Administrative Code

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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 20. Standards for Classification of Real Estate As Devoted to Agricultural Use and to Horticultural Use under the Virginia Land Use Assessment Law
5/25/2022

2VAC5-20-20. Current use.

A. The applicant shall certify that the real estate sought to be qualified currently meets one or more of the following requirements:

1. Be devoted to the bona fide production for sale of plants or animals that are useful to man;

2. Be devoted to the bona fide production for sale of products that are useful to man and that are made on the real estate from plants or animals produced on the real estate;

3. Be devoted to the bona fide production for sale of fruit of all kinds, including grapes, nuts, and berries;

4. Be devoted to the bona fide production for sale of vegetables;

5. Be devoted to the bona fide production for sale of nursery or floral products;

6. Be devoted to the bona fide production for sale of plants or products directly produced on such real estate from fruits, vegetables, nursery or floral products, or plants produced on such real estate; or

7. Be devoted to and meet the requirements and qualifications for payments or other compensation pursuant to a soil and water conservation program under an agreement with an agency of the state or federal government.

B. No real estate devoted to the production of trees or timber products may qualify unless:

1. The real estate is less than 20 acres;

2. The real estate meets the technical standards prescribed by the State Forester; and

3. The real estate is producing tree or timber products incidental to other farm operations.

Statutory Authority

§ 58.1-3230 of the Code of Virginia.

Historical Notes

Derived from VR115-01-02 § 1, eff. November 23, 1988; amended, Virginia Register Volume 22, Issue 11, eff. March 10, 2006; Volume 37, Issue 2, eff. October 15, 2020.

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