§ 15.2-4400. Short title.
This chapter shall be known and may be cited as the "Local Agricultural
and Forestal Districts Act."
(1982, c. 374, § 15.1-1513.1; 1997, c. 587.)
§ 15.2-4401. Declaration of policy findings and purpose.
It is state policy to encourage localities of the Commonwealth to conserve
and protect and to encourage the development and improvement of their
agricultural and forestal lands for the production of food and other
agricultural and forestal products. It is also state policy to encourage
localities of the Commonwealth to conserve and protect agricultural and
forestal lands as valued natural and ecological resources which provide
essential open spaces for clean air sheds, watershed protection, wildlife habitat,
aesthetic quality and other environmental purposes. It is the purpose of this
chapter to provide a means by which localities may protect and enhance
agricultural and forestal lands of local significance as a viable segment of
the local economy and as an important economic and environmental resource.
(1982, c. 374, § 15.1-1513.2; 1997, c. 587.)
§ 15.2-4402. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Advisory committee" means the agricultural and forestal advisory
committee.
"Agricultural products" means crops, livestock and livestock
products, including but not limited to field crops, fruits, vegetables,
horticultural specialties, cattle, sheep, hogs, goats, horses, poultry,
furbearing animals, milk, eggs and furs.
"Agricultural production" means the production for commercial
purposes of crops, livestock and livestock products, but not processing or
retail merchandising of crops, livestock or livestock products.
"Agriculturally and forestally significant land" means land that
has historically produced agricultural and forestal products, or land that an
advisory committee considers good agricultural and forestal land based upon
such factors as soil quality, topography, climate, markets, farm improvements,
agricultural and forestry economics and technology, and other relevant factors.
"Clerk" means the clerk of the local circuit court or the clerk of
the local governing body.
"Forestal products" includes, but is not limited to, lumber,
pulpwood, posts, firewood, Christmas trees and other wood products for sale or
for farm use.
"Landowner" or "owner of land" means any person holding
a fee simple interest in property but does not mean the holder of an easement.
"Participating locality" means the Counties of Albemarle, Augusta,
Fairfax, Hanover, Loudoun, Prince William, Roanoke, and Rockingham.
(1982, c. 374, § 15.1-1513.3; 1991, c. 67; 1992, c. 344; 1997, c. 587; 2007,
c. 813.)
§ 15.2-4403. Power of participating localities to enact ordinances;
application form and fees.
A. Participating localities shall have the authority to enact ordinances and
to promulgate forms to effectuate this chapter. The participating locality may
charge a reasonable fee for all applications submitted pursuant to this
chapter; such fee shall not to exceed fifty dollars or the costs of processing
and reviewing an application, whichever is less.
B. The participating locality shall prescribe application forms for agricultural
and forestal districts that include but are not limited to the following
information:
1. The general location and boundaries of the district;
2. A summary of the acreage in the district including (i) estimated total
acreage in the district and (ii) acreage owned by persons proposing the
district;
3. The name, address, total acreage owned within the proposed district and
signature of each landowner proposing the district; and
4. The date of application, date of final county action and whether
approved, modified or rejected.
C. The application form shall be accompanied by maps or aerial photographs,
or both, prescribed by the participating locality which clearly show the
boundaries of the proposed district, boundaries of properties within the
proposed district owned by each applicant, and any other features as prescribed
by the participating locality.
(1982, c. 374, § 15.1-1513.4; 1997, c. 587.)
§ 15.2-4404. Agricultural and forestal districts advisory committee.
Upon receipt of the first agricultural and forestal district application
submitted as permitted under an ordinance adopted pursuant to this chapter, the
local governing body shall establish an advisory committee as prescribed in §
15.2-4304, which section shall apply mutatis mutandis. If an advisory committee
has already been established pursuant to § 15.2-4304, it shall carry out the
duties prescribed in Chapter 43 (§ 15.2-4300 et seq.) as well as in this
chapter.
(1982, c. 374, § 15.1-1513.5; 1997, c. 587.)
§ 15.2-4405. Creation of districts of local significance.
A. A participating locality shall have the authority to create agricultural,
forestal, or agricultural and forestal districts of local significance by the
adoption of a general ordinance establishing a local districts program
according to the provisions of this chapter.
B. In participating localities where such an ordinance has been adopted by
the local governing body, any owner or owners of land may submit an application
pursuant to § 15.2-4403 to the locality for the creation of an agricultural,
forestal, or an agricultural and forestal district of local significance within
such locality. No application for an individual district of local significance
shall be comprised of less than the minimum acreage specified in the general
ordinance, which minimum acreage in no case shall be less than twenty acres. No
owner of land shall be included in any agricultural, forestal, or agricultural
and forestal district of local significance without the owner's written
approval. A separate application may be made by any owner or owners of land for
additional contiguous qualifying lands to be included in an already created
district at any time following such creation.
C. Upon receipt of a proposal for a district of local significance, the
local governing body shall refer the proposal to the planning commission which
shall:
1. Provide notice of the proposal by publishing a notice in a newspaper
having general circulation within the proposed district and by posting such
notice in three conspicuous places within the jurisdiction in which the
proposed district is located. The notice shall state that an application for an
agricultural, forestal, or agricultural and forestal district of local
significance has been submitted to the local governing body, that a copy of the
application is on file open to public inspection in the office of the clerk,
that any proposals for modifications of the district shall be filed within
thirty days, that any owner included in the proposal may withdraw his land, in
whole or in part, at any time until the local governing body makes a final
decision as to the constitution of the district pursuant to subsection D, and
that hearing dates of the planning commission and local governing body shall be
published and posted within thirty days.
2. Refer such proposal and modifications to the advisory committee.
D. Within one year of the date of filing of the application for such
original proposal, the proposal: shall be reviewed by (i) the advisory
committee, which shall report to the local planning commission its
recommendations concerning the proposal and proposed modifications; (ii) the
planning commission, which, after receiving the report of the advisory
committee, shall hold a public hearing as prescribed in subsection E, and shall
report its recommendations concerning the proposal and proposed modifications
to the local governing body; and (iii) the local governing body, which, after
receiving the report of the local planning commission and the advisory
committee, shall hold a public hearing as prescribed below, and may create the
district or any modification of the district by the adoption of a district
ordinance as described in subsection E, or reject the creation of a district as
it deems appropriate. All districts shall meet the minimum requirements set
forth in the participating locality's general ordinance for the creation of
districts of local significance.
E. Public hearings required to be held by the planning commission and local
governing body shall be conducted in the following manner:
1. The hearing as prescribed by law shall be held where the local governing
body usually meets or at a place otherwise readily accessible to the proposed
district;
2. The notice of the public hearing as prescribed by law shall contain a
description of the proposed district, any proposed modifications and any
recommendations of the local planning commission or the advisory committee; and
3. The notice shall be published in a newspaper having a general circulation
within the proposed district and shall be given in writing complete with
proposed modifications to those municipalities whose territory encompasses or
is part of the proposed district.
F. The general ordinance establishing the program to create agricultural,
forestal, or agricultural and forestal districts of local significance shall
state the criteria which shall be considered by the advisory committee and the
local planning commission in advising the local governing body and by the local
governing body in making its decision on whether or not to create a district.
These criteria shall be based on and consistent with the following factors:
1. The agricultural and forestal significance within the proposed district
and in areas adjacent thereto;
2. The presence of any significant agricultural lands or significant
forestal lands within the proposed district and adjacent thereto that are not
now in active farming or production;
3. The nature and extent of land uses other than active farming or forestry
within the proposed district and adjacent thereto;
4. Local developmental patterns and needs including zoning and the
comprehensive plan;
5. The scenic and historic features of land uses within the proposed
district and adjacent thereto;
6. The environmental benefits of preserving the lands in the district in
their existing use; and
7. Any other matter which may be relevant.
In judging significance, any relevant agricultural and forest maps may be considered
as well as soil, climate, topography, quality of tree cover, other natural
factors, markets for farm and forest products, the extent and nature of farm
and forest improvements, evidence of commitment to long-term farm and forest
use, anticipated trends in agricultural and forest economic conditions and
technology, and such other factors as may be relevant. Criteria for judging the
significance of lands in local agricultural and forestal districts to be
created pursuant to this chapter may differ from those for judging the
significance of lands in statewide districts to be created pursuant to Chapter
43 (§ 15.2-4300 et seq.).
(1982, c. 374, § 15.1-1513.6; 1994, c. 431; 1997, c. 587.)
§ 15.2-4406. Provisions of district ordinances for districts of local
significance.
Any district ordinance adopted by the local governing body in order to
create or renew an agricultural, forestal, or agricultural and forestal
district shall include the following provisions:
1. That no parcel included within the district shall be developed to a more
intensive use than its existing use at the time of adoption of the ordinance
creating the district for eight years from the date of adoption of such
ordinance;
2. That no parcel added to an already created district shall be developed to
a more intensive use than its existing use at the time of addition to the
district for eight years from the date of adoption of the original district
ordinance;
3. That land used in agricultural and forestal production within the
agricultural and forestal district of local significance shall automatically
qualify for an agricultural or forestal value assessment on such land pursuant
to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1, if the
requirements for such assessment contained therein are satisfied, whether or
not a local land-use plan or local ordinance pursuant to § 58.1-3231 has been
adopted;
4. That the district shall be reviewed by the local governing body at the
end of the eight-year period and that it may by ordinance renew the district or
modification thereof for another eight-year period; and
5. Any other provisions to the mutual agreement of the landowner and the
local governing body that further the purposes of this chapter.
(1982, c. 374, § 15.1-1513.7; 1997, c. 587.)
§ 15.2-4407. Withdrawal of land from district of local significance.
A. At any time after the creation of an agricultural, forestal, or an
agricultural and forestal district of local significance within Fairfax County,
any owner of land lying in such district may file a written notice of
withdrawal with the local governing body which created the district, and upon
the filing of such notice, the withdrawal shall be effective. In no way shall
this section affect the ability of an owner to withdraw his land from a
proposed district as is authorized by subsection C of § 15.2-4405.
B. Any person withdrawing land from a district located in the Counties of
Albemarle, Augusta, Hanover, Loudoun, Prince William, Roanoke, and Rockingham
shall follow the withdrawal procedures required by § 15.2-4314.
C. Upon withdrawal of land from a district, the real estate previously
included in such district shall be subject to roll-back taxes, as are provided
in § 58.1-3237, and also a penalty in the amount equal to two times the taxes
determined in the year following the withdrawal from the district on all land
previously within the district.
D. Upon withdrawal of land from a district no provisions of the ordinance
which created the district shall any longer apply to the lands previously in
the district which were withdrawn.
E. The withdrawal of land from a district shall not itself serve to
terminate the existence of the district. Such district shall continue in effect
and be subject to review as to whether it should be terminated, modified or
continued pursuant to § 15.2-4405.
(1982, c. 374, § 15.1-1513.8; 1983, c. 558; 1991, c. 67, § 15.1-1513.9;
1994, c. 193; 1997, c. 587; 2007, c. 813.)