of the District
Mountain Agricultural and Forestal District was created in
1981. At the time of its inception, 11 parcels totaling
2,261 acres were included in the District. The District has
been renewed twice, in 1990 and 1997. The district now
consists of 37 parcels totaling 2,781 acres. On March 6,
2006, the District expires.
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.
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.
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, one parcel with a total of
86.53 acres has been requested to be withdrawn by the owner.
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.
14 parcels in the current district that are less than 25
acres. Of these 14 parcels, 6 are being removed since no
request has been made by the owner for inclusion. The
owners of the remaining 8 parcels have asked to be included
in the renewed district and have demonstrated compliance
with the Board’s 1990 policy.
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 request for an
addition has been received:
6938-75-5798 Thomas & Patricia Fabyanic
application materials for this parcel are attached.
recommended inclusion of the Fabyanic parcel in the
district. It is located on Hume Road; the property is used
for cattle grazing.
may place conditions on the renewal of any district.
Currently, all parcels in the Cobbler Mountain Agricultural
and Forestal District are subject to the following
1. That pursuant to Title 15.1, Chapter 36. Section
15.1-1512(b) of the Code of Virginia (1950), as amended, the
Fauquier County Zoning Ordinance shall apply except as
modified below. These modifications are necessary to assure
that the Ordinance does not conflict with the purpose for
which the District was established.
a. All uses allowed by right in the applicable zoning
district(s) for each parcel listed in this Ordinance shall
require a special exception, except that farming uses and
single family dwellings on a legally recorded parcel of
record shall be permitted by right.
Subdivisions of land as defined in Article 2-39 of
the Fauquier County Subdivision Ordinance are not permitted.
No special exception shall be in conflict with the
purposes for which the District was created.
2. That these parcels shall qualify for land use value
assessment provided that the parcels meet the criteria of
Section 58.1-3229 and 58.1-3244 of the Code of Virginia.
3. That the owners of land within the District shall not
terminate the District except as provided for in Section
15.1-1511(e) of the Code of Virginia.
That lawful termination of any owner’s association in
the district shall not serve to terminate the existence of
the district, but the district shall continue in effect
until the review required by Section 15.1-1511 (e) of the
Code of Virginia.
That parcels under twenty-five (25) acres shall be
excluded except where exempted by the Board.
Agricultural and Forestal Advisory Committee and Planning
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
recommended conditions are incorporated into the