CLEAN AND GREEN or she pay thousands of dollars
MORE MISUNDERSTOOD additionally in rollback taxes.
THAN IT NEEDS TO BE When the farmer tells me
When a fanner wants to talk about the problem, I think too
to me about Pennsylvania’s often to myself that it could have
Clean and Green Act and “roll- easily been avoided if the farmer
back taxes” is mentioned early in had some basic understanding of
their conversation, it usually Clean and Green Act and had
means that the farmer is facing a given a little thought prior to his
serious problem. He or she has or her action.
done something on the farm to Many complain about how
cause a notice from the county “complex” the Clean and Green
tax assessor demanding that he Act is. But in my experience, it is
Ifemr hsmm toty
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not the gray areas of the law that
cause farmers to be socked with
rollback taxes. It is the simple
and clear portions of that Act in
which many farmers make costly
mistakes, simply because they
don’t understand the basic rules
and they don’t make a conscious
effort to assess the potential con
sequences of changes they make
to their properties.
Landowners enrolled in clean
and green can suffer a serious
financial hurt if they accidentally
allow rollback taxes to be trig
gered. But I don’t believe the cir
cumstances that trigger rollback
taxes are as difficult to under
stand as some landowners might
think.
With a reasonable awareness
of the activities that are being
performed on the property and a
general understanding of the re
strictions that are imposed on
lands enrolled in clean and green,
many landowners can leam to
avoid the pitfalls that some un
suspecting but poorer landowners
have fallen into. Certainly the tax
benefits that landowners can re
ceive from enrollment in Clean
and Green are worth the effort to
understand and avoid the situa
tions that can trigger rollback tax
consequences.
Let me offer several prac
tical suggestions to help you
avoid the unintended but
costly triggering of rollback
taxes:
• Know whether your
land is enrolled in Clean and
Green. You would be sur
prised how many landown
ers do not know or have for
gotten that their land is
enrolled in Clean and Green
because the enrollment was
done many years ago or was
done by a prior landowner.
• If part of your land is
enrolled in Clean and Green
and part of your land is not,
know exactly and be able to
demonstrate where the
boundaries between the
Clean-and-Green land and
non-Clean-and-Green land
are. Landowners have trig-
Ideal
Conveyor
Widths
16” -20”
24” - 30”
Lancaster Farming, Saturday, Novernber 1, 20Q3-A3l
gered rollback taxes because they amount of rollback taxes,
developed land they mistakenly • Be very careful whenever
believed was outside the Clean you are considering subdividing
and Green land area. Also, the your Clean and Green land,
county tax assessor may seriously Some subdivisions of Clean and
challenge your claim that you are ' Green land will not trigger any
developing non-Clean-and-Green rollback consequences. Some will
land if you are not able to clearly trigger limited consequences and
prove it. some will trigger serious rollback
•Be very careful when you consequences. The end result will
are considering making any depend on how the land is subdi
changes in the use of your prop- vided. Make sure you understand
erty. A change in use of your the tax consequences of the sub
property or any portion of your division you want to achieve,
property to one that is not au- • Be especially careful when
thorized in the Clean and Green you are considering subdividing
Act should trigger rollback taxes, small parcels of your Clean and
If your farm is enrolled in Clean Green land for family homes,
and Green as “agricultural use,” The Clean and Green Act allows
any activity on clean and green (with minor rollback conse
land that is not related to the quences) land to be subdivided
production of agriculture is likely or residential purposes (called a
to trigger roll-back taxes, even if “split-off”). But the rules govem
the activity has little or no impact JPB these subdivisions are strict,
on your farm productivity or is There are limitations in the
performed for a short period of a fs oun * of land you can subdi
time. Nonfarm activities will not v ‘ d f “ cl * y«» r . the u tota > amount
save you from roll-back taxes a^i a I? d that can he subdivided,
merely because other farmers and the particular uses that can
may do them. If on ,and ® s “ bdl :
•Be very careful when you vided. Make sureyouunderstand
are considering operating aL- s C ° mply Wlth theSC I,m,ta '
ond business on Clean and Green .
land The Clean and Green Art Thmk “fore y OU aCt Man y
land, ihe Clean and Green Act landowners have tri ggered roll
does not absolutely prohib. an back taxes merel th
owner of “agricultural use land acted without any serioi / s
from conducting a fann market th ht of the limit ati o ns in land
or a non-agricultural business on US£ Clean and Green Act im .
Clean and Green (and. But there p oses _ Any thoughts of perform
are limitations on the types of j n g an activity that is inconsistent
businesses that may be con- with category of Clean and
ducted, the amount of land that Green your land is enrolled
may be used, and who may oper- (farming, forestry, or open space)
ate the business. And even if you should automatically cause you
do meet these limitations, there to think about the potential for
will be a limited assessment of rollback consequences and cause
rollback taxes on the area you use you to seek a better understand
for the business. Make sure you i„ g 0 f the likelihood that your ac
understand and comply with tions will trigger rollback taxes
these limitations in order to avoid and less costly alternatives that
being socked with the highest may be available.
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