                                 CODE OF VIRGINIA

WETLANDS TO BE SPECIALLY AND SEPARATELY ASSESSED (§ 58.1-3284.3)

A. Whenever real property is assessed or reassessed, the commissioner of the
revenue or other assessing official shall consider, at the request of the
property owner, specially and separately assessing at the fair market value all
wetlands on such property, as defined in &#xA7; 62.1-44.3. If the commissioner
of the revenue or other assessing official disagrees with the property owner as
to the presence of wetlands, then the commissioner of the revenue or other
assessing official shall recognize (i) the National Wetlands Inventory Map
prepared by the U.S. Fish and Wildlife Service, (ii) a wetland delineation map
confirmed by a Preliminary Jurisdictional Determination, or (iii) an Approved
Jurisdictional Determination issued by the U.S. Army Corps of Engineers and
provided by the property owner in making his determination, and such map also
shall be considered in any administrative or judicial appeal.

B. When wetlands on property are specially and separately assessed, the
commissioner of the revenue or other assessing official shall set forth upon the
land book (i) the area and the fair market value of such portion of each tract
consisting of wetlands and (ii) the area and the fair market value of the
remaining portion of each tract.

C. Nothing in this section shall prohibit the commissioner of the revenue or
other assessing official from specially and separately assessing at the fair
market value wetlands, as well as any other type of lands, even if not requested
by the property owner.

D. Under the provisions of this section, the actual physical use of the property
shall be the only determining factor of its land use value.

HISTORY: 2012, c. 742; 2018, c. 603.