Agricultural/Forestal Districts
- In More Detail

In 1977, the Virginia General Assembly passed the Agricultural and Forestal Districts Act. The intent of the Act is to:

"...encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of food and other agricultural and forestal products...and to conserve and protect agricultural and forestal lands as valued natural and ecological resources..."

This Act grants localities the authority to form Ag/Forestal Districts.

What is an Agricultural/Forestal District?

Agricultural/Forestal Districts are rural conservation zones reserved for the production of agricultural products, timber, and the maintenance of open space land as an important economic and environmental resource. Districts are voluntary. They are initiated by a landowner or group of landowners as a mutual undertaking with the local government.

By establishing a District, property owners agree not to convert their farm, forestland and other open space lands to more intense commercial, industrial or residential uses for a term of 4 to 10 years. In return, the county and Commonwealth agree not to take actions or make infrastructure investments that will place increased pressure on landowners to convert land in the district to more intense land uses during the term of the District.

What is the statewide status of districts?
Currently 26 localities in the State of Virginia contain districts protecting some 768,000 acres of farm, forest and open space lands. New districts are forming all the time, however, so these figures may be out of date.

Interesting note: Somewhere between 60-70% of these protected acres lie in or near rapidly urbanizing areas of Virginia, including the Tidewater region and Northern Virginia. In the Shenandoah Valley, seven counties have adopted Districts: Rockbridge, Augusta, Frederick, Shenandoah, Warren, Page and Rockingham. As of 2001, Ag/Forestal districts protected over 113,000 acres of land in the Valley.

What benefits do districts offer?
An agricultural/forestal district provides much stronger protection from development pressures for farmers and other open space landholders than does agricultural zoning. Unlike agricultural zoning, which for all practical purposes encourages low-density residential sprawl, districts discourage land uses not in keeping with agricultural, forestal or open space land uses.

In addition, zoning regulations can change with elections. Ag/Forestal districts provide protection for up to 10 years and can be renewed after their initial term expires. Districts provide a higher level of certainty that farms and forests and other open space lands will be maintained because they restrict the powers of local, state, and, to some extent, the federal government to make decisions detrimental to agricultural and rural land uses in the district.

Benefits to landowners:

Districts ensure land use taxation. Qualified land in Ag/Forestal districts is eligible for use-value, or land use taxation whether or not the local government has a countywide use-value program. In addition, if the county decides to rescind general land use value assessment, landowners in districts would continue to pay lower taxes so long as the land continued to meet state eligibility standards. Certain jurisdictions are considering dropping land use for properties not in a district.
Districts offer some protection from eminent domain. Acquisition of land or easements for powerlines, roadways and other infrastructure within a district is subject to special review by the Board to determine whether or not the proposed taking will adversely affect the district.
Districts prohibit the expenditure of public funds for non-farm related purposes within a district except when a public service corporation or public agency files a notice of intent with the Board. The board must then determine whether or not this expenditure would threaten the district.
Districts offer protection from nuisance ordinances that might limit customary farming and forestry practices.
Districts offer assurance that the district will be taken into account in local planning decisions, such as rezoning. Land use planning decisions or ordinances that would adversely affect land adjacent to the district must take into account the existence of the district.
Districts help to maintain the critical mass of farms necessary to maintain farming infrastructure such as tractor dealers and feed stores. They establish a strong presence where like-minded individuals band together to preserve farming, forestry and open land.

Benefits to the community:

Districts help protect productive farm, forest, and other open space lands which contribute significantly to a communities rural appeal and character.
Districts help protect surface and ground water supplies as well as other natural resources such as wildlife.
Districts help promote efficient community development patterns. They facilitate the efficient provision of local government services by helping concentrate new development in and around existing communities where services can be provided in the most cost-effective manner.
Districts help ensure equitable tax policies. By committing land to farm, forest and other opens space uses for an extended period of time, Ag/Forestal districts discourage the abuse of use-value taxation programs by investors seeking to acquire and hold land strictly for speculative development.

What are the requirements for forming a district?

Landowners agree not to subdivide their land to a more intensive non-agricultural or forestal use during the term of the district. Applying landowners and the County government choose a term of between 4 and 10 years.
A district must have a minimum core of 200 acres, in contiguous parcels. Non-contiguous properties may be incorporated into the District provided that their boundary is within one mile of the boundary f the minimum 200-acre core or adjacent to land within one mile of the core. Once the 200-acre core is established, there is no minimum parcel size and no minimum number of landowners. There is also no maximum size for a given district.

What is the application process for forming a district?

Landowners forming a district must file an application with the County.

Application includes:

Acreage of each parcel to be included and tax parcel number
Name, address, and witnessed signature of each landowner joining the District
Term proposed (4-10 years)
Location and total acreage of District
Type of district (Ag, Forestal or Ag/Forestal)
Proposed name of District
USGS map (7.5 min. series) showing District boundaries
A County Real Property Map showing the boundaries of District
County Road map showing location of District
Payment of $300.00

To whom is the application submitted?

The completed application is submitted to the County Board of Supervisors. It is then reviewed by an appointed Agricultural Districts Advisory Committee, the County Planning Commission, the County Board of Supervisors and the public. Within 180 days of the date of submittal, the County Board of Supervisors shall approve, modify or reject the application.

Who is the Agricultural Districts Advisory Committee?

This Committee consists of nine individuals appointed by the County Board of Supervisors. It must include four landowners actively engaged in farming or forestry within the locality, four other landowners from within the locality (who may be freeholders), and a member of the governing Board.

Does a landowner have to put all of his land into a district?

A landowner may leave some of his property out of the district. The portion left out should have a separate tax parcel number and be a legally separate parcel of record.

Can land be added to the district?

Land can be added or withdrawn at any time during the 180-day review process. Once the review process is completed and the district is formally in place, land can only be added to the district by following the guidelines for the formation of a new district.

Can land be withdrawn from the district?

Land may be withdrawn according to the following conditions:

Heirs can withdraw land up to two years of the death of the landowner.
Landowners may submit a written request to the Board to withdraw from district. The Board may grant the request for "good and reasonable" cause such as "economic hardship". Some counties have established guidelines for addressing petitions to withdraw.
A landowner may withdraw his land any time during the District Review Process. This process takes place at the time the district expires (4-10 years).

Can land within a district be sold?

Yes, the landholder may sell the land or any portion of it at any time. But the ag/forestal district runs with the land and a sale does not remove the land from an established district.

Can land within a district be subdivided?

Land in an Ag/Forestal district can be subdivided for family members in accordance with current zoning and subdivision regulations. Other subdivision for more intensive non-agricultural or non-forestal use during the term of the district is not permitted.

When and how is a district renewed?

After the term of the district expires, the Board of Supervisors works with participating landowners to review the district and then determines whether or not to continue, modify or terminate the district.

	Agricultural/Forestal Districts - In More Detail In 1977, the Virginia General Assembly passed the Agricultural and Forestal Districts Act. The intent of the Act is to: "...encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of food and other agricultural and forestal products...and to conserve and protect agricultural and forestal lands as valued natural and ecological resources..." This Act grants localities the authority to form Ag/Forestal Districts. What is an Agricultural/Forestal District? Agricultural/Forestal Districts are rural conservation zones reserved for the production of agricultural products, timber, and the maintenance of open space land as an important economic and environmental resource. Districts are voluntary. They are initiated by a landowner or group of landowners as a mutual undertaking with the local government. By establishing a District, property owners agree not to convert their farm, forestland and other open space lands to more intense commercial, industrial or residential uses for a term of 4 to 10 years. In return, the county and Commonwealth agree not to take actions or make infrastructure investments that will place increased pressure on landowners to convert land in the district to more intense land uses during the term of the District. What is the statewide status of districts? Currently 26 localities in the State of Virginia contain districts protecting some 768,000 acres of farm, forest and open space lands. New districts are forming all the time, however, so these figures may be out of date. Interesting note: Somewhere between 60-70% of these protected acres lie in or near rapidly urbanizing areas of Virginia, including the Tidewater region and Northern Virginia. In the Shenandoah Valley, seven counties have adopted Districts: Rockbridge, Augusta, Frederick, Shenandoah, Warren, Page and Rockingham. As of 2001, Ag/Forestal districts protected over 113,000 acres of land in the Valley. What benefits do districts offer? An agricultural/forestal district provides much stronger protection from development pressures for farmers and other open space landholders than does agricultural zoning. Unlike agricultural zoning, which for all practical purposes encourages low-density residential sprawl, districts discourage land uses not in keeping with agricultural, forestal or open space land uses. In addition, zoning regulations can change with elections. Ag/Forestal districts provide protection for up to 10 years and can be renewed after their initial term expires. Districts provide a higher level of certainty that farms and forests and other open space lands will be maintained because they restrict the powers of local, state, and, to some extent, the federal government to make decisions detrimental to agricultural and rural land uses in the district. *Benefits to landowners:* Districts ensure land use taxation. Qualified land in Ag/Forestal districts is eligible for use-value, or land use taxation whether or not the local government has a countywide use-value program. In addition, if the county decides to rescind general land use value assessment, landowners in districts would continue to pay lower taxes so long as the land continued to meet state eligibility standards. Certain jurisdictions are considering dropping land use for properties not in a district. Districts offer some protection from eminent domain. Acquisition of land or easements for powerlines, roadways and other infrastructure within a district is subject to special review by the Board to determine whether or not the proposed taking will adversely affect the district. Districts prohibit the expenditure of public funds for non-farm related purposes within a district except when a public service corporation or public agency files a notice of intent with the Board. The board must then determine whether or not this expenditure would threaten the district. Districts offer protection from nuisance ordinances that might limit customary farming and forestry practices. Districts offer assurance that the district will be taken into account in local planning decisions, such as rezoning. Land use planning decisions or ordinances that would adversely affect land adjacent to the district must take into account the existence of the district. Districts help to maintain the critical mass of farms necessary to maintain farming infrastructure such as tractor dealers and feed stores. They establish a strong presence where like-minded individuals band together to preserve farming, forestry and open land. *Benefits to the community:* Districts help protect productive farm, forest, and other open space lands which contribute significantly to a communities rural appeal and character. Districts help protect surface and ground water supplies as well as other natural resources such as wildlife. Districts help promote efficient community development patterns. They facilitate the efficient provision of local government services by helping concentrate new development in and around existing communities where services can be provided in the most cost-effective manner. Districts help ensure equitable tax policies. By committing land to farm, forest and other opens space uses for an extended period of time, Ag/Forestal districts discourage the abuse of use-value taxation programs by investors seeking to acquire and hold land strictly for speculative development. What are the requirements for forming a district? Landowners agree not to subdivide their land to a more intensive non-agricultural or forestal use during the term of the district. Applying landowners and the County government choose a term of between 4 and 10 years. A district must have a minimum core of 200 acres, in contiguous parcels. Non-contiguous properties may be incorporated into the District provided that their boundary is within one mile of the boundary f the minimum 200-acre core or adjacent to land within one mile of the core. Once the 200-acre core is established, there is no minimum parcel size and no minimum number of landowners. There is also no maximum size for a given district. What is the application process for forming a district? Landowners forming a district must file an application with the County. Application includes: Acreage of each parcel to be included and tax parcel number Name, address, and witnessed signature of each landowner joining the District Term proposed (4-10 years) Location and total acreage of District Type of district (Ag, Forestal or Ag/Forestal) Proposed name of District USGS map (7.5 min. series) showing District boundaries A County Real Property Map showing the boundaries of District County Road map showing location of District Payment of $300.00 To whom is the application submitted? The completed application is submitted to the County Board of Supervisors. It is then reviewed by an appointed Agricultural Districts Advisory Committee, the County Planning Commission, the County Board of Supervisors and the public. Within 180 days of the date of submittal, the County Board of Supervisors shall approve, modify or reject the application. Who is the Agricultural Districts Advisory Committee? This Committee consists of nine individuals appointed by the County Board of Supervisors. It must include four landowners actively engaged in farming or forestry within the locality, four other landowners from within the locality (who may be freeholders), and a member of the governing Board. Does a landowner have to put all of his land into a district? A landowner may leave some of his property out of the district. The portion left out should have a separate tax parcel number and be a legally separate parcel of record. Can land be added to the district? Land can be added or withdrawn at any time during the 180-day review process. Once the review process is completed and the district is formally in place, land can only be added to the district by following the guidelines for the formation of a new district. Can land be withdrawn from the district? Land may be withdrawn according to the following conditions: Heirs can withdraw land up to two years of the death of the landowner. Landowners may submit a written request to the Board to withdraw from district. The Board may grant the request for "good and reasonable" cause such as "economic hardship". Some counties have established guidelines for addressing petitions to withdraw. A landowner may withdraw his land any time during the District Review Process. This process takes place at the time the district expires (4-10 years). Can land within a district be sold? Yes, the landholder may sell the land or any portion of it at any time. But the ag/forestal district runs with the land and a sale does not remove the land from an established district. Can land within a district be subdivided? Land in an Ag/Forestal district can be subdivided for family members in accordance with current zoning and subdivision regulations. Other subdivision for more intensive non-agricultural or non-forestal use during the term of the district is not permitted. When and how is a district renewed? After the term of the district expires, the Board of Supervisors works with participating landowners to review the district and then determines whether or not to continue, modify or terminate the district.	Land protection options Read more about Agricultural/Forestal Districts Read Virginia's Agricultural and Forestal Districts Act Explore permanent conservation easements. Consider some of the tax benefits of easements. The Keezletown North Agricultural-Forestal District was renewed in 2005. It protects over 3,000 acres of farm and forest land along Massanutten Mountain in Rockingham County.
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Agricultural/Forestal Districts - In More Detail

Land protection options

Agricultural/Forestal Districts
- In More Detail