Administrative Code

Virginia Administrative Code
12/5/2022

Chapter 20. Standards for Classification of Real Estate As Devoted to Forest Use under the Virginia Land Use Assessment Law

4VAC10-20-10. Purpose and statement of standards.

Under the authority of § 58.1-3229 et seq. of the Code of Virginia, the State Forester adopts these Standards for Classification of Real Estate As Devoted to Forest Use under the Special Assessment for Land Preservation to:

1. Encourage the proper use of real estate in order to assure a readily available source of agricultural, horticultural, and forest products, and of open space within reach of concentrations of population.

2. Conserve natural resources in forms that will prevent erosion.

3. Protect adequate and safe water supplies.

4. Preserve scenic natural beauties and open spaces.

5. Promote proper land-use planning and the orderly development of real estate for the accommodation of an expanding population.

6. Promote a balanced economy and ease/lessen the pressures which force the conversion of real estate to more intensive uses.

According to the specific authority and responsibility conveyed by §§ 58.1-3230, 58.1-3233 and 58.1-3240, the State Forester is directed to provide a statement of the standards which shall be applied uniformly throughout the state to determine if real estate is devoted to forest use. After holding public hearings, pursuant to the Administrative Process Act (§ 9-6.14:1 et. seq. of the Code of Virginia) the statement shall be sent to the commissioner of the revenue and the duly appointed assessor of each locality adopting an ordinance in compliance with Article 4 of Chapter 32 of Title 58.1 of the Code of Virginia.

Statutory Authority

§§ 58.1-3230 and 58.1-3240 of the Code of Virginia.

Historical Notes

Derived from VR312-01-02, eff. January 1, 1989.

4VAC10-20-20. Technical standards for classification of real estate devoted to forest use.

A. The area must be a minimum of 20 acres and must meet the following standards to qualify for forestry use.

B. Productive forest land. The real estate sought to be qualified shall be devoted to forest use that has existent on it, and well distributed, commercially valuable trees of any size sufficient to compose at least 40% normal stocking of forest trees, as shown in Table 1. Land devoted to forest use that has been recently harvested of merchantable timber, is being regenerated into a new forest, and not currently developed for nonforest use shall be eligible. To be qualified the land must be growing a commercial forest crop that is physically accessible for harvesting when mature.

C. Nonproductive forest land. The land sought to be qualified is land devoted to forest use but is not capable of growing a crop of industrial wood because of inaccessibility or adverse site conditions such as steep outcrops of rock, shallow soil on steep mountain sides, excessive steepness, heavily eroded areas, coastal beach sand, tidal marsh, and other conditions that prohibit the growth and harvesting of a crop of trees suitable for commercial use.

D. Definitions.

1. Tree. A living woody perennial plant, six inches or larger in diameter, of a species presently or prospectively suitable for commercial industrial wood products with a well-defined stem or stems carrying a more or less definite crown.

2. Stocking. Normal stocking is the number of trees three inches and larger in diameter at breast high required to equal a total basal area of 75 square feet per acre, or where such trees are not present, there shall be present tree seedlings or tree seedlings and trees in any combination sufficient to meet the 40% stocking set forth in Table 1.

3. Diameter at breast high (DBH). The diameter of the stem of a tree measured at breast height (4.5 feet or 1.37 meters) above the ground.

4. Basal area. The cross-sectional area of a stem, including the bark, measured at breast height.

Table 1
Minimum Number of Trees Required Per Acre to Determine 30 Square Feet of Tree Basal Area of 40% Normal Stocking for Classification as Forest Land.

DBH Range

DBH in 2" Classes

Basal Area Per Tree

Per Acre

Per 1/5 Acre

Per 1/10 Acre

up to 2.9"

Seedlings

400

80

40

3.0-4.9"

4

0.0873

343

80

40

5.0-6.9"

6

0.1964

153

31

15

7.0-8.9"

8

0.3491

86

17

9

9.0-10.9"

10

0.5454

55

11

6

11.0-12.9"

12

0.7854

38

8

4

13.0-14.9"

14

1.069

28

6

3

15.0-+

16+

1.3963

21

4

2

NOTE: (a) Area 1/5 acre; circle, diameter 105'4"; square 93'4" per side

(b) Area 1/10 acre; circle, diameter 74'6"; square 66' per side

(c) Number of seedlings present may qualify on a percentage basis. Example, 100 seedlings would be equivalent of 7.5 square feet of basal area (25% X 30 = 7.5).

(d) Seedlings per acre are based on total pine and hardwood stems. Where intensive pine management is practiced a minimum of 250 well distributed loblolly or white pine seedlings will qualify.

Statutory Authority

§§ 58.1-3230 and 58.1-3240 of the Code of Virginia.

Historical Notes

Derived from VR312-01-02 § 1, eff. January 1, 1989; amended, Virginia Register Volume 30, Issue 5, eff. January 3, 2014.

4VAC10-20-30. Conservation of land resources, management and production, and certification.

A. To qualify for forest use, the owner shall certify that the real estate is being used in a planned program of timber management and soil conservation practices which are intended to:

1. Enhance the growth of commercially desirable species through generally accepted silvicultural practices.

2. Reduce or prevent soil erosion by best management practices such as logging road layout and stabilization, streamside management zones, water diversion practices and other best management practices which prevent soil erosion and improve water quality.

B. Certification of intent by the owner can be shown by:

1. A signed commitment to maintain and protect forestland by documenting land-use objectives to include methods of resource management and soil and water protection; or

2. Submitting a plan prepared by a professional forester.

Statutory Authority

§§ 58.1-3230 and 58.1-3240 of the Code of Virginia.

Historical Notes

Derived from VR312-01-02 § 2, eff. January 1, 1989.

4VAC10-20-40. Opinions.

Section 58.1-3240 of the Code of Virginia, authorizes a local assessing officer to request an opinion from the State Forester determining whether a particular property meets the criteria for forest use. The request should be in writing describing the situation in question. Maps, photos or other pertinent information should accompany the request. The State Forester may hold a hearing or arrange for an onsite inspection by a department official, the applicant and the local assessing officer. The State Forester will issue his opinion as quickly as possible after all necessary information has been received. An appeal of any opinion that does not comply with these standards may be taken as provided by § 58.1-3240 of the Code of Virginia.

Statutory Authority

§§ 58.1-3230 and 58.1-3240 of the Code of Virginia.

Historical Notes

Derived from VR312-01-02 § 3, eff. January 1, 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.