Exemption Administration Manual, Part 1: Municipal Governments—Section 4.03 - RPTL Section 406(2): Municipal Corporations (Property outside corporate limits - parks, airfields, highways, flood control and soil conservation, or fire protection)
Section 4.03 - RPTL Section 406(2): Municipal Corporations (Property outside corporate limits - parks, airfields, highways, flood control and soil conservation, or fire protection)
Year originally enacted:
County L §223
Real property that (1) is owned by a county, city, town, or village, (2) is located outside the municipal corporation's boundaries, and (3) is used for public park, public aviation field, highway, flood control and soil conservation as defined in County L §223, or fire protection purposes is wholly exempt from taxation, but liable for special ad valorem levies and special assessments, if the governing board of the taxing jurisdiction in which the property is located agrees to the exemption in writing.
Property must be owned by a county, city, town, or village.
Property location requirements:
Property must be located outside the boundaries of the owning municipal corporation.
Property use requirements:
Property must be used for (1) public park, (2) public aviation field, (3) highway, (4) flood control and soil conservation, or (5) fire protection purposes. Flood control and soil conservation projects include: construction of dikes, drains, check-dams, pipes, and new or altered channels; reforestation or the planting of shrubs and plants; and any other improvements necessary for soil erosion control or watershed protection. If the property is used for fire protection purposes, some fire protection must be made available by the owner to the municipal corporation in which the property is located.
Certification by state or local government:
Required construction start date or other time requirement:
Yes. Each county, city, town, village, and school district in which the property is located may choose whether or not to allow the exemption on a project-by-project basis (for example, it may allow the exemption for one airfield but not for another). The option to exempt must be exercised through a written agreement by the governing board of the taxing jurisdiction.
Limitation on exemption
|General municipal taxes||School district taxes||Special ad valorem tax||Special assessments|
|1. Amount||No limit||No limit||No exemption allowed||No exemption allowed|
|2. Duration||No limit||No limit||No exemption allowed||No exemption allowed|
|3. Taxing Jurisdiction||a. County or County Special Districts||Ex*||NA||Tax||Tax|
|c. Town or Town Special District||Ex*||NA||Tax||Tax|
|e. School District||NA||Ex*||NA||NA|
|Ex-Exempt Tax-Taxable NA-Not Applicable|
* If the municipal governing board agrees in writing to exempt.
Payments in lieu of taxes
Calculation of exemption
General municipal and school district taxes:
100% of assessed value.
Special Ad Valorem Levies and special assessments:
No exemption allowed.
Coding of exemption on assessment roll
|Code||Description of alternative codes possible|
Assessment roll section(s)
Exempt (ARLM § 8)
Note: These codes should not be used to identify aviation fields exempt under RPTL 4 §06(7), property owned by school districts (RPTL §408), or property owned by special districts (RPTL §410 or §410-a), or to identify property that is exempt under any of the statutes listed under Similar Exemptions below. For coding of such property, see the Exemption Profile for the statute that applies.
Filing requirements (owner or occupant of property)
Reporting requirements (assessor):
|Aviation fields, public (municipally owned)||RPTL §406(7)|
|Drainage improvement districts||ECL §15-1909(4)|
|River improvement districts||ECL §15-2309|
|River regulating districts||ECL §15-2115|
|Volunteer fire companies or departments||RPTL §464(2)|
|Volunteer fire companies in villages||RPTL §466|
*1926 - Provision added for public aviation fields.
1968 - Provision added for flood control and soil conservation.
1987 - Provision added for fire protection.
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