your parcel is located in more than one town, file a separate application for

Line 5

and Mountain Road”.

Describe where in the town your parcel is located. An example might be: “One mile south on TH #9 from the intersection of Route 15

Line 6

Fill in the School Property Account Number (SPAN) that your town has assigned to your parcel.

Line 7

says you have, but for this program the town listed acreage is what the state must use.

Fill in the total number of acres your town's grand list has you listed for. You may know that you own more, or less acres than the town

Line 8

surrounding any dwelling, house, or mobile home. You also must exclude the acreage of land used for commercial mining, excavation

or landfill, or that land directly related to non-farming, non-forestry or non-conservation purposes and for buildings not used for

forestry or farming purposes. Additionally, if you plan to build on land in the program, or sell less than 25 acres in the near future, you

may wish to initially exclude this land so that you are not charged a land use change tax in the future.

Fill in the total number of acres you wish to exclude from the use value program. At a minimum, two acres must be excluded

Line 9

have a precise description of the excluded property. Attach an additional sheet of paper if there is not enough room. Refer to your map

whenever possible. Make sure the excluded portions are clearly marked on your maps.

To prevent you from being charged a penalty in the future on property you had originally excluded from the program the state must

Line 10

acreage to be appraised into the appropriate categories according to your map and enter the acres by category. For those organizations

qualifying, conservation land must be entered as “Conservation Land”.

First Subtract Line 8 from Line 7. This is the total number of acres that will be appraised at use value. Second, separate your total

Line 11

Provide the number of each type of farm building to be exempt from all property tax.

Line 12

20%” rule, a maximum of 20% of the total eligible land to be enrolled may be enrolled as nonproductive forest (Site IV) or open land.

To determine this amount take the number of acres of “Productive Forest Land” you have listed on Line 10 and divide by 4. This will

give you the maximum number of additional acres which may be enrolled in a combination of Nonproductive Forest and open land. If

you have more nonproductive acreage than the 20% rule allows, it must be excluded on Line 8 or enrolled with County Forester

approval.

Complete Section 2. ALL LANDOWNERS MUST SIGN. If signature by other than owner(s), attach copy of recorded power of attorney or other

recorded authorization.

Answer all of the questions. This will help determine your eligibility (see the description of eligible land above). Under the “forestry

RETURN ALL COPIES

application fee made payable to

Mail to: Property Valuation and Review

Current Use Program

VT Department of Taxes

133 State Street

Montpelier, VT 05633-1401

(Goldenrod copy will be returned to you after it is approved by the director) and enclose a check for $40.00 for thePROPERTY VALUATION AND REVIEW by September 1.

Please check if:

New Enrollment

 

Addition to enrolled parcel

2.

PHONE:

LANDOWNER'S MAILING ADDRESS:

6.

ACCOUNT NUMBER (SPAN):

SCHOOL PROPERTY

4.

town, file a separate application for each town):

PROPERTY LOCATED IN TOWN OF (if located in more than one

5.

Road #14):

LOCATION OF PROPERTY (example: north side of intersection of Town

7.

ACCORDING TO YOUR TOWN'S GRAND LIST, HOW MANY TOTAL ACRES IN THIS PARCEL DO YOU OWN? _______________________ ACRES

8.

(At a minimum you must exclude: 2 acres of land surrounding each dwelling, house, or mobile home. See instructions for other exclusions.

FROM THE TOTAL ACRES IN QUESTION 7, HOW MANY ACRES ARE YOU EXCLUDING FROM USE VALUE APPRAISAL? _______________ ACRES

9.

______________________________________________________________________________________________________________________________________

EXCLUDED PORTIONS: (To prevent you from being charged a penalty in the future on excluded land, precisely describe each portion of land that is on Line 8.) _______

10.

FARMER:

ACRES TO BE APPRAISED AT USE VALUE:_______________ 11. FARM BUILDINGS ACTIVELY USED BY A

<1 Mile >1 Mile

Provide number of each type to be enrolled.

Active Agriculture ________ ________

Open/Idle Ag (20% Rule Limit) ________ ________

Productive Forest I, II, III ________ ________

Nonprod Forest (20% Rule Limit) ________ ________

Ecologically Significant TA* ________ ________

Sugarhouse ___________

Greenhouse ___________

Farm Employee Housing ___________

Farm Crop Processing Facility ___________

Barn ___________

Shed ___________

Silo ___________

TOTAL ___________

12.

ANSWER THE FOLLOWING QUESTIONS: Unanswered questions will limit eligibility

A.

Is there acreage in the same ownership and contiguous to the total acres on Line 7 which is not included in this application? Yes No

B.

If YES, give number and type:___________________________________________________________________

Are there any dwellings, houses, mobile homes or other buildings on the entire property? . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No

C.

Regulation 1.175.-3 of the Internal Revenue Code of 1986 and/or from the sale of processed products produced from

75 percent of the farm crops produced on the farm? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Do you (owner) qualify as a farmer by making half of your gross income from the business of farming as defined inYes No

D.

as defined in 9 V.S.A. §4469, and their families, as a nonmonetary benefit of the farm employment? . . . . . . . . . . . . . . . . . .

Was the dwelling(s) on Line 11 in use during the preceding tax year exclusively to house one or more farm employees,Yes No

E.

a written lease of at least 3 years? (Enclose copy of lease stating farm buildings being leased.) . . . . . . . . . . . . . . . . . . . . . . .

If you (owner) do not qualify as a farmer, are your farm buildings leased to and actively used by a qualifying farmer underYes No

F.

APPLYING FOR AGRICULTURAL LAND:

1.

Cropland ____ Hay land ____ Orchard ____ Sugarbush ____ Christmas trees ____ Pasture ____

Is this application for at least 25 contiguous acres in active use for any of the following? Check all that apply. . . . . . . Yes No

2.

Application for less than 25 contiguous acres:

a.

Is the land contiguous with other land you own in the next town, making at least 25 acres? . . . . . . . . . . . . . . . . . . Yes No

b.

Does the land produce gross income of at least $2,000/year from the sale of farm crops? . . . . . . . . . . . . . . . . . . . . Yes No

c.

(Enclose copy of lease stating actual property being leased.)

Is the land leased to and actively used by a farmer under a written lease for at least 3 years? . . . . . . . . . . . . . . . . . Yes No

G.

APPLYING FOR FOREST LAND:

1.

Is your application for at least 25 contiguous acres of forest land? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No

2.

Is more than 20% of the land nonproductive forest land or open land (see instructions)? . . . . . . . . . . . . . . . . . . . . . . . . Yes No

3.

in the next town, making at least 25 acres? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If applying for less than 25 contiguous forested acres, is the land contiguous with land you ownYes No

H.

APPLYING FOR CONSERVATION LAND:

1.

Have you been certified as a qualified organization as defined in 10 V.S.A. §6301a? . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No

2.

Is parcel certified under 10 V.S.A. §6306(b)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No

3.

not a private foundation as defined in Section 509a of the Internal Revenue Code for at least five years preceding

certification as defined in 10 V.S.A. §6301a? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Have you been determined by the Internal Revenue Service to qualify as a Section 501(c)(3) organization which isYes No

SECTION 2.

attorney or other recorded authorization. Do not separate this form.

I hereby certify that I intend to have all my property described on this application appraised at use value except those portions specifically excluded on Line 8. I

acknowledge that I, my heirs or assigns, are subject to the provisions of 32 V.S.A. Chapter 124 and the regulations and use values as adopted and prescribed by the

Current Use Advisory Board and state statutes.

records of the municipality and shall constitute a lien to secure payment of the land use change tax to the municipality upon development of the parcel. The

lien shall run with the land. The landowner shall bear the recording cost.

To be completed by landowner(s) - ALL LANDOWNERS MUST SIGN - if signature by other than owner(s), attach copy of recorded power ofWhen this application is signed by the landowner(s) and approved by the state, it shall be recorded in the land

Owner Signature: ____________________________________________________________________ Date: ________________________

Owner Signature: ____________________________________________________________________ Date: ________________________

Owner Signature: ____________________________________________________________________ Date: ________________________

Date ______________________________ _______________________________________________, DIRECTOR, Division of Property Valuation & Review

SECTION 3.

From the information herein certified by the applicant, I have determined that the applicant's property is eligible for use value appraisal.

To be completed by Director

3.

Applications must be postmarked or delivered by September 1

to:

133 State Street, Montpelier, VT 05633-1401.

copies of the map and a check for $40.00 made payable to

Property Valuation and Review, Current Use Program,Enclose 3

Property Valuation and Review

for the application fee.

1.

NAME OF LANDOWNER (list all persons holding record title to this parcel):

AGRICULTURAL LAND, FOREST LAND, CONSERVATION LAND AND FARM BUILDINGS USE VALUE APPRAISAL

APPLICATION FORM

Please read instructions on cover page - DO NOT SEPARATE THIS FORM.

SECTION 1.

To be completed by landowner (Please Print or Type - Provide all information and return all copies or this application will be returned.)

FORM LU-AFCFB

Rev. 7/27/09

White - Property Valuation and Review Canary - Town Green - County Forester Goldenrod - Landowner

<1 Mile >1 Mile

Conservation ________ ________

Nonprod Forest (>20% Rule)* ________ ________

Significant Wildlife Habitat* ________ ________

Special Places/Sensitive Sites* ________ ________

Miscellaneous/<1 Acre* ________ ________

*Requires County Forester approval with forest management plan.

 

 

 

developed. Development means the construction of any dwelling, camp, mobile home or other buildings not directly related to farming or forestry

purposes, or the commencement of commercial mining, excavation, landfill activity or fee hunting or fishing on land enrolled in the program or,

the subdivision of enrolled property into parcels less than 25 acres in size. Please see the law and rules for further definitions of development. The

amount of the tax will be twenty percent of the fair market value of the developed portion of the land, calculated at the time the land ceased

receiving use value appraisal. The tax will be ten percent for any portion enrolled more than ten years. Land may be voluntarily withdrawn from

use value appraisal at any time by the owner, or it may become ineligible through some other action of the owner. The land will then return to fair

market value appraisal, but the land use change tax would not be due unless and until the land is developed, or the owner wishes to discharge the

lien to clear the title.