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Advice of how to make Ag/Timber Exemption on property tax

6,217 Views | 35 Replies | Last: 3 yr ago by Courtesy Flush
mhnatt
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5-20 acres in Brazos co depending on how we replat, and looking for counsel on how to place into any ag, wildlife exemptions. Currently no exemption. Already looked into bees which is an option but we'd prefer also seeing what other ways to do this. Is there any expert counsel in the area?

Rex Racer
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Goats will help keep your landscape under control.
zaab
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I may be wrong here but it may depend on the county and how many acres you have to have as a minimum. Ive got 5 and they are debating to make the min 10. (Denton county) We have Donkeys and bees as a back up exemption
schwack schwack
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I heard that in some counties that you can't get a wildlife exemption if you've never had another form of Ag exemption. I don't know.

We have a timber exemption & will look into a wildlife one at some point because we hate the idea of ever cutting because it is beautiful.

edit: Here in Anderson Co. the timber exemption is 20 acres - not sure about Brazos Co.
WaldoWings
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I know in McLennan County they have a policy. You have to have enough land to support 3 animal units. So you would need either 45 acres of native open grazing or 15 acres of improved grasses. Then I guess you would need those animals actually out there. I'm going off of memory on the USDA carrying capacities but I'm pretty sure those are correct.

Probably all county specific.
ghollow
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It has to be in ag exemption at least 5 years before you can switch it over to wildlife exemption. At least that was what we had to do in Callahan County. We leased our pasture to a neighbor to graze his cows for 5 years. In exchange, we got a covered parking spot in his barn for our tractor. Five years later, we obtained our ag exemption. He still grazes his cows on our place when he needs it. He just does not do it during deer season.

Talk to your county tax assessor about your particular situation. They can explain what you will need to do in order to get an ag exemption and will discuss options with you
So the greatest civilization is one where all citizens are equally armed and can only be persuaded, never forced. It removes force from the equation... and that's why carrying a gun is a civilized act.
CS78
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It's actually in ag use for 5 years to get the ag exemption. Then you can move to wildlife the next year. PIA either way.
montanagriz
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If you have land in ag exemption but move to wildlife exemption is it hard to move back to ag exemption from wildlife exemption?
Shoefly!
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They won't allow both?
Wearer of the Ring
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Do In-Laws count as donkeys?
txags92
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Shoefly! said:

They won't allow both?
Wildlife valuation is not actually an "exemption" in that it won't stack on the ag exemption. It is just a category of ag valuation that is based on managing for habitat instead of ag use. When doing the wildlife valuation, you get the same value assigned to the land as you would with an ag exemption.
txags92
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montanagriz said:

If you have land in ag exemption but move to wildlife exemption is it hard to move back to ag exemption from wildlife exemption?
No. You just have to fill out a new 1-d-1 ag application, but the wildlife management you have been doing is still considered an agricultural use, so it counts towards satisfying the 5 of 7 years in ag use requirement.
cryption
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We Converted from cattle to wildlife a few years back and used this company. Good Ag and he answered all my questions, came out to the property and spent a day with me to build a wildlife plan. You can tell him your situation and will know what needs to happen. They even reached out to my county tax assessor for me

https://landmarkwildlife.com/
ghollow
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CS78 said:

It's actually in ag use for 5 years to get the ag exemption. Then you can move to wildlife the next year. PIA either way.
You are correct sir. We were required to do ag use for 5 years before we could get the exemption. It is my understanding that we have to do another 5 years in ag exemption if we want to change to wildlife. As long as my neighbor wants to continue to run his cattle on our place in the summer, we will probably just stay in ag exemption.
So the greatest civilization is one where all citizens are equally armed and can only be persuaded, never forced. It removes force from the equation... and that's why carrying a gun is a civilized act.
mhnatt
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ghollow said:

CS78 said:

It's actually in ag use for 5 years to get the ag exemption. Then you can move to wildlife the next year. PIA either way.
You are correct sir. We were required to do ag use for 5 years before we could get the exemption. It is my understanding that we have to do another 5 years in ag exemption if we want to change to wildlife. As long as my neighbor wants to continue to run his cattle on our place in the summer, we will probably just stay in ag exemption.

Wildlife is 5+1 (1 year after Ag, and Ag takes 5 years).
txags92
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mhnatt said:

ghollow said:

CS78 said:

It's actually in ag use for 5 years to get the ag exemption. Then you can move to wildlife the next year. PIA either way.
You are correct sir. We were required to do ag use for 5 years before we could get the exemption. It is my understanding that we have to do another 5 years in ag exemption if we want to change to wildlife. As long as my neighbor wants to continue to run his cattle on our place in the summer, we will probably just stay in ag exemption.

Wildlife is 5+1 (1 year after Ag, and Ag takes 5 years).
This correct. To go to wildlife, you just have to have been in ag valuation at least 1 year. So 5+1 is correct.
Cornutum92
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The way the Code book reads you have to have a history of ag use for at least 5 of the previous 7 years. This means 5 years of building history. Sixth year ag use is obtained. Seventh year you can move to wildlife management for your ag use.
mhnatt
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Thanks all. I'm aware of the time frame. I'm more interested in finding someone who can consult with us on how to best navigate and apply for the exemption. It seems like there are lots of angles one can take (birds, protecting endangered flora, bees, etc.), how I can split the plat, and how one handles this now can matter when the 5th year arrives whether or not it will be accepted/declined. I'm not sure if the Tax Office would be as helpful as I hope. Thanks!
txags92
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Cornutum92 said:

The way the Code book reads you have to have a history of ag use for at least 5 of the previous 7 years. This means 5 years of building history. Sixth year ag use is obtained. Seventh year you can move to wildlife management for your ag use.
Yes, that is what MNatt said and what I agreed with. What Ghollow was saying was that you had to 5 years to get ag, and then another 5 years in ag before you can move to wildlife, which is incorrect.
cavscout96
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1. Ag and Timber is a sales tax exemption for some categories of goods bought to support production of agricultural goods timber

2, Ag use valuation, as stated previously, is not and exemption. It is a reclassification of the value of your property based on its ag production potential instead of fair market value. You actually pay the same taxes and the same tax rate, but on a dramatically lower value.

3. You have to be in ag production for 5 years before you see the valuation applied.

4. You have to be classified as ag for a period of time prior to transitioning into wildlife management. Not sure the time requirement.

the single best resource for all of this info and any legal topics surrounding ag in Texas is Tiffany Lashmet.

She works for AgriLife and you can find her stuff here:

Agrilife AgLaw BLOG
cavscout96
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not shockingly, BCAD doesn't appear to have any 1-d-1 guidelines publicly posted.

here is the state doc, easy ready. Note principle use and intensity discussions.

https://comptroller.texas.gov/taxes/property-tax/docs/96-300.pdf
jrbaggie
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If property has no ag valuation on it then it has to be in ag use for five years prior to getting approved. Can get ag exemption in 6th year and convert to wildlife in the 7th year. This also applies to timber exemptions.

You can go back and forth between ag/timber and wildlife if you so choose. I don't understand any logic behind this but you can if you so desire.

You cannot get a wildlife exemption without the property first being under ag/timber.

And technically, it is not an exemption but a special valuation. Whatever your property is before the wildlife valuation is the taxable value for wildlife. Otherwise, if you have a timber exemption on it and go to wildlife, then the valuation will be based on timber value. There is no valuation for wildlife, only ag or timber.
cavscout96
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If I lived on acreage in Brazos County, I'd get as much of the place as possible into ag use. The way they have been on their valuations recently is ridiculous.

Glad we got out when we did.
WaldoWings
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Wearer of the Ring said:

Do In-Laws count as donkeys?


Dude…. That is probably the best post I have ever seen on any texags forum. My utmost respect.
cavscout96
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here are the guidelines for Burleson county as an example.

includes definitions and intensity guidelines.

https://burlesonappraisal.com/wp-content/uploads/2015/11/031116-VALUATION-OF-OPEN-SPACE-LAND-ag.pdf

txags92
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cavscout96 said:

not shockingly, BCAD doesn't appear to have any 1-d-1 guidelines publicly posted.

here is the state doc, easy ready. Note principle use and intensity discussions.

https://comptroller.texas.gov/taxes/property-tax/docs/96-300.pdf
https://brazoscad.org/wp-content/uploads/2015/09/WDLF-2015-SUMMARY-GUILDLINES.pdf

Not much, but it is what they have...
mhnatt
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txags92 said:

cavscout96 said:

not shockingly, BCAD doesn't appear to have any 1-d-1 guidelines publicly posted.

here is the state doc, easy ready. Note principle use and intensity discussions.

https://comptroller.texas.gov/taxes/property-tax/docs/96-300.pdf
https://brazoscad.org/wp-content/uploads/2015/09/WDLF-2015-SUMMARY-GUILDLINES.pdf

Not much, but it is what they have...


Good find. Thanks!
B-1 83
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cryption said:

We Converted from cattle to wildlife a few years back and used this company. Good Ag and he answered all my questions, came out to the property and spent a day with me to build a wildlife plan. You can tell him your situation and will know what needs to happen. They even reached out to my county tax assessor for me

https://landmarkwildlife.com/
There are posters on this board who do that very thing……..
Being in TexAgs jail changes a man……..no, not really
GSS
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cavscout96 said:

here are the guidelines for Burleson county as an example.

includes definitions and intensity guidelines.

https://burlesonappraisal.com/wp-content/uploads/2015/11/031116-VALUATION-OF-OPEN-SPACE-LAND-ag.pdf


Burleson county hands out wildlife exemptions like Halloween candy. When 300+ acres across from us was sold, and divided into 20+ lots, some landowners continued to allow a leaser to run cattle, but many filed for Wildlife exemption....and got it. Primarily 6-11 acre tracts, houses now on most (definitely not conducive to wildlife), and several look like a park, very nice, a few scattered trees, no brush...but zero to do with wildlife.
And the majority used mesh or field fencing, further restricting critter movement.

When Burleson CAD was told of the scenarios, the response was "they filed the proper paperwork, we can't deny them their right". I asked if anyone from the CAD office had actually visited the properties, for verification. "No"....
NRA Life
TSRA Life
BrazosDog02
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We did wildlife on our place. The ocbty assigned a biologist for us. Didn't cost a penny. They came up with a plan, we followed it exactly. It's an epic pain in the as if you are truly doing it right a the county sticks to requirements. We submitted a book nearly 4" thick of records and photographs every. Single. Year.

The county would yank that exemption really quick if you didn't and they didn't **** around.

Cattle are way easier in terms of paperwork.
B-1 83
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BrazosDog02 said:

We did wildlife on our place. The ocbty assigned a biologist for us. Didn't cost a penny. They came up with a plan, we followed it exactly. It's an epic pain in the as if you are truly doing it right a the county sticks to requirements. We submitted a book nearly 4" thick of records and photographs every. Single. Year.

The county would yank that exemption really quick if you didn't and they didn't **** around.

Cattle are way easier in terms of paperwork.
Amen. Some are really picky on the plans and annual report. The ladies in Duval County loved one I made there a while back, and said they'd never seen one so detailed. It doesn't hurt to do more than the minimum practices, just in case stuff happens.
Being in TexAgs jail changes a man……..no, not really
Brazos1865
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The folks at Plateau Land & Wildlife Managemant are good people and are familiar with Brazos County. They set up a plan for us and I would them again in a minute. They run special pricing certain times of the year.
Ribeye-Rare
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Quote:

Burleson county hands out wildlife exemptions like Halloween candy.
It really helps the county budget (and takes pressure off of rural landowners) when you've got as many producing oil wells to tax as they do.

Other counties don't have that luxury and some will make landowners jump through flaming hoops to get (and keep) a special valuation.
cavscout96
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GSS said:

cavscout96 said:

here are the guidelines for Burleson county as an example.

includes definitions and intensity guidelines.

https://burlesonappraisal.com/wp-content/uploads/2015/11/031116-VALUATION-OF-OPEN-SPACE-LAND-ag.pdf


Burleson county hands out wildlife exemptions like Halloween candy. When 300+ acres across from us was sold, and divided into 20+ lots, some landowners continued to allow a leaser to run cattle, but many filed for Wildlife exemption....and got it. Primarily 6-11 acre tracts, houses now on most (definitely not conducive to wildlife), and several look like a park, very nice, a few scattered trees, no brush...but zero to do with wildlife.
And the majority used mesh or field fencing, further restricting critter movement.

When Burleson CAD was told of the scenarios, the response was "they filed the proper paperwork, we can't deny them their right". I asked if anyone from the CAD office had actually visited the properties, for verification. "No"....
my county does inspection once every three years and we keep all of our records. Most of ours is habitat and supplemental water. We also rotational graze and do supplemental feeding.
BrazosDog02
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B-1 83 said:

BrazosDog02 said:

We did wildlife on our place. The ocbty assigned a biologist for us. Didn't cost a penny. They came up with a plan, we followed it exactly. It's an epic pain in the as if you are truly doing it right a the county sticks to requirements. We submitted a book nearly 4" thick of records and photographs every. Single. Year.

The county would yank that exemption really quick if you didn't and they didn't **** around.

Cattle are way easier in terms of paperwork.
Amen. Some are really picky on the plans and annual report. The ladies in Duval County loved one I made there a while back, and said they'd never seen one so detailed. It doesn't hurt to do more than the minimum practices, just in case stuff happens.


It sucked but I appreciate it. I mean, this seems like it has a tremendous potential for abuse and half assing, so I like it when they call it. If you're gonna do it, do it right and play by the rules.

The best part is that I had marked improvement with my wildlife after a few short years. It was a good thing.
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