LIS

Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

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
12/2/2024

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:

A. The local assessing officer shall address a letter to the Director, Department of Conservation and Recreation, 203 Governor St., Suite 302, 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.

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

C. 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 which 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.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.