change of land use

[deereman64]

change of land use

I live in New York on 7.5 acres of what used to be designated as agricultural land.Approximately 5.5 acres of this parcel is either wetlands or woods.I have received notice that they want to change the land use to residential as there is now a house on the property. What do I have to demonstrate that this land remains in essence agricultural. I have planted 20 apple trees(most got eaten by the deer) and I have planted vegetables. my intention is to fence in a field and keep a couple of horses there and to refurbish an old pond so it becomes productive. Is this a lost cause??

 

[MikePA]

Re: change of land use

Did you build the house or was it there when the parcel was considered agricultural? If you built the house, I don't see how you're going to convince them it's not, now, residential. Afterall, someone is residing there. An alternative could be to subdivide the single parcel into a small parcel for the house and the rest as ag.

 

[Bob_Skurka]

Re: change of land use

It strikes me that your land is actually residential in the way you are using it. Agricultural typically (individual states will have different zoning/land use rules) means it is land that is in production or suitable for production. Residential typically means it is land that is used by a homeowner for personal use. I gave very general simplistic definitions, but they are realistic.

I have my land divided, the assessor has my 9~ acre lot divided up as 1 acre residential and the remaining property as farm; the rear of my property is actually farmed. In reality, I use roughly 5 acres of my lot as residential . . . and I use a few acres as agricultural. But those agricultural acres are added to a larger 32 acre field that I lease out and full time farm for profit.

When I was a kid, my dad had a 1/4 acre suburban lot. He had 8 fruit trees across the back of the lot, and a small home vegitable garden. Nobody would confuse that 1/4 acre with 8 fruit trees and a small garden plot as an agricultural property. You have 20 partially deer damaged fruit trees on 7+ acres, but the trees do not make the property into an agricultural property. The way you actually use the property is largely what your township/county/state will use to determine the tax basis.

Perhaps if you planted a legitimate orchard you could convince them otherwise?

 

[deereman64]

Re: change of land use

Thanks for your responses. The land parcel was part of a larger piece of agricultural land. I dont think it had been used for years, certainly judging but the amount of undergrowth. They want to back date the change prior to the time of the building by about year, and charge me for it which seems a little strange and unfair. I could accept a split is use between the non wetlands and wetlands

 

[midlf]

Re: change of land use

Wisconsin here. This is my understanding on how it works here based on info from the Previous Owner (PO). When they went to ag use assessment here a number of years ago they were going to list assessment as residential on our 20.8 acres. The PO challenged that as he had cattle (2) and hogs (2) grazing on 6 acres and a lot of the property is swamp (yeah I know they are now called "wetlands" but when I grew up they were swamps.) and woods. He won the appeal and we are assessed as 6 acres residential, 6 acres ag and balance is "non-productive wetlands and woodlands". This significantly affects our property taxes in a way that is favorable to us.

It is my understanding that horses, lamas, etc do not count as ag as they are "hobby animals". For the ag assessment it must be "traditional" ag uses such as grazing for cattle, goats, sheep, or cultivated production, haying or commercial orchard. I suspect horses, Lamas would be covered if you had tax records showing this as a legitimate business.

Right now we don't have any animals as we are restoring the pasture from overgrazing by horses. We are investigating animals or having the neighbor graze his cattle on our pastures.

 

[rozett]

Re: change of land use

In many states, it is illegal to zone specific lots (known as spot zoning). Rather, they zone specific areas of town based on some plan. Here in Maine, a town needs to have a Comprehensive Plan that looks at area statistics and local demographics. The zoning is required to be based on the CP. Since you haven't filled out your profile, I don't know where in NY that you live. There is a big difference between living in Westchester County vs. Sullivan County. I suggest that you look up the state statutes about zoning. You'll probably find that your local community has exercised it's home rule rights and passed local zoning ordinances. Go to the town hall and get yourself a copy. read it and understand what they can and can't do. You may need to consult a land use attorney.

 

[EddieWalker]

Re: change of land use

What some people do here when they build a house on ag land that has tax exemptions is to survey out the road in and the area the house sits as a seperate property.

You pay the residential tax on the house and the amount of land in that parcel, but the remaining land remains under it's current examption status.

Good luck, now that they have made the change for you, it's an uphill battle to get it changed back.

Eddie

 

[Doc_Bob]

Re: change of land use

Zoning versus assessment. I am getting confused by the discussion here. Sounds like some of us are making them one and the same.

My land is R3 (residential) but 8 acres are farmed and the assessment is much lower since it is used for farming. Now, the land is still R3, but my taxes are based upon Ag use for 8 of my 15 acres.
Bob

 

[Doc_Bob]

Re: change of land use

Zoning versus assessment. I am getting confused by the discussion here. Sounds like some of us are making them one and the same.

My land is R3 (residential) but 8 acres are farmed and the assessment is much lower since it is used for farming. Now, the land is still R3, but my taxes are based upon Ag use for 8 of my 15 acres.
Bob

 

[MikePA]

Re: change of land use

Lemme see if I can summarize;

1. Larger parcel of land designated agricultural
2. 7.5 acre parcel subdivided out of the large parcel
3. You built a house on the 7.5 acre parcel
4. They now designate it residential effective 1 year prior to you building on it.

Was the one year earlier when you subdivided it?

Also, getting other people's opinions is fine, but zoning, land designation and taxes are local. So, while asking here can be academically interesting, it won't apply to your situation. I suggest you contact a lawyer who specializes in real estate.