Nebraska Administrative Code
Topic - REVENUE, DEPARTMENT OF
Title 350 - Nebraska Department of Revenue, Property Assessment Division
Chapter 14 - Agricultural Land and Horticultural Land Assessment Regulations
Section 350-14-005 - OTHER AGRICULTURAL AND HORTICULTURAL LAND USES

Universal Citation: 350 NE Admin Rules and Regs ch 14 ยง 005

Current through September 17, 2024

005.01 There are other land uses on a agricultural or horticultural parcel which are not classified as agricultural land and horticultural land uses. All of these areas will need to have market studies conducted by the assessor to determine the proper assessment of the land. Other land uses shall not be classified as agricultural and horticultural land and shall be assessed at 100% of actual or market value.

005.01A Farm home site shall mean one acre or less of land that is contiguous to a farm site and upon which is located a residence and necessary improvements needed for residential purposes. This land shall not be classified or assessed as agricultural or horticultural land.

005.01B Farm site shall mean land containing improvements that are agricultural or horticultural in nature, including an uninhabitable or unimproved farm home site, all of which is contiguous to agricultural or horticultural land. This land shall not be classified as agricultural or horticultural land and shall not include a home site.

005.01C Roads and ditches are to be counted and inventoried when the county is maintaining a public road on privately owned land. The public road and adjoining ditch acres will carry no taxable value to the land owner. Generally public roads and ditches will not exceed 4 acres per mile or 16 acres per section.

005.01D Other non-agricultural and horticultural uses including but not limited to:
005.01D(1) Intermittent small drainage ways, with or without small channels, should be included with the surrounding land. They usually carry runoff only after rains.

005.01D(2) Stream channels of principal streams should be deducted from the surrounding cropland or grassland.

005.01D(3) Large lakes created by watershed dams may have different values. Watershed dams are comprised of various components that will not necessarily be classified differently from the surrounding land. The components include a permanent water basin and silt pool, a temporary storage basin, the dam, and the spillway. The classification of these areas may vary for each location. A value for each individual watershed will need to be established.

005.01D(4) Private lakes and ponds, whether natural or artificial, and not developed or used for recreational purposes, may be classified with the adjacent land. In many situations an analysis needs to be completed to determine the proper classification and valuation of these areas. Included with lakes are sandhill lakes, inactive gravel pits, ox bow lakes in old stream channels, and intermittent bodies of water caused by depressions and claypan soils.

005.01D(5) Reservoirs or lakes that are developed for or have recreational potential will be classified as such. An analysis will be completed to reflect the current market value. These lakes will occur in an agricultural land area and will be separate from the agricultural land classification. When classifying these lakes, zoning regulations should be checked for compliance.

005.01D(6) Sewage lagoons on private land should be valued as amenities to the farm site or the building site.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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