06 LC
25 4394
Senate
Bill 604
By:
Senators Harp of the 29th, Tolleson of the 20th and Harbison of the 15th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating
to current use assessment for bona fide conservation use property, residential
transitional property, application procedures, penalties for breach of covenant,
classification on tax digest, and annual report, so as to change certain
provisions relating to buffers adjacent to rivers or perennial streams; to
provide for current use assessment for certain undeveloped land areas within
buffer zones established by law or local ordinance adjacent to rivers, perennial
streams, or reservoirs; to provide for exemptions from certain covenant and
penalty provisions; to provide for loss current use assessment in certain
circumstances; to provide an effective date; to provide for applicability; to
provide for to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current
use assessment for bona fide conservation use property, residential transitional
property, application procedures, penalties for breach of covenant,
classification on tax digest, and annual report, is amended by striking
subparagraph (a)(2)(F) and inserting in lieu thereof the following:
"(F)
River or stream corridors or buffers which shall be defined as those undeveloped
lands which are:
(i)
Adjacent to
buffer zones
described in division (ii) of this subparagraph
along rivers
and,
reservoirs, or perennial streams that are
within the 100 year flood plain as depicted on official maps prepared by the
Federal Emergency Management Agency
and which
adjacent lands remain in their natural, undisturbed state of
vegetation; or
(ii)
Within buffer zones adjacent to
rivers,
reservoirs, or perennial streams, which
buffer zones are established by law or local ordinance and within which
land-disturbing activity is prohibited
and which
lands remain in their natural, undisturbed state of
vegetation;"
SECTION
2.
Said
Code section is further amended by striking subsection (u) and inserting in lieu
thereof the following:
"(u)
Reserved.
(1) Land
areas within buffer zones that qualify as bona fide conservation use property
under division (a)(2)(F)(ii) of this Code section shall be exempt from any
covenant requirements under this Code section and any procedures or penalties
related to such covenants or breaches thereof, including but not limited to the
provisions of subsections (d), (e), (g), (h), (i), (j), (l), (m), (n), (p), (q),
and (x) of this Code section.
(2)
If any land-disturbing activity is conducted on land within such a buffer zone
by or with the permission of the property owner after the current use assessment
for such land has been claimed by and allowed to such owner, the current use
assessment shall not, for the taxable year in which such land-disturbing
activity occurred and all taxable years thereafter, apply for the same owner as
to all such buffer zone areas required by law or local ordinance that are within
a buffer zone on the same contiguous
tract."
SECTION
3.
This
Act shall become effective on January 1, 2007, and shall apply to all taxable
years beginning on or after such date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.