HARRY HUGHES, Governor

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ATTRIBUTABLE TO THE AGRICULTURAL ACTIVITY, EXCLUSIVE OF CAPITAL
OR OPERATING COSTS. THIS TERM MAY ALSO BE DEFINED AS GROSS
REVENUES.

3. 4. "AVERAGE ANNUAL GROSS INCOME"
MEANS THE AVERAGE OF THE 2 HIGHEST YEARS OF ANNUAL GROSS INCOME
DURING THE 3-YEAR PERIOD.

5. "FAMILY FARM UNIT" MEANS PARCELS OF
LAND OF LESS THAN 20 ACRES THAT ARE CONTIGUOUS TO LAND WHICH
RECEIVES THE AGRICULTURAL USE ASSESSMENT WHEN THE PARCELS ARE
OWNED BY A MEMBER OR MEMBERS OF THE IMMEDIATE FAMILY OF THE OWNER
OF THE LAND CONTIGUOUS TO THE PARCELS. FOR THE PURPOSE OF THIS
DEFINITION, ONLY 1 PARCEL OF LAND FOR EACH IMMEDIATE FAMILY
MEMBER MAY BE INCLUDED AS A PART OF A FAMILY FARM UNIT.

(IV)  IF THE DIRECTOR DETERMINES THAT THE LAND
APPEARS TO BE ACTIVELY DEVOTED TO AGRICULTURAL USE BUT THAT THE
LAND OWNER DOES NOT RECEIVE AN AVERAGE ANNUAL GROSS INCOME OF
$2,500 FROM THE AGRICULTURAL ACTIVITY, THE DIRECTOR SHALL WAIVE
THE GROSS INCOME REQUIREMENT UPON A FINDING THAT:

1.  THE LAND IS LEASED AND THAT THE NATURE
OR TYPE OF THE AGRICULTURAL ACTIVITY WHEN COMBINED WITH THE
AMOUNT OF LAND IN AGRICULTURAL USE IS SUCH THAT AN AVERAGE ANNUAL
GROSS INCOME OF $2,500 WOULD REASONABLY BE EXPECTED TO BE DERIVED
FROM SUCH ACTIVE USE.

2.  THE AGRICULTURAL PRODUCTS ARE ACTUALLY
DERIVED FROM THE AGRICULTURAL USE OF THE LAND AND THAT IF SOLD,
WOULD REASONABLY BE EXPECTED TO DERIVE AN AVERAGE ANNUAL GROSS
INCOME OF $2,500 FROM THE ACTIVE AGRICULTURAL USE OF THE LAND
CONSIDERING THE NATURE OR TYPE OF AGRICULTURAL ACTIVITY AND THE
AMOUNT OF THE LAND IN AGRICULTURAL USE.

3.  A DROUGHT OR OTHER SIMILAR NATURAL
CAUSE HAS ADVERSELY AFFECTED THE INCOME PRODUCING CAPABILITY OF
THE LAND DURING THE 3-YEAR PERIOD CAUSING THE AVERAGE ANNUAL
GROSS INCOME TO BE LESS THAN $2,500; PROVIDED THAT THIS WAIVER
SHALL NOT BE GRANTED FOR MORE THAN 2 CONSECUTIVE 3-YEAR PERIODS.

4.  IN THE INSTANCE OF THE ESTABLISHMENT
OF A NEW AGRICULTURAL ACTIVITY ON LAND THAT HAD NOT RECEIVED THE

AGRICULTURAL USE ASSESSMENT, THE NATURE OR THE TYPE OF

AGRICULTURAL ACTIVITY WHEN COMBINED WITH THE AMOUNT OF LAND IN
AGRICULTURAL USE WOULD REASONABLY BE EXPECTED TO DERIVE AN
AVERAGE ANNUAL GROSS INCOME OF $2,500 HAD THE ACTIVITY BEEN IN
EXISTENCE FOR A FULL 3-YEAR PERIOD. PROVIDED FURTHER THAT IN THE
INSTANCE OF A NEW AGRICULTURAL ACTIVITY SUCH AS AN ORCHARD OR
VINEYARD, THE DIRECTOR MAY EXTEND THE PERIOD OF THE WAIVER FOR AN
ADDITIONAL 3-YEAR PERIOD.

(V)  IN THE INSTANCE OF PARCELS OF LAND OF LESS
THAN 20 ACRES, THE DEPARTMENT MAY REQUIRE THE OWNER OF THE LAND