New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter II - LANDS AND FORESTS
Part 199 - Taxation Of Forest Land
Section 199.7 - Filing procedures

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 199.7

Current through Register Vol. 46, No. 39, September 25, 2024

(a) It is the responsibility of the owner to comply with filing requirements of subdivision (3) of section 480-a of the Real Property Tax Law by:

(1) filing the original certificate of approval with the clerk of the county in which the eligible tract is located;

(2) filing the original application for real property tax exemption with the appropriate assessor on forms prescribed by the State Board of Equalization and Assessment, together with the commitment certified by the department and recorded by the clerk of the county; and

(3) filing with the appropriate assessor a commitment certified by the department prior to the taxable status date in each year for which a real property tax exemption is sought.

(b) Implementation of the requirements of subdivision 5 of section 480-a of the Real Property Tax Law shall be according to the following schedule and procedures:

(1) At least 30 days prior to any commercial harvest pursuant to an approved management plan, the owner shall file with the department on forms provided by the department, a notice of commercial harvest cutting.

(2) The department, within 15 days of receipt of such notice, shall determine the compliance of the proposed harvest with the approved management plan and upon such determination, certify the stumpage value of such harvest to the owner and to the county treasurer of the county or counties in which the tract is situated.

(3) No later than 30 days after receipt of the certification of the value of such harvest, the owner shall pay a stumpage tax of six per centum of the certified value to such county treasurer.

(c) Notwithstanding the foregoing provisions of this section, if the stumpage value of a merchantable forest crop will be determined with reference to a scale to be conducted after the commencement of the proposed cutting, the owner may elect to be taxed in accordance with this subdivision. Such election shall be made not less than 30 days in advance of commencement of the cutting, on a properly completed notice of commercial harvest cutting. Such notice shall include information as to the anticipated volume estimate, scaling method, and the schedule and length of the cutting period, not to exceed one year. If a proper election has been made in accordance with this subdivision, the department will notify the owner and the appropriate assessor or assessors before any cutting takes place on the eligible tract, and the department will certify the scaled stumpage value to the owner of the tract and to the county treasurer of the county or counties when the cutting has concluded. No later than 30 days after the receipt of such certification of value, the owner shall pay a six per centum tax on the stumpage value of the merchantable forest crop to such county treasurer.

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