New York (Summary)

Last Updated: March 2020

Principal Forest Property Tax Incentive Programs:

1. Program legal-common name: Forest Tax Law (480-a)

Tax Type: Reduction in FMV and yield tax

Description: 80% of FMV or $40 fixed value, whichever is the lesser. 6% of timber stumpage value as determined by the assessor. Applies to privately owned real property certified as an eligible tract of forest land by the NYS Department of Environmental Conservation (DEC) on or after September 1, 1974.

Law: N.Y. Real Prop. Tax Law § 480-a

Program Requirements

Min/Max Acreage: at least 50 contiguous acres

Min. Stocking Growth: Forest land exclusively devoted to and suitable for forest crop production through natural regeneration or through forestation and shall be stocked with a stand of forest trees sufficient to produce a merchantable forest crop within thirty years of the time of original certification. Forest land shall consist of a stand or stands of commercial species of forest trees which contain at least either 500 stems per acre or 60 square feet of basal area per acre which shall be evenly distributed over the area of the stand.

Forest Management Plan: Plan approved by the Department of Environmental Conservation

Evidence of Use: Property owners need to file a commitment of land to continued forest crop production with the county assessor and regional forester

Duration of Enrollment: Annual commitment up to 10 years

Penalties for Use Change: The penalty amount is equal to 2 1/2 times the amount of taxes that would have been levied on the forest land exemption for the current year and for many prior years in which an exemption was granted, limited to a total of ten years, plus interest charges.

Program Administration

State: Department of Environmental Conservation handles application and verifies plan. State Board of Real Property Tax Services prescribes forms.

County Tax Assessor and Commissioner: County tax assessor assesses value.

University: N/A

Landowner: N/A

2. Program legal-common name: Forest and reforested lands (Fisher Act)

Tax Type: Reduction in FMV and yield tax

Description: Bare land value with exemption of timber, 6% of timber stumpage value as determined by the assessor. Applies to privately owned real property certified as eligible forest or reforested land by the NYS Department of Environmental Conservation (DEC) prior to September 1, 1974.

Law N.Y. Real Prop. Tax Law ยง 480

Program Requirements

Min/Max Acreage: 15 acres

Min. Stocking Growth: Forest land: (a) which has been planted with an average of not less than 800 trees per acre, (b) which has been underplanted with an average of not less than 300 trees per acre, (c) upon which the majority of the mature timber has been removed in such a manner as to ensure a crop of saleable timber or pulpwood, or (d) upon which, at the time of classification as an eligible tract, there is an immature stand sufficient to produce such a crop within 30 years.

Forest Management Plan: N/A

Evidence of Use: N/A

Duration of Enrollment: N/A

Penalties for Use Change: N/A

Program Administration

State: Tracts receiving this exemption must have been issued a certificate of approval from the New York State Department of Environmental Conservation (DEC) prior to September 1, 1974.

County Tax Assessor and Commissioner: County tax assessor assesses value.

Landowner: N/A

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