Current through Register Vol.. 38, No. 17, April 11, 2022
The specific standards for determining whether real estate
will qualify for special assessment based on open-space use are as follows. The
term "land" includes water, submerged land, wetlands, marshes, and similar
Park or recreation
uses. Lands that are provided or preserved for:
Any public, semi-public or privately-owned
park, playground or similar recreational area, for public or community use,
except any use operated with intent for profit.
Examples: Parks, play areas, athletic fields, botanical
gardens, fishing or skating ponds; golf clubs, country clubs, swimming clubs,
beach clubs, yacht clubs, scout camps; fairgrounds.
2. Golf courses operated for profit as a
public service and having the park-like characteristics normally associated
with a country club.
shall not cover more than 10% of the site.
4. Commercial recreational or amusement
places, such as driving ranges, miniature golf courses, pony rides, trap
shoots, marinas, motor speedways, drag strips, amusement parks and the like,
shall not qualify.
Conservation of land or other natural resources. Lands that are provided or
preserved for forest preserves, bird or wildlife sanctuaries, watershed
preserves, nature preserves, arboretums, marshes, swamps and similar natural
Floodways. Lands that are
provided or preserved for:
1. The passage or
containment of waters, including the floodplains or valleys and side slopes of
streams that are or may be subject to periodic or occasional overflow, such as
floodplains identified by engineering surveys by the U.S. Corps of Engineers or
others, or by soil surveys or topographic maps. Floodways also include adjacent
lands that should be reserved as additional channels for future floods due to
lowlands, such as bays, estuaries or ocean shores, subject to inundation by
storms or high tides.
3. Tidal and
nontidal wetlands, such as swamps, bogs and marshes.
D. Wetlands as defined in § 58.1-3666 of
the Code of Virginia.
buffers as defined in § 58.1-3666 of the Code of Virginia.
Historic or scenic areas. Lands that are
provided or preserved for historic or scenic purposes are:
1. On the Virginia Landmarks Register or the
National Register of Historic Places or contributing properties in an historic
district listed in the Virginia Landmarks Register or the National Register of
Historic Places. Information concerning properties on these registers
maintained by the Department of Historic Resources can be obtained from the
Department of Conservation and Recreation.
2. Properties protected by scenic or
designated or recommended as "Scenic" by the Department of Conservation and
Recreation, the Department of Transportation, the General Assembly or other
state agency subject in each case to a specific area description provided by
the designating agency.
Assisting in the shaping of the character,
direction and timing of community development, or for the public interest.
Lands that are officially planned or approved by the local governing body to be
left in a relatively natural and undeveloped state and that are provided or
preserved for the purpose of shaping the locality into neighborhoods and
communities, identifying their boundaries, insulating incompatible uses from
one another, directing growth, controlling the rate or timing of growth or
otherwise serving the public interest as determined by the local governing
Greenbelts, parkways and trailways,
Forests and farmlands,
Hilltops or hillsides,
Mountaintops and mountainsides,