Agricultural and Forestal Districts (AFDs)

Nelson County's AFD ordinance begins with this statement of purpose: "… to conserve, protect, and to encourage the development and improvement of its agricultural and forestal lands for the production of food and other agricultural or forestal products." It continues: "… to conserve and protect agricultural and forestal lands as valued natural resources, which provide essential open spaces for improvement of air quality, watershed protection, wildlife habitat and aesthetic benefits for residents and visitors."

AFDs are one of the four tools for protecting agricultural lands and forests recognized in the County's Comprehensive Plan - along with use value assessment, purchase of development rights (PDRs), and conservation easements. AFDs are designated areas that encourage and facilitate the continuance of agricultural and forest production for commercial and environmental purposes. They provide landowners with certain tax benefits and restrictions on public utility and government actions to protect the agricultural use of the land. Typically, landowners agree not to subdivide their land to a more intensive non-agricultural use during the term of the district, with exceptions such as family divisions. In return, the government agrees to provide various protections from non-agricultural interference and development pressure.

Landowners assemble to decide the location, size, composition, and name of their district. An application to create a district includes a description and map of the district, total acreage, tax parcel I.D. numbers, acreage and signature of each landowner, proposed conditions (if any other than those spelled out in the County ordinance), and proposed term of duration (4 to 10 years). The application must be accompanied by a payment of $300, and must be submitted on or before June 1. The application is first reviewed by the Agricultural and Forestal District Advisory Committee (10 members appointed by the Board of Supervisors), the Planning Commission, the Board of Supervisors, and the public (through a public hearing process). The review process can take up to 180 days to completion.

A district must have a core of contiguous properties consisting of at least 200 acres. Outlying parcels can be included in the district as long as they are within one mile of the boundary of the 200-acre core or contiguous to district land that is within one mile of the core. There is no minimum acreage for each landowner, no minimum number of landowners, and no maximum acreage for the district. Landowners who own more than one tax parcel are not required to place all of their parcels into the district, and must identify all parcels which are to be placed in the district. Lands already under permanent conservation easements may be placed into an AFD in order to help unify the surrounding area.

Landowners can withdraw or add land to the district any time during either the application or the review process. Once the AFD is official, other landowners may join the district by applying before the June 1 deadline each year, and they will be subject to all of the existing terms of the AFD. Heirs can withdraw land within two years of the death of the landowner. In addition, for "good and reasonable cause," an owner can petition the governing body for permission to withdraw land while a district is in effect.

AFDs serve the public good by helping to maintain the rural character of the community. The scenic value of AFDs is a benefit for tourism, and may make the AFD concept attractive to residents not living in agricultural areas (e.g., Wintergreen). AFDs create community spirit among neighbors in rural areas, and give a neighborhood an enhanced status before government authorities. Zoning regulations continue to apply to the district, but property owners voluntarily apply more restrictive conditions on their land to support a common vision for the future development of their area. For more information, contact Rural Nelson at info@ruralnelson.org, call 434.263.5000 or visit our website at http://www.ruralnelson.org/Ordinances/AgForestalDistrictFinalOrdinance.htm

Contact the AFD Advisory Committee: Susan McSwain (Chairperson) 263.6714 or Andy Wright (Vice Chair) 263.8938.