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June 30, 2025
Re: Standards for Classification of Real Estate As Devoted to Agricultural Use and to Horticultural Use under the Virginia Land Use Assessment Law [2 VAC 5 ? 20]
On behalf of the Virginia Agribusiness Council, I am writing to support these regulations with suggestions for slight amendments. As an organization dedicated to advancing the interests of Virginia’s agricultural and forestry industries, we recognize the vital role that the use-value assessment program has in maintaining farm and forest lands in the Commonwealth.
These standards help guide localities in adopting regulations that implement this important program. The regulation—2 VAC 5-20—lays out criteria that landowners must meet to qualify for property tax assessments based on the land’s use for bona fide agricultural or horticultural production. The goals are to:
- Encourage the proper use of real estate to ensure a steady supply of agricultural and forest products.
- Conserve natural resources, such as preventing erosion and protecting water supplies.
- Preserve open space and scenic beauty, especially near growing population centers.
- Support land-use planning and reduce pressure to convert farmland into more intensive developments.
- Promote a balanced economy by keeping agriculture viable and competitive.
These standards align with our mission to sustain and grow Virginia’s agricultural economy. By supporting this classification system, they help ensure that working lands remain productive and economically feasible for future generations.
The review period is open to determine “whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.” These standards protect public health, help small businesses thrive in rural communities, and are written with flexibility for local governments to work with stakeholders in implementing the program.
Under 2VAC5-20-40. Certification procedures, current language reads: "The commissioner of revenue or local assessing officer may find one of the following documents useful in making his determination."
Altering the language to "Examples of document types that may be provided to a commissioner of revenue or local assessing officer if requested as verification include” would give local governments more flexibility to work with landowners in administering the program and help with determinations for qualification in the program.
Please reach out with any questions.
Sincerely,
Trey Davis
President and CEO, Virginia Agribusiness Council
804-338-6969