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Solar leases and your Texas ag valuation: rollback taxes explained

Updated · About 7 minutes

General information, not a substitute for the advice of an attorney.

Most Texas farm and ranch land is taxed on what it produces, not what it would sell for. A solar or battery project can end that, and the bill that follows, the rollback tax, surprises a lot of landowners. Here is how it works under current law, and how to make sure the developer pays it.

What is ag valuation?

Qualifying farm and ranch land in Texas is appraised on its agricultural productivity instead of its market value, which usually means a much lower tax bill. It is often called an "ag exemption," but it is a special appraisal, not an exemption. The Texas Comptroller explains the eligibility rules and publishes the manual appraisal districts follow (Texas Comptroller).

What triggers a rollback?

When the use of land with ag valuation changes, the law imposes an additional tax, and a tax lien attaches to the land on the date the change of use occurs (Tax Code 23.55). Whether a change of use has happened is decided by the county's chief appraiser, not by the landowner or the developer (Tax Code 23.55(e)).

Texas A&M AgriLife's agricultural law specialists warn that a solar project can affect whether land still qualifies, and that even after a project is removed, it could be years before the land qualifies for ag valuation again (Texas A&M AgriLife). Land generally has to have been in agricultural use for at least five of the previous seven years to qualify (Texas Comptroller; Tax Code 23.51).

How much is the rollback tax?

The rollback is the difference between the taxes you paid under ag valuation and the taxes you would have paid at market value, for each of the three years before the year the use changed (Tax Code 23.55(a); Texas Comptroller). Two law changes set those terms:

  • Three years, not five. A 2019 law, HB 1743, shortened the look-back from five years to three and cut the interest from 7% to 5% (Texas A&M AgriLife).
  • No interest unless it goes unpaid. A 2021 law, HB 3833, removed the 5% interest for changes of use on or after June 15, 2021; penalties and interest apply only if the rollback becomes delinquent (HB 3833; Texas A&M AgriLife; Tax Code 23.55(e)). This covers open-space (1-d-1) appraisal. Land appraised under the older 1-d system has its own rules, including interest on the rollback (Texas Comptroller).
Watch for outdated numbers. Many websites still describe a five-year look-back with 7% interest. Those were the rules before 2019 and 2021. Ask your appraisal district for an estimate based on current law.

An illustration

Suppose 100 acres pays about $300 a year in taxes under ag valuation but would pay about $6,000 a year at market value. The difference is $5,700 a year. Over three years, the rollback would be about $17,100. These numbers are made up to show the math; your appraisal district can estimate the real figure for your land. To run your own numbers against an offer, use the solar lease calculator.

Does a solar project always end ag valuation?

Not automatically, but you should plan as if it could. AgriLife notes that solar panels are often placed continuously and can prevent other uses of the surface, unlike oil and gas or wind, where farming and grazing usually continue (Texas A&M AgriLife).

Some Texas solar sites do keep livestock. Sheep grazing under panels is becoming more common: the American Solar Grazing Association says sheep graze at about 100 Texas solar arrays (MIT Climate Portal), and the Texas Tribune reported on sheep grazing at a solar farm in Haskell County (Texas Tribune). Whether grazing keeps your ag valuation is up to your county's chief appraiser (Tax Code 23.55(e)), so ask before you sign.

Who should pay the rollback?

AgriLife recommends that the lease require the solar company to cover any additional real property taxes caused by the project, and to pay the personal property taxes on its equipment (Texas A&M AgriLife). Put it in writing, including the rollback, any higher taxes on the leased acres while the project is there, and what happens if the project is removed and your land needs years to requalify.

Get the land report

Click your land on the map to get its free land report: flood zone, wetlands, nearest power line, soils, survey location, and the half-mile, 500-acre standout test. In Texas and 26 other states, parcel acreage fills in automatically.

Questions to ask before you sign

  • Will the appraisal district treat the leased acres as a change of use, and when?
  • Can I get a written estimate of the rollback on those acres?
  • Does the lease make the company pay the rollback and any higher taxes during the lease?
  • If grazing continues under the panels, will the district keep the valuation?
  • After the project is removed, who pays the higher taxes until the land requalifies?

General information from the sources linked above, not legal or tax advice. Your appraisal district and a Texas attorney can tell you how the rules apply to your land.

Related: Solar option agreements · What Texas solar leases pay

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