N.J. Admin. Code § 18:15-6.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 18:15-6.5 - Failure to meet additional gross sales income requirements on acreage-roll-back

(a) Land previously qualified as actively devoted to agricultural or horticultural use under the Act but failing to meet the additional requirement on acreage above five acres will not be subject to the roll-back tax because of such disqualification, but will be treated as land for which an annual application has not been submitted.

(b) Land that is farmed but is insufficient in acreage or income, should be denied for farmland assessment, and will not be subject to the roll-back tax because of this disqualification, but will be treated as land for which an annual application has not been submitted.

(c) Land previously qualified as actively devoted to agricultural or horticultural use pursuant to N.J.S.A. 54:4-23.5, but failing to meet any increase in the minimum amount of gross sales, payments, and fees received, and imputed income requirements, and anticipated yearly gross sales, payments, fees, and imputed income requirements, will not be subject to the roll-back tax because of such disqualification, but will be treated as land for which an annual application has not been submitted, provided that the land remains in agricultural or horticultural use.

(d) Land qualified as actively devoted to agricultural or horticultural use as of the day before the date of enactment of P.L. 2013, c. 43 (April 15, 2013) due to the use of payments or other compensation received under a soil conservation program agreement with any agency of the Federal government, but which payments or other compensation do not meet the minimum amounts required pursuant to N.J.S.A. 54:4-23.5, will continue to be considered to be actively devoted to agricultural or horticultural use for purposes of farmland assessment until the end of the soil conservation program agreement period.

N.J. Admin. Code § 18:15-6.5

Amended by 49 N.J.R. 118(b), effective 1/3/2017