Rule 42.20.655 - VALUATION OF ONE ACRE BENEATH IMPROVEMENTS ON AGRICULTURAL AND NONQUALIFIED AGRICULTURAL LAND(1) An agricultural valuation will be made for each one-acre area beneath each residence(s) located on agricultural land as defined in ARM 42.20.660, 42.20.665, 42.20.670, 42.20.675, and 42.20.680. (a) Occupancy of the residential improvement for the purpose of applying this rule shall be irrelevant.(b) A single one-acre agricultural land value determination will be made when multiple residences are located on the same one-acre area.(c) Each one-acre area beneath the residence(s) on agricultural land as stated in (1) shall be appraised according to the highest productivity value of agricultural land.(d) To avoid double taxation, the productive capacity value for the one acre beneath the residence(s) on agricultural land must be subtracted from the productivity value for the entire property ownership.(2) A market value determination will be made for each one-acre area beneath each residence(s) which is located on nonqualified agricultural land. (a) Occupancy of the residential improvement for the purpose of applying this rule shall be irrelevant.(b) A single one-acre market value determination will be made when multiple residences are located on the same one-acre area.(c) Each one-acre area beneath a residential improvement on nonqualified agricultural land as defined in (2) shall be appraised according to market value consistent with that of comparable land.(d) If the one acre of land is located on a nonqualified agricultural parcel of land that is many miles from a suburban area, the market value assigned to the one-acre area will be consistent with the market value of comparable land. In no case will the market value be lower than the lowest market value assigned to improved tracts within the county.(e) If the one acre of land is located on a nonqualified agricultural parcel of land that is near a suburban area, the market value assigned to the one-acre area will be consistent with the market value of surrounding suburban land.(f) To avoid double taxation, the statewide average productivity value of the grazing land for the one acre beneath the residence(s) on nonqualified agricultural land improvements must be subtracted from the productivity value for the entire property ownership.(3) No specific site improvement values for water systems and septic systems will be added to the one-acre land values determined in (2)(d) and (e).Mont. Admin. r. 42.20.655
NEW, 1985 MAR p. 2025, Eff. 12/27/85; AMD, 1993 MAR p. 3048, Eff. 12/24/93; AMD, 1996 MAR p. 1172, Eff. 4/26/96; TRANS from ARM 42.20.134 and AMD, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2010 MAR p. 549, Eff. 2/26/10.15-1-201, MCA; IMP, 15-6-134, 15-7-103, 15-7-201, 15-7-202, 15-8-111, MCA;