SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
990760460Be 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, (ii) forest use consists of a minimum of twenty acres and such maximum acreage as may be prescribed by local ordinance, 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 two acres.
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. The maximum acreage calculations for forest use, if adopted, shall be determined by adding together the total area of real estate titled in the same name whether or not the tracts or parcels are contiguous; and
3. 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 36 43 (§ 15.1-1506 15.2-4300 et seq.) of Title 15.1
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 ten 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 § 15.1-1513 15.2-4314 for withdrawal of
land from an agricultural, a forestal or an agricultural and forestal district.