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42.20.603    STEPS NECESSARY TO VALUE AGRICULTURAL LAND THAT DOES NOT HAVE A PUBLISHED SOIL SURVEY

(1) Denied access (DA) lands do not currently have any agricultural use productivity information associated with them from a published soil survey.

(a) When denied access lands are encountered in the department's efforts to assign a productivity to an agricultural use, the department will use Geographic Information System (GIS) technology to determine the highest level of productivity in the same agricultural use from the surrounding soils within one mile of the DA land and will assign the highest level of productivity to the denied access lands.

(b) Where an inadequate number of acres within the same use class with productivity information are not identified in the one-mile buffer routine, the buffer routine is expanded to include all acres with the same use and productivity information within five miles of the DA property. On occasion the buffer routine is expanded to 20 miles to ensure that an adequate number of acres with soils productivity information and in the same use are identified.

(c) When the owner of the land makes arrangements with the Natural Resource Conservation Service (NRCS) and provides written proof to the department that an arrangement has been made to have a soil survey conducted on their lands, the department will use GIS technology to determine the average level of productivity in the same agricultural use from the surrounding soils within one mile of the denied access land and will assign the average level of productivity to the denied access lands.

(d) Upon completion of the soil survey by the NRCS the department will apply the productivity of the soil to the agricultural use as indicated in the published soil survey.

(e) When the department receives the information in (b) or (c) above within 30 days of receipt of the assessment or the 1st Monday in June, the department will make the adjustments for the current tax year. If the information is received after that date, it will be adjusted for the following tax year.

(2) Not completed (NOTCOM) lands do not have any agricultural use productivity information associated with them from a published soil survey.

(a) When NOTCOM lands are encountered in the department's efforts to assign a productivity to an agricultural use, the department will use GIS technology to determine the average level of productivity in the same agricultural use from the surrounding soils within one mile of the NOTCOM land and will assign the average level of productivity to the NOTCOM lands.

(b) Where an inadequate number of acres within the same use class with productivity information are not identified in the one-mile buffer routine, the buffer routine is expanded to include all acres with the same use and productivity information within five miles of the NOTCOM property. On occasion the buffer routine is expanded to 20 miles to ensure that an adequate number of acres with soils productivity information and in the same use are identified.

(c) Upon completion and publication of the soil survey by the NRCS the department will apply the productivity of the soil to the agricultural use as indicated by the published soil survey.

History: 15-7-111, MCA; IMP, 15-7-201, 15-7-202, 15-7-208, MCA; NEW, 2010 MAR p. 549, Eff. 2/26/10.

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