CHAPTER X

AGRICULTURAL AND FORESTAL DISTRICTS

Sections:

ARTICLE I. IN GENERAL

X-100 Purpose and intent.

X-101 Definitions.

X-102 Districts may be created, modified, renewed, continued and terminated.

X-103 Planning Commission; powers and duties.

X-104 Advisory Committee established; powers and duties.

ARTICLE II. PROCEDURE

X-200 Minimum size and location of district.

X-201 Creation of district.

X-202 Effect of district creation.

X-203 Addition of land to district.

X-204 Review of district; continuation, modification or termination.

X-205 Withdrawal of land from district.

X-206 Fees.

X-207 Mailing of Notices.

ARTICLE I. IN GENERAL

Sec. X-100 Purpose and intent.

A. The policy of the County is 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 is also the policy of the County 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.

B. It is the purpose and intent of this chapter to provide a means, in accordance with the Comprehensive Plan, by which agricultural and forestal lands may be protected and enhanced as a viable segment of state and local economies, and as important economic and environmental resources.

State law reference--Va. Code § 15.2-4301

Sec. X-101 Definitions.

As used in this chapter, unless the context requires a different meaning:

"Advisory Committee" means the Agricultural and Forestal Districts 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, and includes the processing or retail sales by the producer of crops, livestock or livestock products which are produced on the parcel or in the district.

"Agriculturally and forestally significant land" means land that has recently or historically produced agricultural and forestal products, is suitable for agricultural or forestal production or is considered appropriate to be retained for agricultural and forestal production as determined by such factors as soil quality, topography, climate, markets, farm structures, and other relevant factors.

"Application" means the set of items a landowner or landowners must submit to the Board of Supervisors when applying for the creation of a district or an addition to an existing district.

"District" means an agricultural, forestal, or agricultural and forestal district.

"Forestal production" means the production for commercial purposes of forestal products and includes the processing or retail sales, by the producer, of forestal products which are produced on the parcel or in the district. "Forestal products" include, but are not limited to, saw timber, pulpwood, posts, firewood, Christmas trees and other tree and 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.

State law reference--Va. Code § 15.2-4302.

Sec X-102 Districts may be created, modified, renewed, continued and terminated.

The Board of Supervisors may create, modify, renew, continue and terminate agricultural and forestal districts and authorize the withdrawal therefrom, as provided in this chapter and in Chapter 43 of Title 15.2 of the Code of Virginia.

State law reference--Va. Code § 15.2-4303.

Sec. X-103 Planning Commission; powers and duties.

The Planning Commission shall have the following powers and duties in the implementation of this chapter:

A. The Commission shall evaluate all applications to create, modify, renew, continue and terminate an agricultural and forestal district as provided in this chapter.

B. The Commission shall conduct public hearings as provided by this chapter and Chapter 43 of Title 15.2 of the Code of Virginia, and provide notice of such hearings as provided by law.

C. The Commission shall make recommendations on all such applications and report its recommendations to the Board of Supervisors.

D. The Commission shall have all other powers and duties granted to it pursuant to Chapter 43 of the Title 15.2 of the Code of Virginia.

State law reference--Va. Code §§ 15.2-4300 et seq.

Sec. X-104 Advisory Committee established; powers and duties.

An Advisory Committee is hereby established, as provided herein:

A. The Committee shall consist of ten (10) members appointed by the Board of Supervisors. The Committee shall be comprised of four (4) landowners who are engaged in agricultural or forestal production, four (4) other landowners of the County, the Commissioner of Revenue, and one (1) member of the Board of Supervisors.

B. The members of the Committee shall serve at the pleasure of the Board of Supervisors.

C. The members of the Committee shall serve without pay, but the Board of Supervisors may, at its discretion, reimburse each member for actual and necessary expenses incurred in the performance of his duties.

D. The Committee shall elect a chairman, vice-chairman and secretary at the first meeting of the Committee each calendar year. The secretary need not be a member of the Committee.

E. The Committee shall advise the Planning Commission and the Board of Supervisors on matters that it considers pursuant to this chapter, and shall render expert advice as to the nature of farming and forestry and agricultural and forestal resources within a district and the relation of those resources to the County.

F. The Committee shall advise the Planning Commission and the Board of Supervisors on matters pertaining to the rural areas of the County which may affect agriculture or forestry.

State law reference--Va. Code §15.2-4304.

ARTICLE II. PROCEDURE

Sec. X-200 Minimum size and location of district.

Each agricultural and forestal district shall have a core of no less than two hundred (200) acres in one parcel or in contiguous parcels. A parcel not of the core may be included in a district if the nearest boundary of the parcel is within one (1) mile of the boundary of the core, or if it is contiguous to a parcel in the district, the nearest boundary of which is within one (1) mile of the core. The land included in such a district may be located in more than one locality provided that the requirements of Virginia Code § 15.2-4305 for such districts are satisfied. All included tracts shall be shown as separate parcels in the county real estate records.

State law reference--Va. Code § 15.2-4305.

Sec. X-201 Creation of district.

Each agricultural and forestal district shall be created as provided herein:

A. Application. On or before June first of each year, an owner or owners of land may submit an application to the Planning Department for the creation of a district. An application shall be signed by each owner of land to be included within the district. Parcels of land owned by sole owners, co-owners, partnerships, trusts or corporations shall be eligible for inclusion in a district so long as all involved owners sign the application indicating their desire that the parcel be included in the district.

B. Each submitted application shall be accompanied by: (i) a United States Geologic Survey 7.5 minute topographic map that clearly shows the boundaries of the district and each addition, and the boundaries of the properties owned by each applicant; (ii) a Virginia Department of Transportation general highway map for the locality that shows the general location of the proposed district; and (iii) the fee required by section X-206.

C. The following are the minimum information requirements to be included in an application until such time as a specific form is developed and provided by the Planning Department pursuant to § 15.2-4303B of the Code of Virginia:

1. GENERAL LOCATION OF THE DISTRICT:

2. TOTAL ACREAGE IN THE DISTRICT OR ADDITION:

3. LANDOWNERS APPLYING FOR THE DISTRICT:

NAME SIGNATURE ADDRESS WITNESS TOTAL LAND BOOK

(CURRENT ACREAGE REFERENCE LEGAL OWNED IN NUMBER

RESIDENCE) DISTRICT OR

ADDITION

4. DESIGNATED LANDOWNER CONTACT:

5. THE PROPOSED CONDITIONS TO CREATION OF THE DISTRICT PURSUANT TO § 15.2-4309 OF THE CODE OF VIRGINIA:

6. THE PROPOSED PERIOD BEFORE FIRST REVIEW:

7. THE DATE OF APPLICATION:

D. Initiation of application review. Upon receipt of an application for a district, the Planning Commission shall:

1. Accept the application at a regularly scheduled meeting;

2. Direct the Planning Department to provide notice of the application pursuant to Virginia Code § 15.2-4307(1); and

3. Refer the application and proposed modifications to the Advisory Committee for review and comment.

E. Evaluation criteria. The following factors should be considered by the Planning Commission and the Advisory Committee, and at any public hearing at which an application is being considered:

1. The agricultural and forestal significance of land within the district or addition and in areas adjacent thereto;

2. The presence of any significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural or forestal production;

3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto;

4. Local developmental patterns and needs;

5. The Comprehensive Plan and zoning regulations;

6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and

7. Any other matter which may be relevant.

In judging the agricultural and forestal significance of land, any relevant agricultural or forestal maps may be considered, as well as soil, climate, topography, other natural factors, markets for agricultural and forestal products, the extent and nature of farm structures, the present status of agriculture and forestry, anticipated trends in agricultural economic conditions and such other factors as may be relevant.

F. Advisory Committee review. Upon referral of an application by the Planning Commission, the Advisory Committee shall review and make recommendations concerning the application and any proposed modifications to the Planning Commission.

G. Planning Commission review. Upon receipt of the report of the Advisory Committee on an application, the Planning Commission shall conduct a public hearing on the application and any proposed modifications, and thereafter report its recommendations to the Board of Supervisors, as provided herein:

1. In conducting its review, the Planning Commission shall evaluate the application as provided in paragraph (E), and also shall consider the potential effect of the district and any proposed modifications on the County's planning policies and objectives.

2. Upon conclusion of the public hearing, the Planning Commission shall direct the Planning Department to publish and provide the notice required by Virginia Code § 15.2-4307(5).

H. Hearing by Board of Supervisors. After receiving the reports of the Planning Commission and the Advisory Committee, the Board of Supervisors shall hold a public hearing on the application as provided in Virginia Code § 15.2-4309.

I. Action on application. After a public hearing, the Board of Supervisors may by ordinance create a district as applied for or with any modifications it deems appropriate, as provided herein.

1. The ordinance shall be adopted pursuant to the conditions and procedures provided in Virginia Code § 15.2-4309, and shall be subject to section X-202(A).

Virginia Code § 15.2-4309 provides, in part:

Any conditions to creation of the district and the period before the review of the district shall be described, either in the application or in a notice sent by first-class mail to all landowners in the district and published in a newspaper having a general circulation within the district at least two weeks prior to adoption of the ordinance creating the district. The ordinance shall state any conditions to creation of the district and shall prescribe the period before the first review of the district, which shall be no less than four years but not more than ten years from the date of its creation. In prescribing the period before the first review, the local governing body shall consider the period proposed in the application. The ordinance shall remain in effect at least until such time as the district is to be reviewed. In the event of annexation by a city or town of any land within a district, the district shall continue until the time prescribed for review.

2. The Board of Supervisors shall act to either adopt the ordinance creating the district, with or without modification, or reject the application, no later than 180 days from the date by which the application was received.

3. Upon the adoption of an ordinance creating a district or adding land to an existing district, the Board of Supervisors shall submit a copy of the ordinance with maps to the local commissioner of the revenue, and the State Forester, and the Commissioner of Agriculture and Consumer Services for information purposes. The commissioner of the revenue shall identify the parcels of land in the district in the land book and on the tax map, and the Board of Supervisors shall identify such parcels on the zoning map, where applicable, and shall designate the districts on the official comprehensive plan map each time the comprehensive plan map is updated.

State law reference--Va. Code §§ 15.2-4303 through 15.2-4309.

Sec. X-202 Effect of district creation.

The land within an agricultural and forestal district shall be subject to the following upon the creation of the district:

A. Prohibition of development to more intensive use.

1. The Board of Supervisors may require, as a condition to creation of the district, that any parcel in the district shall not, without the prior approval of the Board, be developed to any more intensive use or to certain more intensive uses, other than uses resulting in more intensive agricultural or forestal production, during the period which the parcel remains within the district. The Board of Supervisors shall not prohibit as a more intensive use, construction and placement of dwellings for persons who earn a substantial part of their livelihood from a farm or forestry operation on the same property, or for members of the immediate family of the owner, or for one dwelling unit for the purpose of a guest cottage, or divisions of parcels for such family members, unless the Board finds that such use in the particular case would be incompatible with farming or forestry in the district.

2. To further the purposes of this chapter and to promote agriculture and forestry and the creation of districts, the Board of Supervisors may adopt programs offering incentives to landowners to impose land use and conservation restrictions on their land within the district. Programs offering such incentives shall not be permitted unless authorized by law. Any conditions to creation of the district and the period before the review of the district shall be described, either in the application or in a notice sent by first-class mail to all landowners in the district and published in a newspaper having a general circulation within the district at least two weeks prior to adoption of the ordinance creating the district. The ordinance shall state any conditions to creation of the district and shall prescribe the period before the first review of the district, which shall be no less than four years but not more than ten years from the date of its creation. In prescribing the period before the first review, the Board of Supervisors shall consider the period proposed in the application. The ordinance shall remain in effect at least until such time as the district is to be reviewed. In the event of annexation by a city or town of any land within a district, the district shall continue until the time prescribed for review.

B. Applicability of Comprehensive Plan and zoning and subdivision ordinances. The Comprehensive Plan and the zoning and subdivision ordinances shall apply within each district to the extent that the ordinances do not conflict with conditions of creation or continuation of the district, or the purposes of this chapter and Chapter 43 of Title 15.2 of the Code of Virginia.

C. Limitation on restricting or regulating certain agricultural and forestal farm activities. The County shall not unreasonably restrict or regulate by ordinance farm structures or agricultural and forestal practices in a manner which is contrary to the purposes of this chapter and Chapter 43 of Title 15.2 of the Code of Virginia unless such restriction or regulation is directly related to public health and safety. The County may regulate the processing or retail sales of agricultural or forestal products or structures therefor, in accordance with the Comprehensive Plan and any county ordinances.

D. Consideration of district in taking certain actions. The county shall take into account the existence of a district and the purposes of this chapter and Chapter 43 of Title 15.2 of the Code of Virginia in its Comprehensive Plan, ordinances, land use planning decisions, and administrative decisions and procedures affecting parcels of land adjacent to the district.

E. Availability of land use-value assessment. Land within a district and used for agricultural or forestal production shall automatically qualify for an agricultural or forestal use-value assessment pursuant to Article 4 of Chapter 32 of Title 58.1 of the Code of Virginia (§ 58.1-3229 et seq.), if the requirements for such assessment contained therein are satisfied. Any ordinance adopted pursuant to § 15.2-4303 shall extend such use-value assessment and taxation to eligible real property within such district whether or not a local ordinance pursuant to § 58.1-3231 has been adopted.

F. Review of proposals by agencies of the Commonwealth, political subdivisions and public service corporations to acquire land in district. 1. Any agency of the Commonwealth or any political subdivision which intends to acquire land or any interest therein other than by gift, devise, bequest or grant, or any public service corporation which intends to: (i) acquire land or any interest therein for public utility facilities not subject to approval by the State Corporation Commission, provided that the proposed acquisition from any one farm or forestry operation within the district is in excess of one acre or that the total proposed acquisition within the district is in excess of ten acres or (ii) advance a grant, loan, interest subsidy or other funds within a district for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures, shall at least ninety days prior to such action notify the Board of Supervisors and all of the owners of land within the district. Notice to landowners shall be sent by first-class or registered mail and shall state that further information on the proposed action is on file with the local governing body. Notice to the Board of Supervisors shall be filed in the form of a report containing the following information:

a. A detailed description of the proposed action, including a proposed construction schedule;

b. All the reasons for the proposed action;

c. A map indicating the land proposed to be acquired or on which the proposed dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures are to be constructed;

d. An evaluation of anticipated short-term and long-term adverse impacts on agricultural and forestal operations within the district and how such impacts are proposed to be minimized;

e. An evaluation of alternatives which would not require action within the district; and

f. Any other relevant information required by the Board of Supervisors.

2. Upon receipt of a notice filed pursuant to subsection 1, the Board of Supervisors, in consultation with the local planning commission and the advisory committee, shall review the proposed action and make written findings as to (i) the effect the action would have upon the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the district and the policy of this chapter; (ii) the necessity of the proposed action to provide service to the public in the most economical and practical manner; and (iii) whether reasonable alternatives to the proposed action are available that would minimize or avoid any adverse impact on agricultural and forestal resources within the district. If requested to do so by any owner of land that will be directly affected by the proposed action of the agency, corporation, or political subdivision, the Director of the Department of Conservation and Recreation, or his designee, may advise the Board of Supervisors on the issues listed in clauses (i), (ii) and (iii) of this subsection.

3. If the Board of Supervisors finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) issue an order within ninety days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action for a period of 150 days from the date the notice was filed and (ii) hold a public hearing, as prescribed by law, concerning the proposed action. The hearing shall be held where the Board of Supervisors usually meets or at a place otherwise easily accessible to the district. The locality shall publish notice in a newspaper having a general circulation within the district, and mail individual notice of the hearing to the political subdivisions whose territory encompasses or is part of the district, and the agency, corporation or political subdivision proposing to take the action. Before the conclusion of the 150-day period, the Board of Supervisors shall issue a final order on the proposed action. Unless the Board of Supervisors, by an affirmative vote of a majority of all the members, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action. If the agency, corporation or political subdivision is aggrieved by the final order of the Board of Supervisors, an appeal shall lie to the circuit court having jurisdiction of the territory wherein a majority of the land affected by the acquisition is located. However, if such public service corporation is regulated by the State Corporation Commission, an appeal shall be to the State Corporation Commission.

G. Parcel created by division remains in district. A parcel created from the permitted division of land within a district shall continue to be enrolled in the district.

State law reference--Va. Code §§ 15.2-4312, 15.2-4313.

Sec. X-203 Addition of land to district.

One or more parcels may be added to an existing agricultural and forestal district. The procedure for adding such parcels shall be as provided for the creation of a new district. Such additions shall be reviewed at the time previously established for the review of the district to which they are added.

State law reference--Va. Code § 15.2-4310.

Sec. X-204 Review of district; continuation, modification or termination.

Each agricultural and forestal district may be reviewed as provided herein:

A. Review period. Each district may be reviewed within the period set forth in the ordinance creating the district, which period shall not be less than four (4) years nor more than ten (10) years from the date of its creation, and may thereafter be reviewed within each such subsequent period.

B. Initiation of district review. If the Board of Supervisors determines that a review is necessary, the Planning Commission shall, at least ninety (90) days before the expiration of the period of review of the district, refer the district to the Advisory Committee for review.

C. Advisory Committee review. Upon referral of the district by the Planning Commission, the Advisory Committee shall review the district, conduct a public meeting, and report to the Planning Commission its recommendations as to whether to terminate, modify or continue the district. Notice of the public meeting shall be provided to the owners of the land within the district as required by Virginia Code § 15.2-4311.

D. Planning Commission review. Upon receipt of the report of the Advisory Committee on a district, the Planning Commission shall report to the Board of Supervisors its recommendations, together with the Advisory Committee's recommendations, as whether to terminate, modify or continue the district.

E. Hearing by Board of Supervisors. After receiving the reports of the Planning Commission and the Advisory Committee, the Board of Supervisors shall hold a public hearing on the district.

F. Action on review. After the public hearing, the Board of Supervisors may stipulate conditions to continuation of the district and may establish a period before the next review of the district, which may be different from the conditions or period established when the district was created. Any such different conditions or period shall be described in a notice sent by first-class mail to all owners of land within the district and published in a newspaper having a general circulation within the district at least two weeks prior to adoption of the ordinance continuing the district. Unless the district is modified or terminated by the Board of Supervisors, the district shall continue as originally constituted, with the same conditions and period before the next review as that established when the district was created. If the Board of Supervisors determines that a review is unnecessary, it shall set the year in which the next review shall occur.

G. Effect of failure to complete review by review date. A district shall not terminate by the failure of the Board of Supervisors to take action pursuant to paragraph (F) by the review date set forth in the section of this chapter pertaining to the district.

State law reference--Va. Code § 15.2-4311.

Sec. X-205 Withdrawal of land from district.

An owner of land within an agricultural and forestal district may request that his land be withdrawn from the district, as provided herein:

A. Withdrawal by right by owner. After the Planning Commission initiates the review of a district and before the Board of Supervisors acts to continue, modify or terminate the district, an owner of land may withdraw the land from the district by filing a written notice of withdrawal with the Planning Department.

B. Withdrawal by right by certain successors to deceased owner. Within two years of the date of death of an owner of land within a district, any heir, devisee, surviving co-tenant or personal representative of a sole owner of any fee simple interest of land may, upon the inheritance or descent of such land, withdraw the land from the district by filing a written notice of withdrawal with the Planning Department and the Commissioner of Revenue.

C. Withdrawal at the discretion of the Board of Supervisors. At any time after the creation of a district, an owner of land may request the Board of Supervisors to withdraw all or part of the land from the district, as provided herein:

1. Filing of written request. The owner shall file a written request for withdrawal with the Planning Department. The request shall identify the owner of the land, identify the land or part thereof proposed to be withdrawn, state the reason for the request, and address the criteria for review set forth in paragraph (C)(2). The request shall be accompanied by the fee required in section X-206.

2. Criteria for review. A request to withdraw land from a district may be

approved only if the withdrawal is for good and reasonable cause, to include, but not limited to:

(a) The proposed new land use will not have a significant adverse impact

on agricultural or forestal operations on land within the district;

(b) The proposed new land use is consistent with the Comprehensive Plan;

(c) The proposed land use is consistent with the public interest of the County in that it promotes the health, safety or general welfare of the County, rather than only the proprietary interest of the owner; and

(d) The proposed land use was not anticipated by the owner at the time the land was placed in the district, and there has been a change in circumstances since that time.

3. Advisory Committee review. Upon receipt of a request to withdraw, the Advisory Committee shall review the request and report to the Planning Commission its recommendations. In conducting its review, the Committee shall evaluate the request as provided in paragraph (C)(2).

4. Planning Commission review. Upon receipt of the report of the Advisory Committee on a request, the Planning Commission shall evaluate the request as provided in paragraph (C)(2). The Planning Commission shall report to the Board of Supervisors its recommendations, together with the Advisory Committee's recommendations.

5. Hearing by Board. After receiving the reports of the Planning Commission and the Advisory Committee, the Board of Supervisors shall hold a public hearing on the request.

D. Upon termination or modification of a district, or upon withdrawal or removal of any parcel of land from a district, the Board of Supervisors shall submit a copy of the ordinance or notice of withdrawal to the Commissioner of Revenue, the State Forester and the State Commissioner of Agriculture and Consumer Services for information purposes. The Commissioner of Revenue shall delete the identification of such parcel from the land book and the tax map, and the local governing body shall delete the identification of such parcel from the zoning map, where applicable.

E. The withdrawal or removal of any parcel of land from a lawfully constituted district shall not in itself serve to terminate the existence of the district. The district shall continue in effect and be subject to review as to whether it should be terminated, modified or continued pursuant to § 15.2-4311 of the Code of Virginia.

State law reference--Virginia Code §§ 15.2-4307, 15.2-4314.

Sec. X-206 Fees.

The following fees for actions related to an agricultural and forestal district are hereby established. The fees shall be paid at the time the application is filed, and shall be in the form of cash or of a check payable to the "County of Nelson." A fee shall not be charged for the addition of land to a district or for the review of a district.

A. Application to create a district pursuant to section X-201: Three hundred dollars ($300.00) or the cost of processing and reviewing the application, including notice publication costs, whichever is less.

B. Request to withdraw land from a district pursuant to section X-205: Three hundred dollars ($300.00) or the cost of processing and reviewing the application, including notice publication costs, whichever is less.

State law reference--Va. Code § 15.2-4303.

Sec. X-207 Mailing of Notices.

For each notice required by this chapter to be sent to the landowner, notice shall be sent by first-class mail to the last known address of such owner as shown on the application or on the current real estate tax assessment books or maps. A representative of the Planning Commission or the Board of Supervisors shall make affidavit that such mailing has been made and file such affidavit with the papers in the proceeding.

Adopted: February 11, 2003