<?xml version='1.0' encoding='utf-8'?>
<unit kind="subdivision" number="5L" name="Urban Agricultural Property Tax Credit" slug="subdivision-5l" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD5LURAGPRTACR">
  <section number="10-235.22" name="Urban agricultural property tax credit" law="code" slug="sec-10-235.22" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD5LURAGPRTACR_S10-235.22URAGPRTACR">
    <level label="a">
      <text>In accordance with the provisions of Section 9-253 of the Tax-Property Article of the Annotated Code of Maryland, the owner of real property may receive a property tax credit against the County portion of property tax on urban agricultural properties.</text>
    </level>
    <level label="b">
      <text>For the purpose of this Section, the following terms have the meanings indicated:</text>
      <level label="1">
        <text>"Urban agricultural property" means real property that is:</text>
        <level label="A">
          <text>at least one-eighth of an acre and not more than five (5) acres;</text>
        </level>
        <level label="B">
          <text>located in a priority funding area, as defined in Section 5-7B-02 of the State Finance and Procurement Article of the Annotated Code of Maryland;</text>
        </level>
        <level label="C">
          <text>used for urban agricultural purposes; and</text>
        </level>
        <level label="D">
          <text>zoned for agricultural uses or permitted as an urban farm pursuant to the Subtitle 27 - Zoning Ordinance of Prince George's County.</text>
        </level>
      </level>
      <level label="2">
        <text>"Urban agricultural purposes" means crop production activities, including the use of mulch or cover crops to ensure maximum productivity and minimize runoff and weed production.</text>
      </level>
      <level label="3">
        <text>"Value" means the amount equal to:</text>
        <level label="A">
          <text>the gross income that is actually received from sales of agricultural products produced on site; or</text>
        </level>
        <level label="B">
          <text>for products that are distributed free or at less than applicable market prices, the gross income that could reasonably be assumed to be received from sale of those products at market prices.</text>
        </level>
      </level>
    </level>
  </section>
  <section number="10-235.23" name="Credit qualification" law="code" slug="sec-10-235.23" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD5LURAGPRTACR_S10-235.23CRQU">
    <text>In order to qualify for a property tax credit, a parcel of land or, any portion thereof:</text>
    <level label="a">
      <text>shall be an urban agricultural property that is being used for urban agricultural purposes;</text>
    </level>
    <level label="b">
      <text>may not be used for any other for-profit purpose that would subject the parcel to property tax liability; and</text>
    </level>
    <level label="c">
      <text>unless a waiver is granted under Subsection (d), shall produce agricultural products valued at Two Thousand Five Hundred Dollars ($2,500) or more per tax year.</text>
    </level>
    <level label="d">
      <text>A waiver may be granted for start up properties for up to two (2) years or for a declared natural disaster or drought.</text>
    </level>
  </section>
  <section number="10-235.24" name="Credit application and verification" law="code" slug="sec-10-235.24" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD5LURAGPRTACR_S10-235.24CRAPVE">
    <level label="a">
      <text>The Director of Finance shall require an owner to verify product value by providing information to include but not limited to copies of sales receipts or invoices, provide an IRS Schedule F or C, IRS 990 series form if the owner is a non-profit and, if relevant, evidence of current market rates.</text>
    </level>
    <level label="b">
      <text>Application for the tax credit established herein shall be made under oath on an application provided by the Director of Finance. The application shall provide a legal description of the property and such other information or documentation as the Director may require to determine whether the applicant can qualify for the tax credit. The applicant for the tax credit shall submit the application on or before April 1st of each year.</text>
    </level>
    <level label="c">
      <text>The Director of Finance in coordination with the Prince George's Soil Conservation District shall determine the eligibility of the taxpayer for the tax credit and notify the State Department of Assessments and Taxation that a taxpayer has been approved for the property tax credit and the assessed value of the premises.</text>
    </level>
    <level label="d">
      <text>The amount of credit granted under this Subdivision is equal to the amount of property tax that would otherwise be imposed on the property, less the amount of any other credit applicable to the property in that tax year.</text>
    </level>
    <level label="e">
      <text>The term of a tax credit shall be granted for one (1) year.</text>
    </level>
    <level label="f">
      <text>The property owner may reapply each year.</text>
    </level>
    <level label="g">
      <text>At any time during the period for which a property tax credit under this Subdivision is granted for urban agricultural property, if the property ceases to be used for urban agricultural purposes, the owner of the property shall be liable for all property taxes that would have been imposed if a property tax credit for urban agricultural property had not been granted.</text>
    </level>
    <level label="h">
      <text>During any fiscal year, the total of all tax credits granted under this Subdivision shall not exceed One Hundred Thousand Dollars ($100,000). Each applicant is limited to an annual credit of Five Thousand Dollars ($5,000). Tax credits shall be granted in the order in which the Office of Finance receives the complete application under Subsection (b) of this Section. If a complete application granted would cause the limit set forth in this Subsection to be exceeded, the tax credit shall be granted in the next fiscal year or years and in the order received.</text>
    </level>
  </section>
  <section number="10-235.25" name="Reporting requirements" law="code" slug="sec-10-235.25" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD5LURAGPRTACR_S10-235.25RERE">
    <text>The Director of Finance shall provide an annual report to the County Council on the property tax credit for urban agricultural property on or before December 31st of each year for the previous fiscal year, to include:</text>
    <level label="a">
      <text>the number of applications received;</text>
    </level>
    <level label="b">
      <text>the number of applications denied;</text>
    </level>
    <level label="c">
      <text>the number of tax credits approved; and</text>
    </level>
    <level label="d">
      <text>the location by Councilmanic district of the number of applications received, denied and the amount of tax credit approved.</text>
    </level>
  </section>
</unit>
