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2006 SESSION
063642808Be it enacted by the General Assembly of Virginia:
1. That § 58.1-3233 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-3233. Determinations to be made by local officers before assessment of real estate under ordinance.
Prior to the assessment of any parcel of real estate under any ordinance adopted pursuant to this article, the local assessing officer shall:
1. Determine that the real estate meets the criteria set forth in § 58.1-3230 and the standards prescribed thereunder to qualify for one of the classifications set forth therein, and he may request an opinion from the Director of the Department of Conservation and Recreation, the State Forester or the Commissioner of Agriculture and Consumer Services;
2. Determine further that real estate devoted solely to (i) agricultural or horticultural use consists of a minimum of five acres; except that for real estate used for purposes of engaging in aquaculture as defined in § 3.1-73.6 or for the purposes of raising specialty crops as defined by local ordinance, the governing body may by ordinance prescribe that these uses consist of a minimum acreage of less than five acres, (ii) forest use consists of a minimum of 20 acres and (iii) open-space use consists of a minimum of five acres or such greater minimum acreage as may be prescribed by local ordinance; except that for real estate adjacent to a scenic river, a scenic highway, a Virginia Byway or public property in the Virginia Outdoors Plan or for any real estate in any city, county or town having a density of population greater than 5,000 per square mile, for any real estate in any county operating under the urban county executive form of government, or the unincorporated Town of Yorktown chartered in 1691, the governing body may by ordinance prescribe that land devoted to open-space uses consist of a minimum of one quarter of an acre.
The minimum acreage requirements for special classifications
of real estate shall be determined by adding together the total area of
contiguous real estate excluding recorded subdivision lots recorded after July
1, 1983, titled in the same ownership. For purposes of this section, properties
separated only by a public right-of-way are considered contiguous; and
3. Determine further that real estate devoted solely to agricultural or horticultural use may be evidenced by one of the following documents: (i) the assigned USDA/ASCS farm number, and evidence of participating in a federal farm program, or (ii) federal tax forms (1040F) Farm Expenses and Income, (4835) Farm Rental Income and Expenses, or (1040E) Cash Rent for Agricultural Land, or (iii) a Conservation Farm Management Plan prepared by a professional, or (iv) documentation of gross sales of agricultural or horticultural products averaging more than $5,000 annually over the previous three years; and
34.
Determine further that real estate devoted to open-space use is (i) within an
agricultural, a forestal, or an agricultural and forestal district entered into
pursuant to Chapter 43 (§ 15.2-4300 et seq.) of Title 15.2, or (ii) subject to
a recorded perpetual easement that is held by a public body, and promotes the
open-space use classification, as defined in § 58.1-3230, or (iii) subject to a
recorded commitment entered into by the landowners with the local governing
body, or its authorized designee, not to change the use to a nonqualifying use
for a time period stated in the commitment of not less than four years nor more
than 10 years. Such commitment shall be subject to uniform standards prescribed
by the Director of the Department of Conservation and Recreation pursuant to
the authority set out in § 58.1-3240. Such commitment shall run with the land
for the applicable period, and may be terminated in the manner provided in §
15.2-4314 for withdrawal of land from an agricultural, a forestal or an
agricultural and forestal district.