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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 5. Department of Conservation And Recreation
Chapter 20. Standards for Classification of Real Estate As Devoted to Open Space Use under the Virginia Land Use Assessment Law
12/31/2024

4VAC5-20-40. Opinions.

In cases of uncertainty, the local assessing officer may request an opinion from the Director of the Department of Conservation and Recreation as to whether a particular property meets the criteria for open-space classification. The procedure for obtaining such an opinion is as follows:

1. The local assessing officer shall address a letter to the Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, describing the particular use and situation and requesting an opinion as to whether it qualifies as an open space for the purpose of use value taxation. Such letter should be accompanied by exhibits, such as land use maps, subdivision plats, open-space deeds or easements, applicable agricultural, forestal, historic district or other ordinances, if any, topographic maps, and photographs sufficient to explain the situation adequately. The director may request additional information if needed.

2. The director may hold a hearing at which the applicant and others may present additional information.

3. The director will issue an opinion as quickly as possible after all necessary information has been received and any hearing completed. An appeal from any opinion that does not comport with the standards set forth herein may be taken as provided by § 58.1-3240 of the Code of Virginia.

Statutory Authority

§§ 58.1-3230 and 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-01 § 4, eff. January 5, 1989; amended, Virginia Register Volume 41, Issue 5, eff. December 5, 2024.

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