Board of Supervisors Meeting Date:


Various-See attached



June 9, 2005


Staff Lead:




Kimberley Johnson, Zoning Administrator

Community Development




An Ordinance to Approve the First Renewal of and First Addition to the Red Oak Mountain Agricultural and Forestal District


Topic Description:


On August 19, 2005, the Red Oak Mountain Agricultural and Forestal District expires.  The proposed Ordinance would renew the District for an additional term to expire June 30, 2013. The renewal includes all existing parcels, 25 acres or larger in size, whose owners have not requested withdrawal, and all parcels under 25 acres whose owners have requested inclusion and have demonstrated compliance with the Board’s 1990 policy for parcels less than 25 acres in size.  The renewal would also incorporate the addition of new parcels that have requested to join during the renewal process.


Requested Action of the Board of Supervisors:


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


Financial Impact Analysis:




Summary Staff Report:


History of the District


The Red Oak Mountain Agricultural and Forestal District was created in 1997. At the time of its inception, 4 parcels totaling 517 acres were included in the District. The District now consists of the same number of parcels as when it was created. On August 19, 2005, the District expires.




Renewal Process


The Code of Virginia establishes procedures for the review and renewal of local agricultural and forestal Districts.  The renewal process is intended to provide the local jurisdiction with an opportunity to re-evaluate the agricultural and forestal significance of the land remaining in the District, and to change or add conditions to the parcels in the District.  The renewal process also provides landowners in the District an opportunity to re-evaluate their participation in the District; any landowner may withdraw their parcel from the District during the renewal process by written request.


Fauquier County sent letters to all owners of property in the District notifying them of the renewal process and their options relative to the renewal.   Property owners may continue to make requests for withdrawals and additions up to the time the Board of Supervisors acts on the renewal. 




Pursuant to the Code of Virginia, any landowner with property in the District may request to withdraw their land during the renewal process by submitting a written request for withdrawal.  As of May 31, 2005, no property owners have requested their property to be withdrawn from the District.


In 1990, the Board of Supervisors adopted a policy stating that parcels less than 25 acres in size will not be permitted within an agricultural and forestal District unless the parcel is under an open space easement, or the parcel is part of a working farm totaling more than 25 acres which are included within the agricultural and forestal District. Therefore, any parcel less than 25 acres will be automatically removed from the District during the renewal process unless a landowner specifically requests that the parcel remain in the District and demonstrates compliance with the Board’s 1990 policy.  At the direction of the Agricultural and Forestal Committee, staff has asked the owners of these smaller parcels requesting to specifically confirm that they are either part of a working farm over 25 acres in the District or  under open space easement.


There is 1 parcel in the current District that is less than 25 acres.  As of May 31, 2005, it will be automatically removed since no request has been made by the owner for inclusion. 




The Code of Virginia also allows additions to be made to the District during the renewal process up until Board action on the renewal.  As of May 31, 2005,  the following requests for an addition has been received:




            PIN#                                  Owners                                         Acres

1.         6020-04-8310            Gary & Kareen McGhee                         43.73 acres


The application materials for this parcel are attached. 


Staff has recommended inclusion of the McGhee parcel in the District.  It is located on Moss Hollow Road; this property is a working farm where cattle are raised and hay is produced.


Existing Conditions


The Board may place conditions on the renewal of any District.  Currently, all parcels in the Red Oak Mountain Agricultural and Forestal District are not subject to any conditions.


Agricultural and Forestal Advisory Committee and Planning Commission Review


The Agricultural and Forestal Advisory Board and the Planning Commission have both met to review this renewal and application for addition to the District. These bodies are charged with advising the Board of Supervisors regarding the renewal of and additions to agricultural and forestal Districts. The Committee and Planning Commission recommended that the District be renewed subject to the conditions recommended by staff. The Committee asked staff to follow up with additional review of parcels less than 25 acres, to ensure that owners of such parcels meet the criteria established by the Board of Supervisors in 1990, and also to be sure owners of such parcels realize they must take affirmative action to stay in the District. Staff has carefully reviewed the smaller parcels recommended for inclusion to ensure they do meet the policy. Multiple letters have been sent to the owners advising all of the actions necessary to stay in or be removed from the District.



Staff Recommended Conditions:


The staff recommended conditions are incorporated into the attached Ordinance.


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

Commissioner of the Revenue

Agricultural Development Office



1.                  List of Parcels in District with Status

2.                  Copy of Application for new addition

3.                  Proposed Ordinance