Agricultural and Forestal Program

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Overview

Corn- Calverton 2 Virginia State Code establishes Agricultural and Forestal Districts as a means to conserve and protect valuable agricultural and forestal lands. To that end, Fauquier County has created 13 Agricultural and Forestal Districts as a mutual undertaking between landowners and the locality. Participating properties qualify for Special Land Use Assessment and subsequently lower real estate taxes. The program also supports Fauquier County’s goal “to recognize the County’s traditional agricultural and rural character and the need for the preservation of its open space and scenic beauty”, as articulated in the County’s Comprehensive Plan.

Additional information on the Agricultural and Forestal District Program, including renewals, additions, withdrawals, and each of the districts can be found in the Agricultural and Forestal District Program Overview.

Renewals, Additions and Withdrawals

Parcel Size Criteria

To participate in the program, parcels must be 25 acres or greater in size. Parcels between 5 and 25 acres in size may be eligible to participate, provided they adjoin other parcels under the same ownership (or same family ownership) and comprise a cumulative size of 25 acres or more. The other exception for parcels between 5 and 25 acres in size are those under perpetual conservation or open space easement. Parcels less than 5 acres in size are not eligible for participation.

Renewals

Fauquier County Agricultural and Forestal districts are approved for ten year terms. Therefore the renewal process occurs at ten year intervals for each district. Parcels over 25 acres are automatically renewed. Parcels between 5 and 25 acres must submit verification of contiguous family ownership or a permanent easement on the property to remain eligible for renewal. During the district renewal period, landowners within the district may choose to withdraw their property by right (and without fee) through submission of a written request. Renewals are reviewed by the Agricultural and Forestal District Advisory Committee during their annual spring meetings. Subsequent reviews are conducted by the Planning Commission and the Board of Supervisors. Final determinations are made by the Board of Supervisors.

Additions

Landowners may submit applications to join an existing district (see addition requirements below). Requests will be reviewed by Planning Department staff to ensure completeness. Applications will then be reviewed by the Agricultural and Forestal District Advisory Committee. Subsequent reviews are conducted by the Planning Commission and the Board of Supervisors. Final determinations are made by the Board of Supervisors.

Withdrawals

There are two ways for landowners to remove their property from the Agricultural and Forestal District Program: (1) requesting an out of turn withdrawal (outside of the 10 year renewal period for their district) or (2) withdrawing during the renewal period.

In order to withdraw out of turn, the landowner must submit a request for withdrawal detailed below. An application fee will be charged to withdraw out of turn. Out of turn withdrawals are subject to Board of Supervisors approval and are not guaranteed. Choosing to withdraw during the designated renewal period for the district will not require a fee or submission of a Land Development Application form. Requests for withdrawal undergo the same review process as renewals and additions.

Requirements for Additions:

Due March 15, June 15, September 15, or December 15
Land Development Application with original signatures
$110 fee per parcel (includes technology fee)
Map indicating parcel location (may be obtained through GIS Department)
Supplemental Information Form
Flash drive containing PDFs of submission materials

Requirements for Withdrawals (out of turn)

Due March 15, June 15, September 15, or December 15
Land Development Application with original signatures
$110 fee per parcel (includes technology fee)
Statement of explanation for withdrawing parcel(s) from district
Flash drive containing PDFs of submission materials

For additional questions, see the contact info at right of page.

Additional Links

More Resources

The Fauquier Agricultural and Forestal District Advisory Committee encourages property owners to create conservation management plans as a means to protect and manage their natural resources. Associated resources for preserving and managing rural land are listed below.

Fauquier County Commissioner of the Revenue: 540-422-8149. The Commissioner of Revenue oversees property taxation within the county, including the issue of Land Use Assessment program (related to rural land protection measures).
Fauquier County Agricultural Development Office: 540-422-8280 – offers support related to agricultural promotion, preservation and the county Purchasing Developmental Rights (PDR) Program.
Virginia Cooperative Extension: 540-341-7950 – provides education programs related to agriculture and natural resources.
John Marshall Soil and Water Conservation: 540-347-3120 - provides technical assistance and education to landowners in managing and protecting their natural resources.
Fauquier County Purchase of Development Rights: 540-422-8280 – Managed by the Agricultural Development Office, this voluntary program pays landowners to protect farmland and natural resource assets of their property.
Virginia Outdoors Foundation: 540-347-7727 – Virginia’s leader in land conservation, protecting more than 800,000 acres throughout the state.
Virginia Department of Forestry: 540-347-6358 – assists in the protection and management of forest resources.

FAQs

How can I learn more about the Agricultural and Forestal District program?

Copies of the Virginia Agricultural and Forestal District Act are available online (http://law.lis.virginia.gov/vacodepopularnames/local-agricultural-and-forestal-districts-act/) and in the Planning Division Office; copies of the County’s pertinent ordinances are available in the Planning Division Office. Maps depicting the County’s existing districts are available online www.fauquiercounty.gov/government/departments-a-g/community-development/planning/long-range-planning/agricultural-and-forestal-program and for viewing in the Planning Division Office. For more information, call 540-422-8210.
Is there an application fee? What other information do I need to provide?

Yes, there is an application fee of $100 per parcel. Applications must be filed by February 1 of each year. Applications may be obtained online www.fauquiercounty.gov/government/departments-a-g/community-development/planning/long-range-planning/agricultural-and-forestal-program or at the Planning Division Office, Third Floor, 10 Hotel Street, Suite 305, Warrenton, VA, 20186.
How do I establish or join an Agricultural and Forestal District?

Each district must contain a core of at least 200 acres in one or more contiguous parcels. An eligible parcel may be added to a district if its nearest boundary lies within one mile of the core’s boundary; if it adjoins such a parcel; or if the Board of Supervisors finds, in consultation with the Agricultural and Forestal Advisory Committee and the Planning Commission, that the parcel contains agriculturally and forestally significant land. No parcel less than five acres may be added to a district. Parcels five to 25 acres may be added to a district provided they are under a perpetual conservation, open space easement held for public benefit or part of a contiguous group of parcels under the same ownership and in excess of 25 acres. Agricultural and Forestal Districts are renewed every 10 years. During the renewal process acreage, ownership, and use of the parcels are reviewed by the Agricultural and Forestal District Advisory Committee and the Planning Commission prior to the Board of Supervisors’ action on the district.
Will placing my property in an Agricultural/Forestal District keep development out of my neighborhood?

Land within an Agricultural and Forestal District is prohibited from being developed to a more intensive use for the duration of the District. Land adjacent to the District is not prohibited from development; however, if the development requires approval from the Board of Supervisors, they must consider any adverse impacts that it may have on the continued agricultural or forestal production of the District.
Does the Agricultural and Forestal District program restrict development?

Yes. Once a parcel is in a district, no lot less than 50 acres may be subdivided from the parcel, except for family transfers and boundary line adjustments. Dwellings and certain agricultural and forestal uses are allowed by-right in these districts. Other uses may be sought with approval of a Special Exception.
Does the Agricultural and Forestal District program provide tax benefits?

Yes. Property in an Agricultural and Forestal District, which otherwise meets the criteria for a Special Land Use Assessment, automatically qualifies for the Land Use Assessment program. The Commissioner of the Revenue administers this program. Under the Land Use program, property owners pay less in real estate taxes to keep their land rural. The four classifications eligible for a land use tax break include agricultural, forestal, horticultural and open space land, provided applicable requirements are met. Land in an agricultural and forestal district may be exempt from special assessments, levies or taxes except on lots of one-half acre or less around a dwelling or non-farm structure.

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