48-5-604. Certification as qualified timberland property; requirements; annual updating; audit; filing with county tax officials.

Upon application by a qualified owner, the commissioner shall certify as qualified timberland property any timberland property that is titled to a qualified owner, provided that:#

1. (1)

   The timberland property is at least 50 contiguous acres;#

2. (2)

   The production of trees on the timberland property is being done for the purpose of making a profit and is the primary activity taking place on the property;#

3. (3)

   A consistent effort has been clearly demonstrated in land management in accordance with accepted commercial forestry practices, which may include reforestation, periodic thinning, undergrowth control of unwanted vegetation, fertilization, prescribed burning, sales of timber, and maintenance of firebreaks; and#

4. (4)

   Such qualified owner:#

   1. (A)

      Submits a list of all parcels to the commissioner that contain timberland property and that identify the specific portions of such parcels that such owner certifies are timberland property; and#

   2. (B)

      Certifies that such timberland property is used for the bona fide production of trees and that:#

      1. (i)

         There is a reasonable attainable economic salability of the timber products within a reasonable future time; and#

      2. (ii)

         The production of trees is being done for the purpose of making a profit and is the primary activity taking place on the property.#

1. (1)

   The qualified owner’s submission provided for in paragraph (4) of subsection (a) of this Code section shall be certified by the qualified owner through the submission of an affidavit. Such submission shall be updated annually through the submission of a new affidavit filed together with such qualified owner’s return required by subsection (a) of Code Section 48-5-601. For each application or annual update, a qualified owner shall be entitled to submit one such affidavit covering all of the qualified owner’s timberland property. With respect to the provisions of subparagraph (a)(4)(B) of this Code section, the requirements shall be satisfied through an attestation by the qualified owner in the required affidavits that the timberland property is used for the bona fide production of trees and is consistently managed with generally accepted commercial forestry practices. If such conditions are not met annually, the real property at issue shall be decertified as qualified timberland property and the commissioner shall notify the respective county tax officials of such decertification by April 15 of the respective year.#

2. (2)

   The commissioner shall be authorized to conduct an audit of any list submitted pursuant to this Code section.#

3. (3)

   With respect to the list of all parcels that contain timberland property that is required to be submitted to the commissioner pursuant to subparagraph (a)(4)(A) of this Code section, the commissioner shall accept:#

   1. (A)

      A parcel map drawn by the county cartographer or GIS technician and signed by the county board of assessors and qualified owner;#

   2. (B)

      A legal description of the property;#

   3. (C)

      A plat of the property prepared by a licensed land surveyor showing the location and measured area of the parcel; or#

   4. (D)

      A written legal description of the property delineating the metes and bounds and measured area.#

4. (4)

   With respect to the certification that such timberland property is used for the bona fide production of trees that is required pursuant to subparagraph (a)(4)(B) of this Code section, the qualified owner shall not be required to submit a simple Forest Management Plan.#

The commissioner shall file certifications of qualified timberland property with the respective county tax officials in which any of such real property exists by April 15 each year.#