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The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

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Page 1: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA):

A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Page 2: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Economic Factors Influence How Land Is Used

Page 3: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Tipping the Scales toEncourage Land Conservation

In 1992, State enacts the Conservation Use Valuation Assessment Program

(CUVA)

Page 4: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

CUVA Program• Provides a tax incentive for non-corporate landowners to:

• Ease development pressures• Conserve open space• Provide tax relief for “Bona Fide” agriculture and forestry uses

• Lowers property taxes on agriculture and forestry land • Reduces incentive to clear land in residential transition areas• Protects vulnerable areas• Property is assessed at 40% of current use value, reducing the tax

even more than an assessment at 40% of fair market value

Page 5: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

How Does the CUVA Program Work?• The Georgia Revenue Commission:

• Annually sets values for ad valorem tax purposes on conservation land• Publishes rules and regulations to help county tax assessors determine the

values of property that qualify for conservation use assessment

• Landowners sign a 10-year covenant with the state to keep land in current use less than 2,000 acres• Minimum land areas are set by the Board of Commissioners• Crawford County requires a 10-acre minimum, but exceptions are made to

as little as three acres• Business, corporation, partnerships do not qualify

Page 6: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

How is the Valuation Set?• What are the “current use valuations”?

• Established by the Dept. of Revenue for the purpose of prescribing the current use values for conservation use land

• The state is divided into nine Forest Land Protection Act Valuation Areas

• Taxation amounts emphasize current use valuation as opposed to fair market valuation• Savings of greater than 90% possible in high property tax counties

Page 7: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Taxation Amounts – CUVAVA/FLPAVA #5 Region

• Table of per-acre values: W1-580, W2-536, W3-493, W4-452, W5-409, W6-367, W7-323, W8-280, W9-233, A1-641, A2-558, A3-519, A4-475, A5-424, A6-361, A7-297, A8-234, A9-172

Page 8: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

What Does This Mean in Real Dollars for Crawford County?

$65,719,820 @ .02628 = $1,727,116$13,760,341 @ .02628 = $ 361,621

DIFFERENCE: $1,365,495

There is no reimbursement from the state to assist the county with the loss of tax revenues as a result of CUVA

2009 FMV 40% CUVA 40%

753 parcels(75,034 acres)

$164,299,549 $65,719,820 $34,400,853 $13,760,341

Page 9: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Forest Land Protection Act (FLPA)• Implemented after voter approval in the Nov. 2008 elections

• Increased the number of eligible landowners able to receive the conservation tax benefit by removing acreage and ownership restrictions

• Requires landowners to maintain their land in a qualified use for 15 years

Page 10: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

How the FLPA Works• Eligible tracts must be used for subsistence or commercial production of trees,

timber, or other wood and wood fiber products – the value of any residences on the property are excluded

• Properties must be a minimum of 200.01 acres – unlike CUVA, there is no maximum acreage cap

• Eligible landowners can be individuals or any entity registered to do business in Georgia and are not required to be U.S. citizens

• 2008 values are used to calculate tax amounts for the entire 15-year exemption

• State to reimburse counties half the lost revenues up to 3% of the digest; anything above that amount would be reimbursed at a rate of 100%

Page 11: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Impact to Crawford County in Year 1 (2009)

Using 2008 values as the baseline to calculate the impact on the tax digest$6,714,603 @ .02628 = $176,459$3,345,112 @ .02628 = $ 87,909

DIFFERENCE: $ 88,540State’s reimbursement was $36,578 net loss to Crawford CO./BOE: $51, 962

Using current (2009) fair market values$8,736,415 @ .02628 = $229,592

$3,345,112 @ .02628 = $ 87,909 DIFFERENCE: $ 141,683

State’s reimbursement was $36,578 net loss to Crawford Co./BOE: $105,105

2009 FMV 40% 2008 FMV 40% FLPAVA 40%

49 parcels(22, 152 acres)

$21,841,039 $8,736,415 $17,612,115 $6,714,603 $8,141,712 $3,345,112

Page 12: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Impact to Crawford County in Year 2 (2010)

Using 2008 values as the baseline to calculate the impact on the tax digest$13,268,422 @ .02628 = $348,694$ 6,155,466 @ .02628 = $161,765

DIFFERENCE: $186,929Anticipated State reimbursement: $93,078 loss to Crawford Co./BOE: $93,851

Using current (2009) fair market values$17,415,847 @ .02628 = $457,688$ 6,155,466 @ .02628 = $161,765

DIFFERENCE: $295,923Anticipated State reimbursement: $93,078 loss to Crawford Co./BOE: $156,306

2010 FMV 40% 2008 FMV 40% FLPAVA 40%

74 parcels(40,324 acres)

43,539,619 $17,415,847 $33,996,677 13,268,422 $15,388,667 $6,155,467

Page 13: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Long Term Impacts of FLPA

Page 14: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Cumulative Impact on Crawford County

TAX EXEMPTION AMOUNT DUE TO CUVA (ANNUAL) $1,365,495TAX EXEMPTION AMOUNT DUE TO FLPA (ANNUAL) $ 156,306

TOTAL EXEMPT FY10: $1,521,801

Pre-FLPA 2008 VALUES

Post-FLPA State Reimbursement

Value Final Position CurrentFMV Position

FY 2009 $176,459 $87,909 $36,578 ($51,962) ($105,105)

FY 2010 $348,694 $161,765 $93,078 ($93,851) ($156,306)

TOTALS ($145,813) ($261,411)

Page 15: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

2010 Crawford County Acreage By Covenant(Crawford County Total Acreage = 205,570)

Existing Pending/EligibleAcres Of

totalAcres Of total

Preferential 3,834 2% 3,834 2%CUVA 75,034 37% 75,034 37%FLPA 42,091 21% 73,496 36%Total in Conservation

120,570 59% 152,364 75%

Page 16: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

2010 Conservation Acreage in Crawford CountyPending/Eligible

FLPA Parcels31,405 acres

59% 75%CUVA

FLPAPending/Eligible FLPA Parcels

Page 17: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Conclusion• Land conservation cost Crawford

County a total $1.6 million a year, ($800,000 County) amounting to 20% of the County’s total digest

• In the last 10 years, the County grew by 135 people

• Can rural Georgia continue to bear the cost of land conservation?

Page 18: The Conservation Use Value Assessment Program (CUVA) and Forest Land Protections Act (FLPA): A Discussion of Real-Life Tax Revenue Impact on Rural Counties

Pat Kelly, County ManagerCrawford [email protected]