HARRY HUGHES, Governor                                        239

(E)  CRITERIA FOR ASSESSING.

(1)  THE DEPARTMENT SHALL ESTABLISH IN REGULATIONS
CRITERIA TO DETERMINE IF LAND THAT APPEARS TO BE ACTIVELY USED
FOR FARM OR AGRICULTURAL PURPOSES:

(I)  IS ACTUALLY USED FOR FARM OR AGRICULTURAL
PURPOSES; AND

(II)  QUALIFIES FOR ASSESSMENT UNDER THIS
SECTION.

(2)  THE CRITERIA SHALL INCLUDE:

(I)  THE ZONING OF THE LAND;

(II)  THE PRESENT AND PAST USE OF THE LAND
INCLUDING LAND UNDER THE SOIL BANK PROGRAM OF THE UNITED STATES;

(III)  THE PRODUCTIVITY OF THE LAND, INCLUDING
TIMBERLANDS AND REFORESTED LANDS; AND

(IV)  THE GROSS INCOME THAT IS DERIVED FROM THE
AGRICULTURAL ACTIVITY.

(F)  DETERMINATIONS BY DIRECTOR.

IN ADMINISTERING THIS SECTION, PERIODICALLY, THE DIRECTOR
SHALL CONSULT WITH:

(1)  THE SECRETARY OF AGRICULTURE;

(2)  OFFICIALS OF THE STATE WHO ARE KNOWLEDGEABLE IN
AGRICULTURE;

(3)  REPRESENTATIVES OF THE AGRICULTURAL COMMUNITY;

(4)  OFFICIALS OF COUNTIES AND MUNICIPAL CORPORATIONS;
AND

(5)  OTHER PERSONS AS DETERMINED BY THE DIRECTOR.

(G)  LAND OF LESS THAN 20 ACRES.

(1) IN THIS SUBSECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED:

(I)  "ACTIVELY USED" MEANS LAND THAT IS ACTUALLY
AND PRIMARILY USED FOR A CONTINUING FARM OR AGRICULTURAL USE;

(II)  "AGRICULTURAL LAND UNIT" MEANS THE
COMBINATION OF NOT MORE THAN 3 PARCELS OF LAND WHEN THE PARCELS
ARE:

1. LOCATED IN THE SAME COUNTY; AND