Tennessee Law about Greenbelt

67-5-1002. Legislative Findings

The general assembly finds that:

  1. The existence of much agricultural, forest and open space land is threatened by pressure from urbanization, scattered residential and commercial development, and the system of property taxation. This pressure is the result of urban sprawl around urban and metropolitan areas, which also brings about land use conflicts, creates high costs for public services, contributes to increased energy usage, and stimulates land speculation;
  2. The preservation of open space in or near urban areas contributes to:
    1. The use, enjoyment and economic value of surrounding residential, commercial, industrial or public use lands;
    2. The conservation of natural resources, water, air, and wildlife;
    3. The planning and preservation of land in an open condition for the general welfare;
    4. A relief from the monotony of continued urban sprawl; and
    5. An opportunity for the study and enjoyment of natural areas by urban and suburban residents who might not otherwise have access to such amenities;
  3. Many prime agricultural and forest lands in Tennessee, valuable for producing food and fiber for a hungry world, are being permanently lost for any agricultural purposes and that these lands constitute important economic, physical, social, and esthetic assets to the surrounding lands and to the people of Tennessee;
  4. Many landowners are being forced by economic pressures to sell such agricultural, forest, or open space land for premature development by the imposition of taxes based, not on the value of the land in its current use, but on its potential for conversion to another use; and
  5. The findings of subdivisions (1)-(4) must be tempered by the fact that in rural counties an over abundance of land held by a single landowner that is classified on the tax rolls by the provisions of this part could have an adverse effect upon the ad valorem tax base of the county, and thereby disrupt needed services provided by the county. To this end, a limit must be placed upon the number of acres that any one (1) owner within a tax jurisdiction can bring within the provisions of this part.

67-5-1004. Definitions.

As used in §§ 11-14-201, 11-15-107, 11-15-108, and this part, unless the context otherwise requires:

  1. A. “Agricultural land” means land that meets the minimum size requirements specified in subdivision (1)(B) and that either:
    1. Constitutes a farm unit engaged in the production or growing of agricultural products; or
    2. Has been farmed by the owner or the owner's parent or spouse for at least twenty-five (25) years and is used as the residence of the owner and not used for any purpose inconsistent with an agricultural use.
    B. To be eligible as agricultural land, property must meet minimum size requirements as follows: it must consist either of a single tract of at least fifteen (15) acres, including woodlands and wastelands, or two (2) noncontiguous tracts within the same county, including woodlands and wastelands, one (1) of which is at least fifteen (15) acres and the other being at least ten (10) acres and together constituting a farm unit;
  2. “Commissioner” means the commissioner of agriculture or the commissioner's designee;
  3. “Forest land” means land constituting a forest unit engaged in the growing of trees under a sound program of sustained yield management or any tract of fifteen (15) or more acres having tree growth in such quantity and quality and so managed as to constitute a forest;
  4. “Gross agricultural income” means total income, exclusive of adjustments or deductions, derived from the production or growing of crops, plants, animals, aquaculture products, nursery, or floral products, including income from the rental of property for such purposes and income from federal set aside and related agricultural management programs;
  5. “Local government advisory committee,” “Tennessee local government advisory committee,” or “Tennessee local government planning advisory committee” means the local government planning advisory committee created by § 4-3-727;
  6. “Open space easement” means a perpetual right in land of less than fee simple that:
    1. Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the existing open or natural character of the land;
    2. Is restricted to the area defined in the easement deed; and
    3. Grants no right of physical access to the public, except as provided for in the easement;
  7. “Open space land” means any area of land other than agricultural and forest land, of not less than three (3) acres, characterized principally by open or natural condition, and whose preservation would tend to provide the public with one (1) or more of the benefits enumerated in § 67-5-1002, and that is not currently in agricultural land or forest land use. “Open space land” includes greenbelt lands or lands primarily devoted to recreational use;
  8. “Owner” means the person holding title to the land;
  9. “Person” means any individual, partnership, corporation, organization, association, or other legal entity;
  10. “Planning commission” means a commission created under § 13-3-101 or § 13-4-101 ;
  11. “Present use value” means the value of land based on its current use as either agricultural, forest, or open space land and assuming that there is no possibility of the land being used for another purpose;
  12. “Rollback taxes” means the amount of back tax differential payable under the provisions of § 67-5-1008 ; and
  13. "State forester” means the director of the division of forestry.

For detailed listings of the Tennessee Code Annotated, you can go here and search for the TCA number you want clarification for.

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