Legislature passes Green Acres report

The House passed a conference committee report 102-27 April 11 that would revise the Green Acres and Rural Preserve programs.

Sponsored by Rep. Mike LeMieur (R-Little Falls) and Sen. Jeremy Miller (R-Winona), HF12*/ SF222 was passed 45-15 by the Senate April 14. It now heads to the governor.

In 2008, legislators created a dual tax classification system for productive (2a) and non-productive (2b) agricultural land and provided that, in the future, non-productive (2b) agricultural land would no longer be allowed in the Green Acres program. In 2009, the Legislature created a new program called Rural Preserve for non-productive (2b) land with tax benefits similar to Green Acres. In order for land to be enrolled in Rural Preserve, a farmer was required to develop a conservation plan and sign a covenant that the land would not be developed or farmed for a period of years.

As amended, the bill would no longer require farmers to develop a conservation plan or sign a covenant agreement to enroll in Rural Preserve. It would also grant farmers who removed land from the Green Acres program as a result of 2008 and 2009 changes a chance to reapply for either program this year with their respective counties by Aug. 1, 2011. After that, the annual enrollment deadline would return to May 1. Conferees said that will give counties extra time to explain the program changes to the farmers.

The bill includes a recommendation by Rep. Kurt Daudt (R-Crown) to remove a 10-acre minimum requirement to enroll in Rural Preserve (class 2b). It was replaced with a requirement that the property, of any size acreage, be contiguous to property enrolled in Green Acres (class 2a) and under the same ownership.

House conferees accepted Senate language that would require, as part of the application process, an aerial photograph or satellite image of the property enrolled. Forms would need to warn enrollees about the claw back consequences of terminating the Rural Preserve program.

Covenants that had already been signed would be terminated and no longer required. Also, interested parties would work together to explore an alternative method for determining the taxable value of enrolled agricultural land. A report would be due by Feb. 15, 2012.