§ 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 property that has been designated asdevoted to agricultural use shall not lose such designation solely because aportion of the property is being used for a different purpose pursuant to aspecial use permit or otherwise allowed by zoning; provided that theproperty, excluding such portion, otherwise meets all the requirements forsuch designation. The portion of the property being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning shallbe deemed a separate piece of property from the remaining property forpurposes of assessment. The presence of utility lines on real property shallnot be considered in determining whether the property, including the portionwhere the utility lines are located, is devoted to agricultural use. Indetermining whether real property is devoted to agricultural use, zoningdesignations and special use permits for the property shall not be the soleconsiderations.
"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 property that has beendesignated as devoted to horticultural use shall not lose such designationsolely because a portion of the property is being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning;provided that the property, excluding such portion, otherwise meets all therequirements for such designation. The portion of the property being used fora different purpose pursuant to a special use permit or otherwise allowed byzoning shall be deemed a separate piece of property from the remainingproperty for purposes of assessment. The presence of utility lines on realproperty shall not be considered in determining whether the property,including the portion where the utility lines are located, is devoted tohorticultural use. In determining whether real property is devoted tohorticultural use, zoning designations and special use permits for theproperty shall not be the sole considerations.
"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 property that has been designatedas devoted to forest use shall not lose such designation solely because aportion of the property is being used for a different purpose pursuant to aspecial use permit or is otherwise allowed by zoning; provided that theproperty, excluding such portion, otherwise meets all the requirements forsuch designation. The portion of the property being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning shallbe deemed a separate piece of property from the remaining property forpurposes of assessment. The presence of utility lines on real property shallnot be considered in determining whether the property, including the portionwhere the utility lines are located, is devoted to forest use. In determiningwhether real property is devoted to forest use, zoning designations andspecial use permits for the property shall not be the sole considerations.
"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. Real property that has been designated as devoted toopen-space use shall not lose such designation solely because a portion ofthe property is being used for a different purpose pursuant to a special usepermit or is otherwise allowed by zoning; provided that the property,excluding such portion, otherwise meets all the requirements for suchdesignation. The portion of the property being used for a different purposepursuant to a special use permit or otherwise allowed by zoning shall bedeemed a separate piece of property from the remaining property for purposesof assessment. The presence of utility lines on real property shall not beconsidered in determining whether the property, including the portion wherethe utility lines are located, is devoted to open-space use. In determiningwhether real property is devoted to open-space use, zoning designations andspecial use permits for the property shall not be the sole considerations.
(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; 2009, c. 800.)
§ 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 property that has been designated asdevoted to agricultural use shall not lose such designation solely because aportion of the property is being used for a different purpose pursuant to aspecial use permit or otherwise allowed by zoning; provided that theproperty, excluding such portion, otherwise meets all the requirements forsuch designation. The portion of the property being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning shallbe deemed a separate piece of property from the remaining property forpurposes of assessment. The presence of utility lines on real property shallnot be considered in determining whether the property, including the portionwhere the utility lines are located, is devoted to agricultural use. Indetermining whether real property is devoted to agricultural use, zoningdesignations and special use permits for the property shall not be the soleconsiderations.
"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 property that has beendesignated as devoted to horticultural use shall not lose such designationsolely because a portion of the property is being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning;provided that the property, excluding such portion, otherwise meets all therequirements for such designation. The portion of the property being used fora different purpose pursuant to a special use permit or otherwise allowed byzoning shall be deemed a separate piece of property from the remainingproperty for purposes of assessment. The presence of utility lines on realproperty shall not be considered in determining whether the property,including the portion where the utility lines are located, is devoted tohorticultural use. In determining whether real property is devoted tohorticultural use, zoning designations and special use permits for theproperty shall not be the sole considerations.
"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 property that has been designatedas devoted to forest use shall not lose such designation solely because aportion of the property is being used for a different purpose pursuant to aspecial use permit or is otherwise allowed by zoning; provided that theproperty, excluding such portion, otherwise meets all the requirements forsuch designation. The portion of the property being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning shallbe deemed a separate piece of property from the remaining property forpurposes of assessment. The presence of utility lines on real property shallnot be considered in determining whether the property, including the portionwhere the utility lines are located, is devoted to forest use. In determiningwhether real property is devoted to forest use, zoning designations andspecial use permits for the property shall not be the sole considerations.
"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. Real property that has been designated as devoted toopen-space use shall not lose such designation solely because a portion ofthe property is being used for a different purpose pursuant to a special usepermit or is otherwise allowed by zoning; provided that the property,excluding such portion, otherwise meets all the requirements for suchdesignation. The portion of the property being used for a different purposepursuant to a special use permit or otherwise allowed by zoning shall bedeemed a separate piece of property from the remaining property for purposesof assessment. The presence of utility lines on real property shall not beconsidered in determining whether the property, including the portion wherethe utility lines are located, is devoted to open-space use. In determiningwhether real property is devoted to open-space use, zoning designations andspecial use permits for the property shall not be the sole considerations.
(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; 2009, c. 800.)
§ 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 property that has been designated asdevoted to agricultural use shall not lose such designation solely because aportion of the property is being used for a different purpose pursuant to aspecial use permit or otherwise allowed by zoning; provided that theproperty, excluding such portion, otherwise meets all the requirements forsuch designation. The portion of the property being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning shallbe deemed a separate piece of property from the remaining property forpurposes of assessment. The presence of utility lines on real property shallnot be considered in determining whether the property, including the portionwhere the utility lines are located, is devoted to agricultural use. Indetermining whether real property is devoted to agricultural use, zoningdesignations and special use permits for the property shall not be the soleconsiderations.
"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 property that has beendesignated as devoted to horticultural use shall not lose such designationsolely because a portion of the property is being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning;provided that the property, excluding such portion, otherwise meets all therequirements for such designation. The portion of the property being used fora different purpose pursuant to a special use permit or otherwise allowed byzoning shall be deemed a separate piece of property from the remainingproperty for purposes of assessment. The presence of utility lines on realproperty shall not be considered in determining whether the property,including the portion where the utility lines are located, is devoted tohorticultural use. In determining whether real property is devoted tohorticultural use, zoning designations and special use permits for theproperty shall not be the sole considerations.
"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 property that has been designatedas devoted to forest use shall not lose such designation solely because aportion of the property is being used for a different purpose pursuant to aspecial use permit or is otherwise allowed by zoning; provided that theproperty, excluding such portion, otherwise meets all the requirements forsuch designation. The portion of the property being used for a differentpurpose pursuant to a special use permit or otherwise allowed by zoning shallbe deemed a separate piece of property from the remaining property forpurposes of assessment. The presence of utility lines on real property shallnot be considered in determining whether the property, including the portionwhere the utility lines are located, is devoted to forest use. In determiningwhether real property is devoted to forest use, zoning designations andspecial use permits for the property shall not be the sole considerations.
"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. Real property that has been designated as devoted toopen-space use shall not lose such designation solely because a portion ofthe property is being used for a different purpose pursuant to a special usepermit or is otherwise allowed by zoning; provided that the property,excluding such portion, otherwise meets all the requirements for suchdesignation. The portion of the property being used for a different purposepursuant to a special use permit or otherwise allowed by zoning shall bedeemed a separate piece of property from the remaining property for purposesof assessment. The presence of utility lines on real property shall not beconsidered in determining whether the property, including the portion wherethe utility lines are located, is devoted to open-space use. In determiningwhether real property is devoted to open-space use, zoning designations andspecial use permits for the property shall not be the sole considerations.
(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; 2009, c. 800.)
