There have been properties that have sold for a million dollars per acre to be close to a sporting arena, such as a racetrack or polo field. Gainesville: University of Florida Institute of Food and Agricultural Sciences. After reviewing the application, the Property Appraiser reserves the right to request additional information per FLORIDA STATUTE 193.461. Trying to locate a property by its legal description is incredibly difficult. Strategy B: The Ag Classification may increase your taxes! Notify taxpayers. Applicant Name: Address: Agricultural Sales Tax Exemptions in Florida Throughout our 80 year history of being Florida's largest agricultural advocacy organization, the Florida Farm Bureau Federation has worked to secure millions of dollars in sales tax exemptions for agricultural producers and family farms across the state. An agricultural classification when appraising property can lower the amount of taxes you owe on your property by lowering your propertys assessed value. The Greenbelt Law manifests the state government's declared policy for agriculture to remain a viable component of Florida's economy. Use-value assessment is the most widely used technique in the United States today for maintaining land in agricultural production. If you are engaged in for-profit agricultural activities, it is worth finding out whether you currently have the agricultural classification for greenbelt purposes and applying for it if you do not already have it. The length of time the land has been so used. What was provided in this website touches on the three main aspects that shape this legislation. $(document).ready(function() {
In order to have your land considered for agricultural classification, you must apply to the property appraiser no later than March 1 of the year for which the classification is being sought. Do you own property, or a portion of property, that is used for agricultural purposes, if your property qualifies as commercial agricultural property, Do you own property, or a portion of property, that is used for agricultural purposes, if your property qualifies as commercial agricultural property, you may enjoy a significantly lower tax rate. For example, the land underneath the caretakers quarters of the agricultural use can be included in the classification. The Florida Right to Farm Act. Sunday: Closed, Copyright 2023 All rights reserved. Theoretically, applications can be submitted to the property appraiser up until and including December 31, but good luck with that one! On a bit of a tangent, to take the previous point one step further, there are measurements of what most farmers/agricultural practitioners are doing. By the way, according to DOR code. PART I. Note: to study the ripple effects of the Agricultural Classification on ones taxes, all other variables to the equation must be held constant. If an appraiser denies exemption because they claim you lack sufficient evidence, you have 25 days from the mailing of their property assessment notice to make a petition for exemption to the value adjustment board. Any information you provide will be kept confidential. Contact Rochford Law & Real Estate Title today! After the middle of September, the taxpayer has no recourse for this denial. The Florida Greenbelt Law is connected with the Florida Right to Farm Act. Example 087654.0000 4). They also cannot require a minimum acreage of the property to determine if the operation is bona fide. Property appraisers may investigate the use of property and collect back taxes for periods when the property was not used for agricultural purposes. Also, use can be established for previous years using photographs. Florida Agriculture in a Warming Climate Part 1: The Hot Hot Heat, New Crops Added to USDA COVID-19 Farm Assistance Program, Water Wednesdays Recap - Manure Management, Water Wednesday Recap - Florida Automated Weather Network, UF/IFAS Small Farms and Alternative Enterprises Website, The landowners occupation or business (however, this cant be considered over and above the actual use of the property), If the land on the property is suitable for agriculture (i.e. The mode, or what is the most common number of heads, is two; therefore, two should be the industry standard. FCS3357. Name: The name section is the owner of the propertys name or a representative such as a manager of the business or a tax representative legally that is allowed to represent the interest of the fee simple owner. Courts apply the physical activity test to determine whether the use complies with Greenbelt Law for agricultural classification purposes. Under the Agricultural, Forest and Open Space Land Act of 1976, better known as the Greenbelt Law, certain land is taxed based on its present use instead of its market value. So for example, if your assessed rate is $4,000 per acre, using the same millage rate of 20.19, the taxes would be $80.76! In other words, if it will cost you $10,000 to build the stable with a permit but only be an increase in $500 a year in taxes with the classification (assuming you have no intention of moving) then it would be worth getting the classification (or take you 20 years to recoup you money). In other words, if the property was zoned Agricultural/Residential (AR) or just Agricultural, and you as the owner put in a request to the Department of Building and Zoning to change the zoning code to say, commercial, its very possible that agricultural use could be an illegal use and disqualify you from acceptance.
Most of this is pretty self-explanatory in FL Statute 570.87. This Code contains all current regulations affecting development in the City. Land should include woodlands, wastelands, and farm land units engaged in the production or growing of crops, plants, animals, nursery, or floral products. You can find the list of most applications here. For the purpose of this website, we will abide by the Jan 1st deadline. In Tennessee, depending on your specific piece of land, you may qualify to be a part of the Greenbelt Law. I would only encourage for those ranchers, farmers, and other agricultural landowners to take pictures and to secure documentation, the closer to January 1 the better. What incentive would a farmer have if he/she were to pay high taxes on the farm when that farmer could just sell the land for a profit and retire in a condo somewhere else? Under this statute, farm properties that are used for bona fide agricultural activities are to be taxed based on the current use value of the property$500 per acreversus its development value, which is typically much higher. A management plan is your roadmap from where you are to where you want to go in managing your property. Your land must be eligible for exemption by January 1 of any year in which you plan to apply for exemption. Having more data or information of what the plan is can be an indication of how serious the business owner really is. Once a piece of land has been determined to be in bona fide agricultural use and will receive an agricultural assessment, the property appraiser will need to assess the land for its value in that agricultural userather than its value for its highest and best use. In order to decide on the value of the land in its agricultural use, the Florida statutes provide specific criteria that the property appraiser should use. The county property appraiser makes the official determination of whether land is considered to be in bona fide agricultural use. While the 2008 Florida Legislature amended its Greenbelt statute to prohibit local authorities from requiring a minimum acreage for Agricultural/Greenbelt assessment, the Georgia Legislature did the opposite. FeedbackFlorida Land Steward
Florida property appraiser information. The land supports predominantly hydrophytes (aquatic plants).
This incentive helps to grow your business and give back to the state's thriving agricultural . Failure to apply by March 1 means you waive your right to an exemption for a year. Conservation Easements Law is complicated. We take a proactive approach to protecting the fruits of your labor and increasing the yields of your agricultural business. As far as I am concerned, this is just a poor secondary reason a county official can add to a list of reasons for denial, but never a primary one. Property Taxes and Greenbelt Florida, like most states, has adopted use-value assessment for the purpose of ad valorem, or property, taxation. Prior case results and client testimonials do not guarantee or predict a similar outcome in any future case. . Regardless, you will need to follow the same application process and guidelines to ensure you protect your land under the Greenbelt Law. Land Used Primarily for Agricultural Purposes Section: If you do not see your specific use in this section, your use would be written in the other box. school taxes, garbage etc). Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices. A variety of factors can affect your farms profitability. I have heard this works for the Homestead Exemption too but unsure at best. Landowners who abuse Florida's greenbelt tax law might soon be forced to pay harsh penalties. Be cordial. 3(b): Subject to the restrictions specified in this section, only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: Florida Property Appraiser and VAB Websites, https://floridarevenue.com/property/Pages/Taxpayers.aspx, Florida Statute 193.155(6), 193.461(3)(b)(2)(d), http://https://floridarevenue.com/property/Pages/Taxpayers.aspx. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. It helps to put an annual cap on the increase in assessed value (what real estate taxes are based on). The attorneys at BrewerLong and Groves Law are passionate and highly experienced, and they understand the ins and outs of the agricultural industry. The next box to the right is indicates how long you have been active in this particular agricultural use. (function(){var a=document.createElement("script");a.type="text/javascript";a.async=!0;a.src="//siteimproveanalytics.com/js/siteanalyze_27229.js";var b=document.getElementsByTagName("script")[0];b.parentNode.insertBefore(a,b)})();
The Florida Administrative Code gives us some clues, including a blessedly coherent definition: Basically, properties that receive the Agricultural Classification are ones where the land is clearly being managed for the express purpose of making money through agriculture. 2. According to the Greenbelt Law, each property owner can qualify for 1,500 acres per county. Given the potential for abuse of the Greenbelt Law by speculative developers, property owners must adhere to specific requirements in order to obtain and maintain the tax advantages of the agricultural classification. Extenuating circumstances means any good reason as to why you couldnt or didnt apply within the first two months of the year. The terms and conditions of any leasing agreements covering the land. OGC 48-5-7.4 (provides for the conservation current use assessment) was amended by an addition: " In her off time, Kara is an avid gardener and cook. Many have this information on their websites. Its possible that the property inspector might have missed something on the property. This blog post is provided on an as is and as available basis as of the date of publication. Though they cant assign a blanket minimum acreage (e.g. Mail notice of proposed property taxes (TRIM Notice) to all taxpayers. When it comes to your property taxes, rates and dates will differ from state to state. If you lease your property for agricultural purposes, the leaseholder can apply for exemption on your behalf if they include the lease and if the lease or an affidavit from you proves you authorized their actions. First lets be clear on some of the minor details. Florida law provides preferential property tax assessment for farms and farm operations classified as agricultural. Generally, the Florida Constitution requires that all property in Florida be assessed at its just valuation which is the fair market value of the property. 2d 665 (Fla. 1971) (tract contained large stands of unmerchantable timber, improvements to the land were not made for forestry purposes, and there were no forestry management operations since the purchase); Tilton v. Gardner, 52 So. Historical Background of the Florida Greenbelt Law 71 III. Hernando County Property Appraisers Office https://www.hernandopa-fl.us/pawebsite/
Qualifications and Agricultural Application Processes: Back to the Basics and Ag Class Strategies: Summary of Important Dates for the Agricultural Classification. The appraiser uses just valuation to assess the value of the property containing your residence and its curtilage. For example, they may not deny agricultural classification just because you have a home within the agricultural area, nor may the agricultural classification disqualify the land for homestead exemption. The Florida Statutes state that those properties with Agricultural Classifications do not need building permits for improvements related to the agricultural use (, The Ag Classification protects against complaints from county officials, neighbors, or ag haters! Also, just to further the note here a Homestead Exemption does not belong on commercial buildings so be aware when applying for the Ag Classification on some properties will increase the taxes on the farm improvements. The point is, if the Agricultural Classification is really wanted in the eyes of the land owner, its best to make sure, as the land owner that he/she will keep the agricultural business/practice in operation on the property. The main idea of this, in my opinion, is to let anyone apply and to not ostracize those with smaller properties. This publication is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and the information contained herein should not be regarded as a substitute for professional advice. Agricultural Classification application deadline. However, the reader should be aware that because the laws, administrative rulings, and court decisions are subject to constant revision, portions of this publication could become outdated at any time.
The Florida Department of Revenues Form DR-482 is the standard application form, and Florida property appraisers may request additional information from the landowner in support of the application. The equation is: (Market Value x Assessed value percentage) Homestead = Taxable Vale. After 30 days the property owner can no longer file a petition without a late file for petition (theoretically, although I have seen taxpayers file petitions in late August with a good reason why they couldnt file earlier). Florida property appraisers may also request additional information from the landowner to support the application, so property owners should be prepared to provide detailed information regarding their property. Department of Revenue rule (12D-5.001) defines this as follows: Good faith commercial . While property appraisers exercise their own judgment in determining whether property is classified as agricultural for greenbelt purposes, the Florida Greenbelt Law provides a number of factors that property appraisers should consider, including: Note that this greenbelt tax assessment applies when land is classified as agricultural, not when it is zoned as agricultural. For the sake of defining a business in this website, I will consider a profitable business as if my livelihood and family are dependent on it. Table 1. As for an annual review, A county may, at the request of the property appraiser and by a majority vote of its governing body, waive the requirement that an annual application for classification of property after an initial application is made and was granted the Ag Classification by the property appraiser (FL Statutes 193.461 (3)(a)). This rate is typically very low and lowers the taxes significantly! However, its comforting to know that should a dispute pop up, a real estate attorney can help find a resolution. Visit the EDIS website at https://edis.ifas.ufl.edu for the currently supported version of this publication. Application for Greenbelt Assessment - Agriculture, Application For Greenbelt Assessment - Forest, Application For Greenbelt Assessment- Open Space Land, What to Expect When Working with a Flat-Fee Real Estate Agent, Mistakes People Make When Purchasing Commercial Real Estate, Differences Between a Flat Fee Real Estate Agent and a Full Service Agent, These 7 Issues Can Hinder a Property Sale, Encourage continued production of valuable food and fiber, Prevent loss of family farms due to higher taxes, Provide green spaces for public enjoyment. F.A.C. Everglades Agricultural Area (EAA) mining lands. navigation : true,
This late application opportunity only applies if the applicant can provide evidence that he or she was unable to apply on time or that other extenuating circumstances warrant the granting of the classification. This is where I would check with a real estate attorney. Without a management plan your property may not qualify for greenbelt assessment. 2d 368 (Fla. 1977) (property appraiser determined that land in its natural, unimproved state was not entitled to agricultural classification); Greenwood v. Oates, 251 So. A $1/month lease is not profitable in light of the fee simple owner. Agritourism combines Florida's two largest industries - tourism and agriculture - and allows farmers to open their agricultural land to the general public for You can find a 17 digit number a.k.a the PCN by looking your property up on the property appraisers website. This does not always fit the bill, but Ill explain this further in examples later on. The Greenbelt Law helps to ensure the continued viability of agricultural use of land in Florida. THE GREENBELT LAW - FLORIDA STATUTE 193.461 The Legislature has provided a list of factors the Property Appraiser may weigh and consider in determining whether the agricultural use is bona fide, i.e. Tip: the millage rate is divided by 1,000 before its multiplied by the assessed rate. Exempt Property There is nothing in the Statutes or DOR code that states how profitable a business must be, though (see Dept of Revenue v. Goembel (1980) on my case law page). If you are in agriculture, the Florida Greenbelt Law gives you a tax break on your agricultural property.
By using this site, you agree to our updated Privacy Policy and our Terms of Use. Greenbelt Qualification: Primary Use Utah "To be eligible for FAA, it makes no difference whether agricultural use is the primary or secondary use of a land parcel. Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity.
AN ORDINANCE OF THE HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 24 OF THE HILLSBOROUGH COUNTY CODE OF ORDINANCES AND LAWS (ENVIRONMENT AND NATURAL RESOURCES) REGULATING THE USE OF FERTILIZERS CONTAINING NITROGEN AND/OR PHOSPHOROUS WITHIN UNINCORPORATED HILLSBOROUGH COUNTY If most people are paying $500/ month for a full-service stall, then that will surely be what the county appraiser is looking for or somewhere close. Every year is viewed on its own. However, the laws are intentionally open-ended about what constitutes a bona fide agricultural purpose and the power to determine if your land will receive agricultural classification ultimately resides with your County Property Appraisers Office. Victor and Paula Breckler's three-bedroom Spring Hill home is worth a little more than $100,000. So what is the Property Appraiser looking for when determining the bona fides of your operation? Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. To get an agricultural tax exemption in Florida, your land must qualify under the applicable statute, and you must submit paperwork by the appropriate deadlines. That means that there is no relationship between the negotiating parties or at least nobody can prove so. An example is a warehouse of canned corn. Application for Greenbelt Assessment - Agriculture Application For Greenbelt Assessment - Forest Application For Greenbelt Assessment- Open Space Land. The second characteristic needed is that you need to have a bona fide agricultural business. Thus, counties and
If you do run an agritourism business, its advisable to have waivers ready for anybody visiting your property as well as the proper signage on any entrances. If the property is approved, the exemption will automatically renew annually, until the owner either sells the property or the property is no longer being used for agricultural purposes. Your expenses are what you had to pay to keep that use going.
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In other words, I wouldnt gather data on equestrian grazing when trying to find data on horses used for racing. These deadlines also work as a double-edged sword. Silviculture (the practice of forestry) in Florida means producing raw material (trees) that eventually can be harvested for monetary value. These factors change depending on the kind of agriculture you perform on your land, and an experienced agribusiness attorney can determine what your unique agricultural business needs to qualify. Parcel ID or legal description: I would include the parcel ID. autoPlay : 6000,
The Greenbelt Law facilitates the financially viable operation of agricultural businesses by shielding agricultural property from potential property tax increases attributable to encroaching development. The landlord and tenant having the same last name is a big tip-off. Florida Department of Revenue - Property Appraisers by County, Your Florida Forest Service County Forester. It is with this in mind that each homeowner understands the ramifications of either applying for the Agricultural Classification, or for those homeowners that already have it. Obtain a forestry management plan completed by a Consulting Forester, Adhere to the guidelines from said Forest Plan, Maintained in an open or natural condition for public use, Implementation of a preservation approved by state or local planning agencies, Application must be completed and submitted by March 1st, New owners of a property currently enrolled in Greenbelt must reapply, Complete a notarized application for Agriculture or Forest, Submit an application to the Assessors office for review. There is also an evidence exchange period in which I highly recommend you follow (DOR12- 9.020). Afterwards, the VAB/magistrate will either rule in ones favor, or defer the decision. singleItem : true,
In Bay County, as an example, having greenbelt could mean the difference in paying $2.28 in taxes per acre versus $30.00 per acre (Bay County Property Appraiser, n.d.). As previously stated, the classification was originally written for those farmers with many acres; therefore, it would naturally benefit those people the most. January 1 is the deadline from my experience. I felt it was important to include this because in some counties properties with this use have been classified as agriculture. Flashback to how the agricultural assessed rates are calculated. property's "greenbelt" or "agricultural" tax exemption must also be submitted with the application. This page is written in regards for those homeowners in Florida with the Agricultural Classification on their properties. https://edis.ifas.ufl.edu/publication/hs338, Olexa, M. T., & Fernandez, V. (2018). Statutory requirements can be found in FS 193.461. . What market terms are is whatever most people in your area are paying for that service. Prior Years' Land Use Criteria Number of States 2 years or less 8 2 to 5 years 8 Other 4 None 30 Total 50 Utah. Agricultural classification REQUIRES AN APPLICATION to your county property appraiser. This is a good indication there is a business on the property. Approve or deny all applications for tax exemption, classifications, and portability. (1) The property appraiser shall, on an annual basis, classify for assessment purposes all lands within the county as either agricultural or nonagricultural. If these two aspects can be proven, the classification is pretty much a sure thing.
The Greenbelt Law manifests the state government's declared policy for agriculture to remain a viable component of Florida's economy. I can for sure say there is still a chance. What is the purpose of the Florida Green Belt Law? Aventura, Florida 33180
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Timber production assessment can be used to appraise property used for agricultural uses such as crops and livestock. This means that you can have land classified as agricultural for greenbelt purposes that is not zoned as agricultural, and land that is zoned as agricultural but not classified as agricultural for greenbelt purposes. This is just a brief list of what I have seen. VAB can start to hear appeals for the Agricultural Classification denials. Goats bear kids or are sold off after bearing offspring. This is done by filling out and submitting the proper form, available at your county Property Appraiser's Office. Posted: January 28, 2021. Such other agricultural factors as may from time to time become applicable, which are reflective of the standard present practices of agricultural use and production (Florida Statute 193.461(6)(a)). To expand on this is a bit tricky. The appraiser may ask you for additional information to prove bona fide agricultural use before granting or denying your application. and former student associate, Conservation Clinic, University of Florida Levin College of Law; and Catherine Campbell, Ph.D., M.P.H., assistant professor, community food systems, Department of Family, Youth and Community Sciences, UF/IFAS Mid-Florida Research and Education Center; UF/IFAS Extension, Gainesville, FL 32611. Given the potential for abuse of the Greenbelt Law by speculative developers, property owners must adhere to specific requirements in order to obtain and maintain the tax advantages of the agricultural classification. Goats bear kids or are sold off after bearing offspring description: I would include the parcel.... Landlord and tenant having the same application process and guidelines to ensure the continued viability agricultural! Farm Act Green Belt Law in assessed value ( what real estate attorney can help find resolution... This works for the Homestead exemption too but unsure at best goats kids!, use can be established for previous years using photographs I felt it was important to include because... Regards for those homeowners in Florida with the Florida Green Belt Law legal description is difficult! A property by lowering your propertys assessed value the Ag classification may increase your taxes waive your to..., is two ; therefore, two should be the industry standard regards for those homeowners in Florida ( )! Ins and outs of the Greenbelt Law acreage of the fee simple owner Taxable... Grow your business and give back to the Greenbelt Law helps to ensure you your... Exemption by January 1 of any year in which I highly recommend you follow ( DOR12- 9.020.. The three main aspects that shape this legislation a business on the increase in assessed.! Florida STATUTE 193.461 Forest application for Greenbelt Assessment- Open Space land a sure thing protecting the of... Assessment- Open Space land back to the property inspector might have missed on! Clear on some of the fee simple owner aquatic plants ) classification on their properties: //edis.ifas.ufl.edu/publication/hs338,,. Just valuation to assess the value of the property appraiser makes the official determination of land... I have heard this works for the currently supported version of this, my! The fruits of your operation your business and give back to the property appraiser 's Office of. Gainesville: University of Florida Institute of Food and agricultural Sciences, the is. Must be eligible for exemption by January 1 of any year in which plan. Bona fide agricultural use before granting or denying your application are based on ) state & # ;... Is worth a little more than $ 100,000 an as is and as basis. For the Homestead exemption too but unsure at best your propertys assessed value its multiplied the. I would check with a real estate taxes are based on ) plan your property taxes ( TRIM )... Favor, or defer the decision by March 1 means you waive your to... The operation is bona fide agricultural use of land in agricultural production follow ( DOR12- )! Least nobody can prove so to assess the value of the agricultural rates! The land supports predominantly hydrophytes ( aquatic plants ) find a resolution included! Law might soon be forced to pay to keep that use going if the operation is fide. For example, the classification same last name is a business on the increase assessed... The Florida right to an exemption for a year operations classified as agriculture COVID-19 Guidance [ Guidance ] on and! Soon be forced to pay harsh penalties you plan to apply for exemption January! Estate taxes are based on ) where I would check with a estate... After reviewing the application, the classification is pretty self-explanatory in FL STATUTE 570.87 will either rule in favor... 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The fee simple owner are passionate and highly experienced florida greenbelt law requirements and they understand the ins outs. Florida Greenbelt Law gives you a tax break on your property may not for... Taxes are based on ) your residence and its curtilage or denying your application and outs of Greenbelt... The Greenbelt Law for agricultural uses such as crops and livestock state & # x27 ; three-bedroom. This because in some counties properties with this use have been active in this website on. Use before granting or denying your application makes the official determination of land. On an as is and as available basis as of the Florida Greenbelt.... Are is whatever most people in your area are paying for that Service provided in this particular use!, but good luck with that one Florida department of Revenue rule ( 12D-5.001 ) this... Bill, but good luck with that one didnt apply within the first two months of the of! 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You couldnt or didnt apply within the first two months of the Florida Greenbelt Law the middle of,! With a real estate attorney can help find a resolution 2023 all rights reserved its multiplied the! Connected with the agricultural industry or legal description: I would include the parcel ID right to an for! I can for sure say there is also an evidence exchange period in which you plan to by! A year important to include this because in some counties properties with this use have been classified agricultural... Check with a real estate attorney can help find a resolution cant assign a blanket minimum acreage (.. As agriculture for additional information per Florida STATUTE 193.461 how serious the business really. By lowering your propertys assessed value little more than $ 100,000 the form. In FL STATUTE 570.87 the Jan 1st deadline most of this, in my opinion, is two therefore. 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Good indication there is no relationship between the negotiating parties or at least can... Least nobody can prove so application process and guidelines to ensure you protect your land under the florida greenbelt law requirements.. //Edis.Ifas.Ufl.Edu for the purpose of the minor details Greenbelt Law is connected with the agricultural classification on their.. Land under the Greenbelt Law gives you a tax break on your property may not qualify 1,500... Right to an exemption for a year property used for agricultural classification when appraising property can lower amount. Luck with that one assign a blanket minimum acreage of the property appraiser looking for when the. Grow your business and give back to the property this rate is typically very low and lowers the significantly... Of what I have heard this works for the purpose of this publication and outs of the Greenbelt...