10-6-130. Soil classification--Land categorization--Director adjustments.
All soils must be divided into classes based on soil classification standards developed by the United States Department of Agriculture, Natural Resources Conservation Service. All agricultural land must be categorized as either cropland or noncropland. Soil types with land capability class I, II, and III must be categorized as cropland and land capability classes V, VI, VII, and VIII must be categorized as noncropland. Soil types with land capability class IV may be categorized by the director of equalization as either cropland or as noncropland. The director of equalization must notify the department by November 1 of each year of any changes to the categorization of the land capability class IV soil types. Beginning with the 2023 assessment year, the total acres of class IV soil types classified as noncropland in a county may increase a maximum of twenty percent over the total acres of class IV soil types classified as noncropland in the county in the previous assessment year. The department shall provide each county with soil ratings for all soil types present in the county. The director of equalization shall implement the soil ratings and utilize the ratings as the basis for determining the value of each soil type in the county.
The director may make an adjustment to a parcel pursuant to §10-6-131.
Nothing in this section prohibits the department from categorizing soil types with land capability class I, II or III as noncropland if one or more of the adjustment factors contained in §10-6-131 affects the productivity of the soil type, and the reasonable, probable use of the soil type that is physically practical, appropriately supported, financially feasible, and that results in the highest sustainable use of the land, is not harvesting crops or plants produced.
Source: SL 2008, ch 44, §9; SL 2021, ch 43, §11; SL 2021, ch 44, §§23, 44; SL 2022, ch 28, §1.
Structure South Dakota Codified Laws
Chapter 06 - Annual Assessment Of Property
Section 10-6-101 - Definition of terms.
Section 10-6-102 - Mill levy defined--Substitution.
Section 10-6-103 - One mill defined--Substitution.
Section 10-6-104 - Fair market value and full and true value defined.
Section 10-6-105 - Period during which assessment made--Date of assessment.
Section 10-6-108 - Statement of real property required of taxpayers.
Section 10-6-109 - Viewing of property--Inspection of records--Recording assessed value.
Section 10-6-110 - Classification of property--Notation by director.
Section 10-6-111 - Agricultural land taxed without regard to zoning.
Section 10-6-112 - Classification of agricultural land--Criteria.
Section 10-6-113 - Property tax freeze authorized for agricultural property of beginning farmer.
Section 10-6-117 - Agricultural land--Riparian buffer strip classification--Criteria.
Section 10-6-120 - Property not used for agriculture separately assessed.
Section 10-6-121 - Minimum and maximum median sales to assessment ratio.
Section 10-6-122 - Maximum coefficient of dispersion.
Section 10-6-123 - Distinction between agricultural and nonagricultural real property.
Section 10-6-124 - Promulgation of rules--Purposes.
Section 10-6-125 - Assessed value of inundated farmlands--Classification.
Section 10-6-127 - Agricultural land to be assessed based on agricultural income value.
Section 10-6-128 - Agricultural income value--Determination--Database of cropland data.
Section 10-6-129 - Factors used for percentage of annual earning capacity.
Section 10-6-130 - Soil classification--Land categorization--Director adjustments.
Section 10-6-131 - Agricultural income value for county--Adjustment of assessed value by director.
Section 10-6-132 - Classification of buildings and structures.
Section 10-6-133 - Fair market value of agricultural land.
Section 10-6-134 - Agricultural Land Assessment Implementation and Oversight Advisory Task Force.
Section 10-6-137.1 - Discretionary formula for reduced taxation of new residential structures.
Section 10-6-138 - Municipal adoption of reduction for new property.
Section 10-6-139 - Adoption of assessed value formula by governing board of improvement district.
Section 10-6-141 - Boundaries of redevelopment neighborhood.
Section 10-6-142 - Standards for redevelopment neighborhood property within municipality.
Section 10-6-143 - Classification of certain residential property.
Section 10-6-144 - Valuation of certain residential property.
Section 10-6-147 - Petition for reversal of director's decision--Notice and hearing.
Section 10-6-148 - Railroad and highway rights-of-way deducted in valuing land.
Section 10-6-149 - Real estate list included in assessment lists, rolls, and book--Contents.
Section 10-6-150 - Form for real estate list.
Section 10-6-151 - Equalization director's affidavit attached to real estate list.
Section 10-6-152 - Records of county auditor or treasurer authorized as tax records.
Section 10-6-153 - Delivery of updated records to boards of equalization--Open to public inspection.
Section 10-6-154 - Notice of assessment--Required information--Promulgation of rules.
Section 10-6-157 - Consideration of federal income tax credits in assessing property prohibited.