Board of Supervisors Meeting Date:


James N. Eustace, Owner/Applicant


May 17, 2004


Staff Lead:




Kimberley Johnson, Zoning Administrator

Community Development


Magisterial District:



Cedar Run

           7930-29-4478-000 (97.18 Acres)

            7931-21-9776-000 (62.00Acres)

            7931-42-1873-000 (118 Acres)




An Ordinance to Approve a Withdrawal from the Southern Fauquier Agricultural and Forestal District


Topic Description:


History of the District


The Southern Fauquier Agricultural and Forestal District was originally created in 1982 and is currently due to expire on February 16, 2005. The District currently contains 253 parcels comprising approximately 19,212 acres.




These three parcels were added to the District in 1982 when it was created. The applicant currently owns a total of 517.25 acres in the District, and is requesting that three parcels totaling 277.18 acres be removed. The applicant uses his property as a dairy farm and, due to recent economic conditions, keeping his property for agricultural use has put him in a position of financial hardship. He is interested in subdividing and selling a portion of his land so that he has the financial resources to continue to farm the remainder of the tract. While property remains in an agricultural and forestal district, it cannot be subdivided.




Pursuant to Section 15.2-4314 of the Code of Virginia, at any time after the creation of a District within any locality, any owner of land lying in such district may file with the locality a written request to withdraw all or part of his land from the District for good and reasonable cause.


Agricultural and Forestal Advisory Board and Planning Commission Review


The Agricultural and Forestal Advisory Board and the Planning Commission have both met to review this application. These bodies are charged with advising the Board of Supervisors regarding the potential impacts of additions/withdrawals to Agricultural and Forestal Districts.


The Agricultural and Forestal Advisory Board and Planning Commission recommended that the Board of Supervisors approve this request for removal from the Southern Fauquier District. The Board noted the fact that the applicant had a long history of dairy farming in the County, and keeping the property in the District created an obvious financial hardship.  The Board also noted that the applicant had requested removal from the District in 1990, but had not been removed due to a clerical error. Had that request been properly processed, the properties would now have been out of the District for 14 years.


Requested Action of the Board of Supervisors:


Hold a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial analysis was conducted for this proposed withdrawal.

Identify any other Departments, Organizations or Individuals that would be affected by this request:


Commissioner of the Revenue

Agricultural Development Office




  1. Copy of Ordinance
  2. Copy of Application
  3. Fauquier County GIS Map of Property
  4. Letter of Request