Minimum ac for Ag/wildlife exemption

[joel45acp]

So, the lady at the tax office in Edwards Co says I need 50ac to be considered for Ag exemptions. Does that sound right? I was under the impression I needed at least 5ac or am I off? Any input would be great. Thanks

[JONES45LC]

I’m not sure about acreage amount , but you have to build history with tax office you basically have to apply for 5 years to be approved mine goes in effect as of 1-1-2020.
I have mouflon, Texas dall, and Corsican rams .


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[44mAG]

In most counties it's 10

[BubRay]

In most counties it's 10

This^^^

[texan16]

Must vary from county to county. I have 15 acres and have ag exemption.

[TKRanch]

Different counties different amounts. No standard.

[CentexRancher]

The first bolded section on page 4 seems to confirm what you've heard. Says that it "recommends", so not sure if that's something set in stone. You may able to find out if you read the document a bit more. I'm not in Edwards county so didn't care to search the whole document.


The link below is a pdf of EDWARDS CENTRAL APPRAISAL DISTRICT Agricultural Valuation Guidelines. See page 4.

https://50074287-6f47-449c-b41c-15be8a082573.filesusr.com/ugd/7da7c5_4d135f669e45406fbd16afa24e31be45.pdf

"The Edwards Central Appraisal District recommends a 50-acre minimum land parcel for agricultural and wildlife management special valuation in Edwards County."

[doghouse]

Different counties different amounts. No standard.

^^^^^ This is what I have heard.

[joel45acp]

Thanks gents. The lady I spoke to at the tax office didn’t seem very interested in talking to me since my SOT was less than the 50ac she mentioned. Gotta do more digging cuz “recommended” is different than “required”

[meltingfeather]

varies by county

[Mule Skinner]

Edwards County is squirrelly. A few years ago I sent in my Wildlife plan to ECAD to go from Ag to Wildlife and was mailed a letter saying it was approved. I few days later they sent me another letter saying it was denied because my 30 acres didn’t meet their minimum acreage requirement.

I called the chief appraiser and politely argued that all of the TPWD Wildlife valuation documents state that there are no minimum acreage requirements. All to no avail. So, essentially, Edwards County supersedes state law. A total load of BS.

OP, I implore you to do your research. All of the regulations can be found on the TPWD web site. File a plan and if it’s denied for not meeting minimum acreage, the options are to hire a lawyer (expensive) or go with an outfit like Plateau, which will cost about $2,000. The thing is, if you go with Plateau you’re essentially paying them to do what will take you a few hours to do, with the exception that they will likely get your plan approved when they file it.

Yeah, Edwards County is a racket but the chief appraiser is only following what the county commissioners mandate: a 50 acre minimum.

Edit: I just checked TPWD’s Wildlife valuation FAQs. This is key. Minimum acreage amounts only come into play for properties that have been reduced in size in the past year. Note the last sentence. For some reason Edwards County acts as though the last sentence does not exist.

Is there a minimum acreage requirement? What if I own several adjacent tracts?
Tracts of land that are adjacent and under the same ownership qualify as one tract of land. For properties that have been reduced in acreage since the previous tax year, there are minimum acreage requirements. Please check with your county appraisal district for those minimum acreages as they depend on the appraisal region in which the property is located. For all other properties, there is no minimum acreage requirement.

Here are the State’s rules. https://tpwd.texas.gov/landwater/lan...cultural_land/

[Mule Skinner]

I could go on and on about this minimum acreage BS.

https://tpwd.texas.gov/landwater/land/private/agricultural_land/legal-summary.phtml

Acreage Requirements
There is no minimum acreage requirement for open-spaced agricultural appraisal based on wildlife management use unless the tract of land has been reduced in acreage since January 1 of the preceding tax year. If minimum acreage requirements apply, the required minimum acreage is selected by the chief appraiser, with the advice and consent of the Appraisal District Board of Directors, from a range of acreages derived by a formula based on the ecoregion of Texas in which the appraisal district is located. 34 TAC §9.2005(c).

Here is more. Lots of words, I know.

https://plateauwildlife.com/wildlife-management-minimum-acreage/

WILDLIFE MANAGEMENT MINIMUM ACREAGE EXPLAINED (ONCE AND FOR ALL)
Shane Kiefer

DO YOU OWN FEWER THAN 20 ACRES IN AG OR TIMBER? HAVE YOU BEEN TOLD YOU DO NOT QUALIFY FOR WILDLIFE BECAUSE YOU HAVE FEWER THAN 20 ACRES?

DON’T GIVE UP SO SOON. KEEP READING AND WE’LL EXPLAIN WHY THE WILDLIFE MANAGEMENT VALUATION MAY BE RIGHT FOR YOU, AND WHY YOU DO ACTUALLY QUALIFY.

There are over 3 million acres in Texas with wildlife management as the current ag valuation use. Many of those are smaller acreage properties, that when combined, make up a larger patchwork across regions. This patchwork of lands being managed for wildlife, as opposed to grazing and agricultural use, are helping to create a resurgence of good wildlife habitat in many areas.

Wildlife management minimum acreage requirements are probably the most misunderstood and most misapplied rules when it comes to qualifying for a wildlife management exemption, or valuation. It’s actually not all that confusing. The short version is that, for most landowners, there is no minimum acreage requirement.

The only time minimum acreage is a consideration in wildlife management is when a property is being subdivided or has been, in the previous year. The facts about wildlife management minimum acreage are available from sources like Plateau Land & Wildlife and Texas Parks & Wildlife. Following is a summary of the facts used to win a minimum acreage hearing recently. We hope that you will think to call us if you ever feel you are the victim of these rules being misapplied.

Wildlife Management Valuation Minimum Acreage in the Tax Code
The rule that relates to wildlife minimum acreage (wildlife use requirement) is Texas Administrative Code Rule 9.2005:

The paragraph that outlines whether a minimum acreage applies is 9.2005(b), which states:

(b) If the number of acres in the tract of land is equal to or greater than the number of acres in the tract of land on January 1 of the preceding tax year, the tract of land is not subject to the wildlife use requirement.

This means that any wildlife management valuation property is exempt from the minimum acreage requirement as long as the property is not reduced in size in the previous tax year. If your property was one size when you paid property taxes on it a year ago, and it is still that size when you apply for wildlife, then minimum acreage (i.e. wildlife use requirements) does not apply. Your property qualifies for wildlife.

Both the Texas Parks and Wildlife Department (TPWD) and Texas Agrilife Extension also have publications that explain these rules:

Texas Parks and Wildlife Department
The folks at Texas Parks and Wildlife are the fine people who set all these standards and requirements to begin with. They fully understand what the intended meaning was when wildlife first became an accepted alternative to traditional ag. The publications TPWD has provided and their own website is very clear about these requirements when it comes to wildlife management valuation minimum acreage. Here are some of those references.

TPWD FAQ

“Is there a minimum acreage requirement? What if I own several adjacent tracts?

…For properties that have been reduced in acreage since the previous tax year, there are minimum acreage requirements. Please check with your county appraisal district for those minimum acreages as they depend on the appraisal region in which the property is located. For all other properties, there is no minimum acreage requirement.”

TPWD’s legal summary “Acreage Requirements”

“There is no minimum acreage requirement for open-spaced agricultural appraisal based on wildlife management use unless the tract of land has been reduced in acreage since January 1 of the preceding tax year.”

Plateau Land and Wildlife representatives deal with this question on an almost daily basis. Resources such as TPWD and Texas Agrilife Extension Service offer statewide advice and recommendations.

What does the Texas Agrilife Extension Service have to say about wildlife management valuation minimum acreage?
The Agrilife Extension is a wonderful and trusted service for landowners in Texas. In one of their free publications, The Texas Agrilife Extension Service provides a great example of the wildlife management minimum acreage rule and how it should and should not be applied.

Those examples and a specific scenario that helps to clear up any confusion about wildlife management minimum acreage can be found in the Agrilife Extension Publication ESP-377 “Wildlife Management and Property Valuation in Texas.” See Scenario 1 on Page 6.

Scenario 1:

Question 1: Does the land currently have agricultural use valuation?
Answer: Yes

Question 2: Has the size of the property having agricultural use valuation been reduced since the last tax year?
Answer: No

Next step: There is no minimum acreage required; apply for conversion to wildlife management agricultural use between January 1 – April 30.

As you can see, all three of the sources reference that if a property has not been subdivided or reduced in size since the previous tax year, then there is no minimum acreage requirement for that property. If that is your situation, then you qualify to move from traditional ag use to wildlife management no differently than if you were changing from running cows to raising goats as your ag use. If you have had a reduction in property size, the county appraiser will have the exact minimums. It should be that simple.

The fact of the matter is, there are people involved in all of this. Wildlife management use requirements, minimum acreage and otherwise, have been misinterpreted and misapplied in many cases for years. Good landowners all across Texas have been working on this for years with Plateau Land & Wildlife to get the facts straight. We argue this rule successfully several times a year for landowners at Central Appraisal Districts.

Whereas the information and rules come from state agencies, these entities cannot advocate on your behalf as a landowner. If you run into an issue where you’re told that the wildlife management minimum acreage requirement applies to your property, when in fact it does not, Plateau Land & Wildlife is a private company that works for landowners. We know the rules and how they should be applied, and we will advocate for you when the law is on your side.

If you have more questions or need help with a specific situation, remember there are no acreage requirements for wildlife valuation, unless you have reduced the size of your land. And then, the minimum varies county by county.

[joel45acp]

Thanks for the wealth of info. I’m gonna chew on it this weekend and call Edwards Co on Tuesday. Thanks again.

[Randy]

The Texas property tax code does not specify a minimum acreage.

However, they leave it to the county to set their own standards.

On smaller acreage its generally cheaper to pay the taxes than to feed the cows every bite they eat.

[Tony Pic]

I have a 6.5 ac parcel that is Wildlife exempt in Kerr county. Growing Blackbuck help!