2006 Code of Virginia § 58.1-3233 - Determinations to be made by local officers before assessment of real estate under ordinanc...

58.1-3233. Determinations to be made by local officers before assessment ofreal estate under ordinance.

Prior to the assessment of any parcel of real estate under any ordinanceadopted pursuant to this article, the local assessing officer shall:

1. Determine that the real estate meets the criteria set forth in 58.1-3230and the standards prescribed thereunder to qualify for one of theclassifications set forth therein, and he may request an opinion from theDirector of the Department of Conservation and Recreation, the State Foresteror the Commissioner of Agriculture and Consumer Services;

2. Determine further that real estate devoted solely to (i) agricultural orhorticultural use consists of a minimum of five acres; except that for realestate used for purposes of engaging in aquaculture as defined in 3.1-73.6or for the purposes of raising specialty crops as defined by local ordinance,the governing body may by ordinance prescribe that these uses consist of aminimum acreage of less than five acres, (ii) forest use consists of aminimum of 20 acres and (iii) open-space use consists of a minimum of fiveacres or such greater minimum acreage as may be prescribed by localordinance; except that for real estate adjacent to a scenic river, a scenichighway, a Virginia Byway or public property in the Virginia Outdoors Plan orfor any real estate in any city, county or town having a density ofpopulation greater than 5,000 per square mile, for any real estate in anycounty operating under the urban county executive form of government, or theunincorporated Town of Yorktown chartered in 1691, the governing body may byordinance prescribe that land devoted to open-space uses consist of a minimumof one quarter of an acre.

The minimum acreage requirements for special classifications of real estateshall be determined by adding together the total area of contiguous realestate excluding recorded subdivision lots recorded after July 1, 1983,titled in the same ownership. For purposes of this section, propertiesseparated only by a public right-of-way are considered contiguous; and

3. Determine further that real estate devoted to open-space use is (i) withinan agricultural, a forestal, or an agricultural and forestal district enteredinto 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, andpromotes the open-space use classification, as defined in 58.1-3230, or(iii) subject to a recorded commitment entered into by the landowners withthe local governing body, or its authorized designee, not to change the useto a nonqualifying use for a time period stated in the commitment of not lessthan four years nor more than 10 years. Such commitment shall be subject touniform standards prescribed by the Director of the Department ofConservation 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 beterminated in the manner provided in 15.2-4314 for withdrawal of land froman agricultural, a forestal or an agricultural and forestal district.

(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.)