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Qualifying Lands
The law provides three classifications:
Open Space land is defined as either:
(1) Any land area zoned for open space by a comprehensive
land use plan adopted by a city or county legislative
authority, or
(2) Any land area in which the preservation in its present
use
would:
(a) Conserve and enhance natural or scenic resources
(b) Protect streams or water supply
(c) Promote conservation of soils, wetlands, beaches or
tidal marshes
(d) Enhance the value to the public of abutting or
neighboring parks, forest, wildlife preserves, nature
reservations or sanctuaries or other open space
(e) Enhance recreation opportunities
(f) Preserve historic sites
(g) Preserve visual quality along highway, road, and
street corridor or scenic vistas; or
(h) Retain in its natural state tracts of land not less
than one acre situated in an urban area and open public
use on such conditions as may be reasonably required by
the granting authority.
(3) Or, any land meeting the definition of "farm and
agricultural conservation land" which means either:
(a) Land previously classified under farm and agriculture
classification that no longer meets the criteria and is
reclassified under open space land, or
(b) "Traditional farmland", not classified, that has not
been irrevocably devoted to a use inconsistent with
agricultural uses, and that has a high potential for
returning to commercial agriculture.
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Farm and Agricultural land
is defined as either:
(1) Any parcel of land that is twenty or more acres or
multiple parcels of land that are contiguous and total twenty
or more acres:
(a) Devoted primarily to the production of livestock or
agriculture commodities for commercial purposes
(b) Enrolled in a cropland retirement program administered
by the United States Department of Agriculture
(2) Any parcel of land that is five acres or more but less
than twenty acres devoted primarily to agricultural uses
equivalent to:
(a) One hundred dollars or more per acre per year for
three of the five calendar years preceding the date of
application for classification made prior to January 1,
1993, and
(b) On or after January 1, 1993, two hundred dollars or
more per acre per year for three of the five calendar
years preceding the date of application for classification
(3) Any parcel of land of less than five acres devoted
primarily to agricultural uses which has produced a gross
income of:
(a) One thousand dollars or more per year for three of the
five calendar years preceding the date of application made
prior to January 1, 1993, and
(b) On or after January 1, 1993, fifteen hundred dollars
or more per year for three of the five calendar years
preceding the date of application for classification.
(4) "Farm and agricultural land" also
includes:
(a) Incidental uses compatible with agricultural purposes
provided such use does not exceed twenty percent of the
classified land;
(b) Land on which appurtenances necessary for production,
preparation, or sale of agricultural products exist in
conjunction with the lands producing such products;
(c) Any noncontiguous parcel one to five acres, that is an
integral part of the farming operations.
(d) Land on which housing for employees and principal
place of residence of the farm operation or owner is sited
provided the use of the housing or residence is integral
to the use of the classified land for agricultural
purposes and provided that the classified parcel is twenty
or more acres.
Timber Land means
any parcel of land that is five or more acres or multiple
parcels of land that are contiguous and total five or more
acres which is or are devoted primarily to the growth and
harvest of forest crops for commercial purposes.
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