42.19.1404    NOTIFICATION REQUIREMENTS FOR THE CREATION OR AMENDMENT OF A TARGETED ECONOMIC DEVELOPMENT DISTRICT (TEDD) WITH A TAX INCREMENT FINANCING PROVISION

(1) A local government may create or amend a TEDD containing a tax increment financing provision pursuant to Title 7, chapter 15, parts 42 and 43, MCA. The department will review a local government's urban renewal district (URD) or TEDD processes, documents, and information required under those statutes and these rules to determine fulfillment of a district's purpose and the specific requirements provided under 7-15-4279, MCA, in the department's TEDD taxable value certification process.

(2) Before the department can certify the base taxable value of property located within a newly created or amended district, the local government must notify the department of the intent to create or amend a TEDD containing a tax increment financing provision. The notification must include:

(a) the contact information for the person designated to interact with the department;

(b) the name of the district;

(c) the desired base year;

(d) a legal description accompanied by a map illustrating the district's proposed boundary;

(e) GIS data files that include locational information in the form of coordinates, points, lines, polygons, etc., if available; and

(f) confirmation the property within the proposed district is contiguous and not included within an existing URD or TEDD district.

(3) If the local government wants the department to provide a list of the affected real, separately assessed improvements, personal and centrally assessed properties within the district, the local government must provide the notification information required in (2)(a) through (c), and preliminary versions of the notification information described in (2)(d) and (e) to the department no later than August 1. Within 60 days of receiving the notification, the department will provide the following to the designated contact:

(a) confirmation that no issues were identified with the preliminary district boundary; and

(b) a list of the affected properties.

(4) If the local government does not need the department to provide a list of the affected real, separately assessed improvement, personal and centrally assessed properties within the district, the local government must provide the notification information required in (2) to the department no later than December 1.

(5) By no later than February 1 of the calendar year following the creation of the district, the local government must provide the department with the following:

(a) final versions of the notification information described in (2)(d) and (e), if not previously provided;

(b) a copy of the executed resolution of necessity required by 7-15-4280, MCA. The executed resolution must contain:

(i) an effective date prior to the date on which the TEDD was created;

(ii) the infrastructure deficiency finding, as required by 7-15-4280(1), MCA; and

(iii) a statement of necessity regarding the welfare of the residents, as required by 7-15-4280(1), MCA;

(c) a copy of the local government's finding that the TEDD is zoned either for uses in accordance with the area local growth policy as defined in 76-1-103, MCA, for uses in accordance with the development pattern and zoning regulations, or the development district adopted under Title 76, chapter 2, part 1, MCA, that includes documentation upon which the accordance with zoning is based;

(d) a copy of the resolution adopting the zoning of the district, pursuant to 7-15-4279, MCA;

(e) a copy of the resolution adopting the growth policy, pursuant to 76-1-604, MCA, if applicable;

(f) a copy of the published notice of public hearing required under 7-15-4215, MCA;

(g) a copy of the letter that was sent to all property taxpayers in the district;

(h) a list of all addresses to which a copy of the letter was sent;

(i) a list of all the geocodes, assessor codes, and centrally assessed property within the district;

(j) a copy of the local government's comprehensive development plan for the district pursuant to 7-15-4279 and 7-15-4284, MCA, containing the tax increment provision; and

(k) a copy of the executed ordinance adopting the comprehensive development plan for the district with the tax increment financing provision pursuant to 7-15-4284, MCA.

(6) Within 20 business days after the department receives the required documentation in (2) and (5), the department will send notification to the local government whether the documentation is complete and correct for the desired base year.

(a) If supporting documentation submitted with the application is deficient, the department will notify the local government and request additional information.

(b) By March 1, the department must receive the local government's complete and corrected documentation to establish a base year effective January 1 of the previous year.

(c) If supporting documentation submitted with the application is complete and correct, the department will notify the local government and will report the base, actual, and incremental taxable values to the taxing jurisdictions by the first Monday in August of the calendar year following receipt of the notification in (2).

(d) If supporting documentation submitted for creation or amendment of a TEDD is not complete and correct, the department will report the base, actual, and incremental taxable values to the taxing jurisdictions by the first Monday in August of the calendar year following the year which the complete and correct supporting documentation is submitted to the department.

(7) All correspondence and documentation must be mailed to the Department of Revenue, Property Assessment Division at P.O. Box 8018, Helena, MT 59604-8018, or e-mailed to [email protected].

 

History: 15-1-201, MCA; IMP, 7-15-4279, 7-15-4282, 7-15-4283, 7-15-4284, 7-15-4285, 15-10-202, 15-10-420, 76-1-103, MCA; NEW, 2008 MAR p. 1490, Eff. 7/18/08; AMD, 2014 MAR p. 1104, Eff. 5/23/14; AMD, 2019 MAR p. 345, Eff. 3/30/19.