                                 CODE OF VIRGINIA

DETERMINATIONS TO BE MADE BY LOCAL OFFICERS BEFORE ASSESSMENT OF REAL ESTATE
UNDER ORDINANCE (§ 58.1-3233)

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 &#xA7;
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 agricultural purposes, for purposes of engaging in aquaculture
as defined in &#xA7; 3.2-2600, or for 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. However, for purposes of adding together such total area of
contiguous real estate, any noncontiguous parcel of real property included in an
agricultural, forestal, or an agricultural and forestal district of local
significance pursuant to subsection B of &#xA7; 15.2-4405 shall be deemed to be
contiguous to any other real property that is located in such district. 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 to open-space use is (i) within an
agricultural, a forestal, or an agricultural and forestal district entered into
pursuant to Chapter 43 (&#xA7; 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 &#xA7; 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 &#xA7; 58.1-3240. Such commitment shall run with the land
for the applicable period, and may be terminated in the manner provided in
&#xA7; 15.2-4314 for withdrawal of land from an agricultural, a forestal or an
agricultural and forestal district.

HISTORY: Code 1950, § 58-769.7; 1971, Ex. Sess., c. 172; 1973, c. 209; 1980, c.
75; 1984, cc. 675, 739, 750; 1987, c. 550; 1988, cc. 462, 695; 1989, c. 656;
1990, c. 695; 1991, cc. 69, 490; 2002, c. 475; 2003, c. 356; 2010, c. 653; 2015,
c. 485.