A. Whenever real property is assessed or reassessed, the commissioner of the revenue or other assessing official shall consider, at the request of the property owner, specially and separately assessing at the fair market value all wetlands on such property, as defined in § 62.1-44.3. If the commissioner of the revenue or other assessing official disagrees with the property owner as to the presence of wetlands, then the commissioner of the revenue or other assessing official shall recognize (i) the National Wetlands Inventory Map prepared by the U.S. Fish and Wildlife Service, (ii) a wetland delineation map confirmed by a Preliminary Jurisdictional Determination, or (iii) an Approved Jurisdictional Determination issued by the U.S. Army Corps of Engineers and provided by the property owner in making his determination, and such map also shall be considered in any administrative or judicial appeal.
B. When wetlands on property are specially and separately assessed, the commissioner of the revenue or other assessing official shall set forth upon the land book (i) the area and the fair market value of such portion of each tract consisting of wetlands and (ii) the area and the fair market value of the remaining portion of each tract.
C. Nothing in this section shall prohibit the commissioner of the revenue or other assessing official from specially and separately assessing at the fair market value wetlands, as well as any other type of lands, even if not requested by the property owner.
D. Under the provisions of this section, the actual physical use of the property shall be the only determining factor of its land use value.
2012, c. 742; 2018, c. 603.
Structure Code of Virginia
Chapter 32 - Real Property Tax
§ 58.1-3200. Real estate subject to local taxation; taxable real estate defined; leaseholds
§ 58.1-3201. What real estate to be taxed; amount of assessment; public service corporation property
§ 58.1-3202. Taxation of certain multi-unit real estate
§ 58.1-3203. Taxation of certain leasehold interests; concessions
§ 58.1-3210. Exemption or deferral of taxes on property of certain elderly and handicapped persons
§ 58.1-3211.1. Prorated tax exemption or deferral of tax
§ 58.1-3212. Local restrictions and exemptions
§ 58.1-3213. Application for exemption
§ 58.1-3214. Absence from residence
§ 58.1-3215. Effective date; change in circumstances
§ 58.1-3216. Deferral programs; taxes to be lien on property
§ 58.1-3217. Permanently and totally disabled defined
§ 58.1-3219. Deferral of portion of real estate tax increases
§ 58.1-3219.1. Conditions of deferral; payment of deferred amounts
§ 58.1-3219.5. Exemption from taxes on property for disabled veterans
§ 58.1-3219.6. Application for exemption
§ 58.1-3219.7. Commissioner of the Department of Veterans Services; rules and regulations; appeal
§ 58.1-3219.8. Absence from residence
§ 58.1-3219.10. Application for exemption
§ 58.1-3219.11. Commissioner of the Department of Veterans Services; rules and regulations
§ 58.1-3219.12. Absence from residence
§ 58.1-3219.15. Application for exemption
§ 58.1-3219.16. Absence from residence
§ 58.1-3221.1. Classification of land and improvements for tax purposes
§ 58.1-3221.2. Classification of certain energy-efficient buildings for tax purposes
§ 58.1-3221.5. Classification of certain historical buildings for tax purposes
§ 58.1-3221.6. Classification of blighted and derelict properties in certain localities
§ 58.1-3222. Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings
§ 58.1-3223. Taxation of life tenant's interest when remainder held by United States
§ 58.1-3224. Apportionment of city taxes when part of real estate becomes separately owned
§ 58.1-3225. Apportionment of taxes, etc., on partition
§ 58.1-3226. Procedure for such apportionment
§ 58.1-3226.1. Release of lien on portion of real estate upon payment of taxes
§ 58.1-3227. Proration of delinquent taxes after purchase of part of tract
§ 58.1-3228. Release of delinquent tax lien to facilitate a conveyance of real property
§ 58.1-3228.1. Partial exemption from real property taxes for flood mitigation efforts
§ 58.1-3228.2. Classification of real property owned by certain surviving spouses for tax purposes
§ 58.1-3230. Special classifications of real estate established and defined
§ 58.1-3235. Removal of parcels from program if taxes delinquent
§ 58.1-3236. Valuation of real estate under ordinance
§ 58.1-3237. Change in use or zoning of real estate assessed under ordinance; roll-back taxes
§ 58.1-3238. Failure to report change in use; misstatements in applications
§ 58.1-3242. Taking of real estate assessed under ordinance by right of eminent domain
§ 58.1-3242.1. Forest Sustainability Fund
§ 58.1-3243. Application of other provisions of Title 58.1
§ 58.1-3244. Article not in conflict with requirements for preparation and use of true values
§ 58.1-3245.1. Blighted areas constitute public danger
§ 58.1-3245.2. Tax increment financing
§ 58.1-3245.4. Issuance of obligations for project costs
§ 58.1-3245.4:1. No annual debt limits for certain cities
§ 58.1-3245.5. Dissolving the Tax Increment Financing Fund
§ 58.1-3245.7. Promotion of development of local enterprise zones
§ 58.1-3245.8. Adoption of local enterprise zone development taxation program
§ 58.1-3245.10. Use of funds deposited in the Local Enterprise Zone Development Fund
§ 58.1-3245.11. Dissolving the Local Enterprise Zone Development Fund
§ 58.1-3245.12. Local enterprise zone program for technology, defense, or green development zones
§ 58.1-3250. General reassessment in cities
§ 58.1-3251. Annual assessment and reassessment in cities having not more than 30,000 population
§ 58.1-3253. Biennial general reassessments; annual or biennial assessment
§ 58.1-3254. Reassessment by direction of governing body
§ 58.1-3255. General reassessment every four years not required in certain counties
§ 58.1-3256. Reassessment in towns; appeals of assessments
§ 58.1-3257. Completion of work; extensions
§ 58.1-3258.2. Grounds for denial or revocation of certification
§ 58.1-3259. Failure of county or city to comply with law on general reassessment of real estate
§ 58.1-3261. Annual assessment of real estate in certain other cities and counties
§ 58.1-3270. Annual or biennial assessment and equalization by commissioner of revenue
§ 58.1-3272. How assessments made by board or assessor
§ 58.1-3274. Establishment of department of real estate assessment; joint departments
§ 58.1-3275. By whom reassessment made in cities and counties
§ 58.1-3276. Qualifications of assessors and appraisers; removal and appointment of substitute
§ 58.1-3277. Forms for general reassessment of real estate in counties, cities and towns
§ 58.1-3278. Department to render assistance
§ 58.1-3280. Assessment of values
§ 58.1-3281. When commissioner of the revenue to ascertain ownership of real estate; tax year
§ 58.1-3282. When land and improvements owned separately; how assessed
§ 58.1-3283. Assessment of airspace owned separately from subjacent land surface
§ 58.1-3284.1. Assessment of lots and open spaces in certain planned development subdivisions
§ 58.1-3284.2. Reassessment of residential property containing defective drywall
§ 58.1-3284.3. Wetlands to be specially and separately assessed
§ 58.1-3285. Assessment and reassessment of lots when subdivided or rezoned
§ 58.1-3286. Mineral lands to be specially and separately assessed; severance tax
§ 58.1-3287. Mineral lands and minerals to be included in general reassessment of real estate
§ 58.1-3288. Assessment in name of "unknown owner."
§ 58.1-3290. How land divided among several owners to be assessed
§ 58.1-3291. Valuation of repairs, additions and new buildings
§ 58.1-3293. Building, etc., when damaged or destroyed, value to be reduced
§ 58.1-3295. Assessment of real property; affordable housing
§ 58.1-3295.1. Assessment of real property; residential rental apartments
§ 58.1-3295.3. Assessment of real property; data centers
§ 58.1-3301. Form of land book
§ 58.1-3302. What the table of town or city lots to contain
§ 58.1-3304. Lists of judgments for partition or recovery of lands and of lands devised
§ 58.1-3305. Penalty on clerks for failure to deliver such lists
§ 58.1-3306. Librarian of Virginia to furnish abstracts of grants
§ 58.1-3308. Commissioner to enter lands appearing on abstracts and assess their value
§ 58.1-3311. Land book not to be altered after delivery to local treasurer
§ 58.1-3312. Changes to be noted in land book by commissioner in making it out
§ 58.1-3313. Commissioners to correct mistakes in their land books
§ 58.1-3314. Transfer and entry fees
§ 58.1-3315. Collection of fees
§ 58.1-3320. Taxes to be extended on basis of assessment
§ 58.1-3321. Effect on rate when assessment results in tax increase; public hearings; referendum
§ 58.1-3330. Notice of change in assessment
§ 58.1-3331. Public disclosure of certain assessment records
§ 58.1-3332. Property appraisal cards or sheets
§ 58.1-3342. Assessment upon owner's death; liability of personalty for tax
§ 58.1-3343. Effect of lien on certain real estate jointly owned
§ 58.1-3344. Taxes a lien on fee simple estate, not merely on interest of owner
§ 58.1-3345. Tax liens on timber in certain counties
§ 58.1-3350. Review of assessment
§ 58.1-3351. How assessed value changed; improvements; correction by court or board of equalization
§ 58.1-3352. When lands in one place are assessed in another; how error corrected
§ 58.1-3353. Assessment not invalid unless rights prejudiced by error
§ 58.1-3354. Change when easement acquired
§ 58.1-3360.2. Proration by court; effect on interest and penalties
§ 58.1-3361. Clerk to furnish lists of such lands
§ 58.1-3362. Refund of taxes paid; effect on penalties and interest
§ 58.1-3363. Recovery of taxes paid while contesting condemnation
§ 58.1-3371. Appointment in counties with county executive or county manager form of government
§ 58.1-3373. Permanent board of equalization
§ 58.1-3373.1. City may elect to provide for board of equalization
§ 58.1-3374. Qualifications of members; vacancies
§ 58.1-3375. Compensation of members
§ 58.1-3376. Organization and assistants; legal assistance
§ 58.1-3377. Use of land books
§ 58.1-3378. Sittings; notices thereof
§ 58.1-3379. Hearing complaints and equalizing assessments
§ 58.1-3380. Taxpayer or local authorities may apply for equalization
§ 58.1-3381. Action of board; notice required before increase made
§ 58.1-3383. Omitted real estate and duplicate assessments
§ 58.1-3384. Minutes and copies of orders
§ 58.1-3385. Commissioner to make changes ordered; when order exonerates taxpayer
§ 58.1-3386. Power of boards to send for persons and papers