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10 Ways to Make Colorado Land Pay: Ag Status, Horses, Solar

Brian Lee BurkeBrian Lee Burke
Aug 13, 2024 • 7 min read
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10 Ways to Make Colorado Land Pay: Ag Status, Horses, Solar

Colorado land pays in ten ways: agricultural tax classification, hay, grazing leases, horse boarding, a solar lease, an accessory dwelling unit, a short-term rental, a hunting lease, an RV or campground operation, and a conservation easement. Each one has a Colorado rule attached, and the first four depend on the same thing: whether the land is used for agriculture for profit, which cuts the property tax bill by 70% or more.

Across the country, 77 million people own 62% of land; on the Front Range that ownership runs from 2.5-acre lots in Elizabeth and Franktown to 640-acre sections in Weld and Elbert counties. This guide gives the dollars, the acreage thresholds and the county rules for each use.

How does agricultural tax status work in Colorado?

Colorado assesses agricultural land at 26.4% of its productive value, which is what the land earns from crops or grazing, not what it sells for. Residential land is assessed on market value at a lower rate, and vacant land is assessed on market value at a higher one. A 40-acre grazing parcel near Kiowa carries an ag tax bill in the low hundreds of dollars a year; the same parcel classified as vacant land carries a bill in the thousands.

  • The test, C.R.S. 39-1-102(1.6): the land was used as a farm or ranch for the two years before the current year and is used that way now, with the primary purpose of making a profit from crops or livestock.
  • What counts: hay, grain, grazing cattle or sheep under a lease, a tree farm, breeding livestock for sale.
  • What does not count: boarding horses, a riding arena, a hobby garden, keeping two horses for the family. Horses qualify only as part of a for-profit ranching or breeding operation.
  • Acreage: no minimum in the statute. Five irrigated acres of hay near Longmont qualify; 35 dry acres with nothing on them do not.
  • How to keep it: a written grazing or hay lease, receipts for sales, and an answer ready for the county assessor's ag-use questionnaire, which arrives after every sale.

What is the 35-acre rule?

Two Colorado statutes make 35 acres the number that matters. C.R.S. 30-28-101 exempts parcels of 35 acres or more from county subdivision regulations, so a 140-acre ranch splits into four 35s without a subdivision plat. And C.R.S. 37-92-602 allows an exempt domestic well on 35 acres or more that serves up to three single-unit homes, one acre of lawn or garden, and livestock. Under 35 acres you get a household-use-only well: indoor use in one home, no irrigation, no stock tank. That well permit decides whether an ADU, a boarding barn or a hay field is possible, so pull it from the Colorado Division of Water Resources before anything else.

Hay and grazing: what Front Range land earns

UseWhat it yieldsWhat it paysWhere it works
Irrigated hay (alfalfa or grass)3 to 5 tons per acre per year over 3 or 4 cuttings$200 to $300 per ton; horse-quality small squares at the topDitch-irrigated ground in Weld, Larimer, Boulder and Adams counties
Dryland hay1 ton per acre or lessSame per ton, on a tenth of the volumeElbert, eastern Arapahoe and eastern Adams counties
Grazing lease30 to 40 acres per cow-calf pair per year on shortgrass prairie$20 to $35 per animal unit monthAny fenced parcel with water; the lease keeps ag status
Pasture rent for horses2 to 5 acres per horse on irrigated pasture, more on dryland$250 to $450 per horse per monthDouglas, Elbert and Jefferson County acreage near Denver

Horse boarding on Colorado acreage

Full-care boarding in the Denver metro runs $600 to $1,000 per horse per month; pasture board runs $250 to $450. Ten stalls at $750 is $90,000 a year in gross revenue against hay, labor, insurance and manure hauling. Two rules come first.

  • Zoning: keeping your own horses is allowed in the agricultural and rural residential zones of Douglas, Jefferson, Elbert, Arapahoe, Adams and Weld counties. Boarding other people's horses for money is a separate commercial use; the county planning department tells you whether your zone district allows it by right or through a special-use permit.
  • Taxes: a boarding barn does not earn agricultural classification. Pair it with a hay or grazing lease on the rest of the acreage to keep the ag rate on the land.

Barn, arena and storage specifics are in our Colorado horse property buying guide and in buying a Colorado horse property: barns, storage and land. Current listings are on our Colorado horse properties for sale page.

Solar leases on Colorado land

Utility-scale and community solar developers lease Front Range land at $500 to $2,000 per acre per year on 20- to 35-year terms, and need 5 to 7 acres per megawatt. The land that gets a lease sits within a mile of a three-phase distribution line or a substation, is flat to 5% slope, and is 10 acres or larger for a community solar garden under Xcel Energy's Solar*Rewards Community program. Colorado's SB23-092 lets land keep its agricultural classification when grazing or crops continue under the panels, so a solar lease no longer costs the ag rate. Read the lease for the decommissioning bond, the crop-damage clause and who pays the property tax increase on the improvements.

An ADU or second home on acreage

An accessory dwelling unit rents for $1,400 to $2,200 a month on the south metro edge and houses a parent or a ranch hand for nothing. Three checks decide it: the well permit (a household-use-only well cannot serve a second dwelling; a domestic well on 35 acres serves up to three), the septic permit (the county health department sizes it per bedroom), and the county's ADU rule. Douglas County's rules are in our Douglas County ADU regulations guide. A barndominium with living quarters and a shop is the acreage version of the same idea; see the Colorado barndominium guide and does that big shop add value to a Colorado acreage property.

Short-term rental rules by Colorado county

Colorado has no statewide short-term rental license, so the rule is set where the land sits. Denver licenses STRs only in your primary residence. Summit, Larimer and El Paso counties license STRs in unincorporated areas with occupancy caps and inspection requirements. Douglas, Jefferson, Elbert and Weld counties each publish their own rule in the county code; read it before you list a cabin near Conifer or a guest house near Elizabeth. Every STR collects state sales tax and the county lodging tax, and a well permit that says household use only does not cover paying guests in a second structure.

Hunting leases and recreation

Eastern plains parcels in Elbert, Lincoln, Weld and Morgan counties lease to hunters for pronghorn, deer and upland birds by the season. Colorado Parks and Wildlife also pays landowners to open ground to public hunting through its Walk-In Access program. A hunting lease does not disturb ag classification and stacks on top of a grazing lease.

An RV park or campground

Campground demand along I-70, US 285 and the Front Range foothills is high from Memorial Day through October, and an RV ranch you can expand with park-model cabins earns more per site than bare pads. In Colorado it is a commercial land use: the county requires a rezoning or special-use permit, the state requires approved water and wastewater systems sized for the site count, and the land loses agricultural classification on the acres in use. Plan on 12 to 24 months of county process before the first guest.

A conservation easement

A landowner who gives up development rights on part or all of a parcel to a certified land trust keeps ownership, keeps farming or grazing, and receives a Colorado state income tax credit of 90% of the donated value, capped at $5 million per donation, which is transferable and sells to other Colorado taxpayers. On a 320-acre ranch near Kiowa where development rights are worth $1.5 million, that is a $1.35 million credit. The easement is permanent and lowers the resale price by the value of the rights given up.

Water rights basics for Colorado landowners

  • Prior appropriation: Colorado allocates water by "first in time, first in right." A senior right gets its full amount before a junior right gets any.
  • Water rights are separate property. They pass only when the deed says so. Land advertised with irrigation and no water right in the deed is dryland.
  • A well permit is not a water right. It is permission to pump within the permit's limits, and the limits are printed on it.
  • Ditch shares are stock in a mutual ditch company; the share certificate, the assessment and the delivery schedule tell you what you own.
  • Rain barrels: two barrels totaling 110 gallons are allowed at a home under HB16-1005; anything larger needs a water right.
  • Who decides: the Colorado Division of Water Resources administers permits and the water courts decide rights.

Before you sell or buy Colorado land

Ag status, the well permit, the lease file and the water deed are the documents that set the price. Read what Colorado landowners should know before selling vacant property and selling land in Colorado before you sell for cash. Buyers get the acreage checklist in equestrian and acreage homes near Denver, Parker and Evergreen.

Where to go next

Talk to the Kenna Real Estate Group

We sell acreage, horse property and land across Douglas, Elbert, Jefferson, Arapahoe, Adams and Weld counties, and we pull the ag status, well permit and water deed before you decide. Call or text 303-955-4220. A live person answers. Not a robot, not a phone tree. Or search every home for sale in Colorado and filter by lot size.

Homes for sale that match this post

Guides

Questions about any home in Colorado? Call or text 303-955-4220. A live person answers.

Quick answers

How many acres do I need for agricultural tax status in Colorado?

There is no acreage minimum in C.R.S. 39-1-102(1.6). The land must be used as a farm or ranch for profit in the two prior years and the current year. Five irrigated acres of hay qualify; 35 idle acres do not.

Do horses count as agriculture for Colorado property tax?

Only when they are part of a for-profit ranching or breeding operation. Boarding, training and riding facilities do not qualify, so pair a boarding barn with a hay or grazing lease on the rest of the land.

What kind of well can I get on 10 acres in Colorado?

A household-use-only well: indoor use in one home, no irrigation, no livestock watering. The exempt domestic well that serves three homes, one acre of irrigation and livestock requires 35 acres or more.

How much do solar leases pay per acre in Colorado?

$500 to $2,000 per acre per year on 20- to 35-year terms, for flat parcels of 10 acres or more within about a mile of three-phase power or a substation. SB23-092 keeps the ag classification when grazing or crops continue under the panels.

Can I run a short-term rental on my acreage in Douglas or Elbert County?

The county code decides; Colorado has no statewide license. Denver allows STRs only in a primary residence, and Summit, Larimer and El Paso counties license them in unincorporated areas. Read your county's rule and your well permit before you list.

What is the Colorado conservation easement tax credit?

A state income tax credit equal to 90% of the donated easement value, capped at $5 million per donation. The credit is transferable, so landowners with small tax bills sell it to other Colorado taxpayers.

Do water rights come with the land in Colorado?

Only when the deed conveys them. Water rights are separate property under prior appropriation, a well permit is not a water right, and ditch shares are company stock that transfers by certificate.

More horse property guides

Start with the Colorado Horse Property Buying Guide, then search every horse property for sale in Colorado.

Horse property by city

Buying or selling horse property in Colorado? Call or text 303-955-4220. A live person answers. Not a robot, not a phone tree.

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WRITTEN BY
Brian Lee Burke
Brian Lee Burke
Team Leader and Licensed Broker, REALTOR® since 2003, Author

Brian Lee Burke is the founder and team leader of Kenna Real Estate Group, a real estate team at Keller Williams DTC. A licensed REALTOR® since 2003, Brian helps Colorado buyers and sellers navigate residential real estate, new construction, pricing, and negotiation. He is also the author of The Real Estate Playbook and Mastering Real Estate: Your Guide to Becoming a Top Agent.

View Brian Lee Burke’s full profile.

WRITTEN BY
Brian Lee Burke
Brian Lee Burke
Team Leader and Licensed Broker, REALTOR® since 2003, Author

Brian Lee Burke is the founder and team leader of Kenna Real Estate Group, a real estate team at Keller Williams DTC. A licensed REALTOR® since 2003, Brian helps Colorado buyers and sellers navigate residential real estate, new construction, pricing, and negotiation. He is also the author of The Real Estate Playbook and Mastering Real Estate: Your Guide to Becoming a Top Agent.

View Brian Lee Burke’s full profile.