Riparian Buffer Tax Credit

Introduction | Buffer Valuation | Frequently Asked | How To Qualify | How To Apply | Required Documents | Required Information | Hardcopy Map Requirements | Review Process | Code of Virginia

How To Qualify

  1. The harvested area must have more than 50% of the basal area harvested adjacent to the riparian buffer. If more than 50% of the basal area was retained in the harvested area the landowner has not foregone income by leaving the buffer.
  2. No water quality law violation can exist on the harvest area. If there is a water quality law violation, it must be resolved before the landowner is eligible for the tax credit.
  3. Timber harvest has been completed adjacent to the buffer and on the same tract.
  4. Buffer must be at least 35 feet wide, from the bank to the outer drip line, and no more than 300 feet and remain intact for 15 years. The buffer can be on one side of the stream.
  5. Buffer must be on "any perennial or intermittent stream found on the US Geologic Survey 1:24,000 topographic maps" or meet the definition of a stream according to US Geologic Survey.
  6. Landowners can be individuals, S-Corporations or Partnerships (S-Corps and Partnerships MUST pass Tax Credit to shareholders/partners). Estates and Trusts are not eligible for this tax credit, but Family Partnerships and Limited Liability Corporations are eligible.
  7. Lands located outside the state boundary are not eligible.
  8. Any land disturbance that reduces the effectiveness of the buffer, including allowing livestock access, will disqualify the area.
  9. Maintained corridors (such as rights-of-way or roads), areas around maintained structures, or openings in crown cover greater than 60 feet do not qualify as buffer areas.
  10. Harvest completion was after January 1, 2000.
  11. Harvest completion date (year) dictates the tax year that tax credit is redeemable for. For example, if harvest is completed January 2004, tax credit must be taken against 2004 taxes.

Last modified: Thursday, 06-Nov-2014 10:37:22 EST