2006 Code of Virginia § 58.1-3230 - Special classifications of real estate established and defined

58.1-3230. Special classifications of real estate established and defined.

For the purposes of this article the following special classifications ofreal estate are established and defined:

"Real estate devoted to agricultural use" shall mean real estate devoted tothe bona fide production for sale of plants and animals useful to man underuniform standards prescribed by the Commissioner of Agriculture and ConsumerServices in accordance with the Administrative Process Act ( 2.2-4000 etseq.), or devoted to and meeting the requirements and qualifications forpayments or other compensation pursuant to a soil conservation program underan agreement with an agency of the federal government. Real estate upon whichrecreational activities are conducted for a profit or otherwise, shall beconsidered real estate devoted to agricultural use as long as therecreational activities conducted on such real estate do not change thecharacter of the real estate so that it does not meet the uniform standardsprescribed by the Commissioner.

"Real estate devoted to horticultural use" shall mean real estate devotedto the bona fide production for sale of fruits of all kinds, includinggrapes, nuts, and berries; vegetables; nursery and floral products underuniform standards prescribed by the Commissioner of Agriculture and ConsumerServices in accordance with the Administrative Process Act ( 2.2-4000 etseq.); or real estate devoted to and meeting the requirements andqualifications for payments or other compensation pursuant to a soilconservation program under an agreement with an agency of the federalgovernment. Real estate upon which recreational activities are conducted forprofit or otherwise, shall be considered real estate devoted to horticulturaluse as long as the recreational activities conducted on such real estate donot change the character of the real estate so that it does not meet theuniform standards prescribed by the Commissioner.

"Real estate devoted to forest use" shall mean land including the standingtimber and trees thereon, devoted to tree growth in such quantity and sospaced and maintained as to constitute a forest area under standardsprescribed by the State Forester pursuant to the authority set out in 58.1-3240 and in accordance with the Administrative Process Act ( 2.2-4000et seq.). Real estate upon which recreational activities are conducted forprofit, or otherwise, shall still be considered real estate devoted to forestuse as long as the recreational activities conducted on such real estate donot change the character of the real estate so that it no longer constitutesa forest area under standards prescribed by the State Forester pursuant tothe authority set out in 58.1-3240.

"Real estate devoted to open-space use" shall mean real estate used as, orpreserved for, (i) park or recreational purposes, including public or privategolf courses, (ii) conservation of land or other natural resources, (iii)floodways, (iv) wetlands as defined in 58.1-3666, (v) riparian buffers asdefined in 58.1-3666, (vi) historic or scenic purposes, or (vii) assistingin the shaping of the character, direction, and timing of communitydevelopment or for the public interest and consistent with the local land-useplan under uniform standards prescribed by the Director of the Department ofConservation and Recreation pursuant to the authority set out in 58.1-3240,and in accordance with the Administrative Process Act ( 2.2-4000 et seq.)and the local ordinance.

(Code 1950, 58-769.5; 1971, Ex. Sess., c. 172; 1973, c. 209; 1984, cc. 675,739, 750; 1987, c. 550; 1988, c. 695; 1989, cc. 648, 656; 1996, c. 573; 1998,c. 516; 2006, c. 817.)


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