County staff developed new zoning for portions of downtown Marshall and a local historic overlay district ordinance for Marshall. The new districts with new regulations replace the C-1, C-2, C-3, R-2, R-4 and TH zoning districts in portions of Marshall.  The new zoning is written specifically for Marshall so that goals and issues unique to Marshall can be addressed.

The three new zoning districts proposed in the Marshall Code will create new and different requirements for:  lot size, lot width, lot shape, setbacks, build-to-lines, location of access into a lot, number of curb-cuts into a lot, width of curb-cuts, building height, building stories, ground floor to ceiling minimums, footprints, breaks in building massing, entrance locations, roof forms, window and door openings, fencing, number of parking spaces, location of parking on lots, parking reductions, shared and off-site parking, loading spaces, uses and use limitations, sidewalk and street trees, street lighting, landscaping and screening, and open space. The requirements contained within the Marshall Code are modeled on existing development in Marshall. Uses are still regulated, but more uses are allowed and more uses are allowed by-right.  The amendment will also create revised standards for approving administrative permits and site plans and new standards for cluster-type residential subdivisions. 

In 2011, the County adopted The Marshall Service District Plan as part of the County’s Comprehensive Plan. The plan was developed by Marshall’s residents and property owners, through a series meetings focusing on each neighborhood within the Marshall Service District as well as the broader planning issues of transportation, historic resources, public realm, infrastructure and utilities. Participating citizens were briefed on the major land use and development trends in the area, and then worked to create a “uniquely Marshall” vision for the future of Marshall. This vision calls for new development to be designed with many of the familiar features of the existing and traditional small-town development patterns found in Marshall, including close-knit neighborhoods, walkable residential and retail areas, an interconnected grid of streets that will help distribute the transportation burden on Main Street as Marshall grows, and human-scale streetscapes with narrower, traffic calmed street widths that are more comfortable for pedestrians.

The adopted Marshall Plan called for new zoning regulations that would work better for Marshall. The proposed new regulations replace existing zoning regulations for much of downtown Marshall with new regulations designed specifically to achieve the vision for Marshall.

The new Marshall zoning is structured as a Form-Based Code (FBC) rather than as a traditional zoning district. Traditional zoning districts focus on uses, typically separating uses to avoid impacts and limiting uses through numerical requirements such as setbacks, parking ratios, dwellings per acre, etc. In contrast, a FBC focuses more on the physical form of buildings, how those buildings relate to the street, and how they fit together to create neighborhoods. Uses are still regulated, but more uses are allowed and more are allowed by-right. A FBC is unique to every place it is used, as it is based on the specific vision the community has for itself as well as the existing fabric of the community.  Writing the new regulations as a FBC allowed the development of unique regulations for Marshall based on the vision set forth in the adopted plan and the unique characteristics of existing traditional development patterns found in Marshall.

View the adopted 2011 Marshall Service District Plan.

Click below to learn more about Form Based Codes:
Form-Based Codes Institute
Planners Web

In addition to calling for new Zoning for Marshall, the adopted Marshall Service District Plan specifically calls for adoption of a local historic district for those areas located within the existing national historic district, and for a Corridor District overlay for those parcels on roads leading to the Historic District. The Plan specifically called for a task force, appointed by the Board of Supervisors and chaired by a member of the Fauquier Heritage and Preservation Society, be created to recommend proposed regulations. This Task Force was formed and worked through 2013 to develop a draft Historic Ordinance. That work has been incorporated into the proposed regulations.

The Historic District adopted in Marshall is not your typical historic district; it seeks only to assure broad compatibility for new buildings and additions.  It does not regulate many of the things that people often point to as onerous; there are no requirements to utilize historically authentic materials (modern materials are fine) and no review for such things as replacement windows and/or siding or colors.  Demolitions of buildings designated as contributing structures in the historic district are regulated, but the goal is not to save every building; rather, the goal is to save those buildings that are most important. 

Not all properties within the Marshall Service District are covered by the new Code. The maps above show the property covered by the Marshall Code and Historic Overlay District.  All affected property owners have been notified by mail.  

Form Based Codes regulate uses; they simply do not regulate uses as stringently as do more conventional codes. The Marshall Code allows new uses not previously allowed, and makes more uses by-right within the business areas. 

The previous zoning for Marshall is the same zoning found throughout the County, and frankly, it does not work well for Marshall. On balance, the new zoning represents an up-zoning providing more flexibility to property owners. It better addresses the types of uses that staff has frequently had inquiries about. It allows for what appear to be 'illegal' (never approved with required permits) apartments and/or short-term lodging units found on the upper stories of a number of Marshall's buildings to easily be legalized. It is designed to facilitate changes in uses over time within the same buildings.

The previous zoning made it difficult to facilitate the types of uses that have organically evolved within Marshall over the years, and many existing uses do not actually comply with existing zoning regulations. One of the key goals in writing the form-based element of the Code was to simplify the rules for businesses, allowing more businesses by-right, providing for new business types that do not fit into the existing zoning scheme, and facilitating business evolution over time. The Historic Overlay District is designed to help maintain Marshall's unique small-town character so that it can serve as driver of economic development for Marshall. The 'lite' nature of the District is designed to impose minimal requirements, far fewer than most historic districts. 

As a homeowner, the Code should have minimal effect on your use of the property. One significant change is that you can now have an accessory apartment (a basement apartment or cottage in the back yard), which is not allowed under the current R-4 zoning. The ability to add to your property or construct outbuildings should not be reduced; in fact, setbacks are generally less, providing more ability to fully utilize your lot. 

The Code does not require anyone to build sidewalks, provide lights, etc. except in conjunction with proposed development of their property. This is the way that it works under the existing Zoning Ordinance and it will continue to work in this way. Maintenance responsibility for these elements then becomes the responsibility of the owners in the development. For example, the new Van Meter subdivisions approved at the west end of Marshall will bring new sidewalks and streetlights. These will be maintained by the HOA for those subdivisions. Open space areas will also be maintained by the HOA, except for any space dedicated to public use, which will become the responsibility of the entire County to maintain. 

Accelerated refunds usually take 4-7 days, a regular return takes six to eight weeks. The accelerated refund program was developed to allow Virginia residents to receive their refunds more rapidly. Each condition must be met before requesting this process:

1. You must have filed a Virginia Individual Income Tax Return for the prior taxable year.
2. Your filing status (single, joint, or separate), name and/or address has not changed from the previous tax year.

If your office is located in the Town of Warrenton, the Town of Remington, or the Town of The Plains, you only need a business license in your respective town.

EXCEPTION:

1. Contractors and Builder Developers Contractors whose offices are located in the Town of Warrenton, are required to obtain a Fauquier County Business License.

2. Peddlers. Peddlers who are peddling outside of the town limits and are peddling in Fauquier County are required to obtain a Fauquier County Business License.

After taxpayers receive their 2026 Notice of Assessment, there are two ways in which a property’s assessed value can be challenged.

Review of Assessment

A Review of Assessment is an internal review of the property’s assessment performed by Office staff.  During this process, a staff appraiser will discuss your concerns regarding the value of the property with the taxpayer, look at all pertinent sales and equity comparables, and inspect the property (interior or exterior inspection depending on the wishes of the property owner) to correct any factual errors on the property record.  

Appeal of Assessment

An Appeal of Assessment is a hearing before the Board of Equalization and Assessment Review to determine the value of the property.  During a Board hearing, state law puts the burden of proof on the property owner to show that the assessed value is incorrect.  The property owner, or an authorized representative of the property owner, presents evidence to dispute the assessed value of their property. After the presentations from both the property owner and the staff, the Board will make a final decision regarding the assessment.

The Fauquier County Zoning Ordinance allows for a wide variety of land uses. Some of the uses are only allowed with approval of a Special Permit. Article 3 of the Zoning Ordinance lists the uses that require a Special Permit. Examples of uses requiring a Special Permit include churches, kennels, and major home occupations. The purpose of a Special Permit is to carefully review uses which need extra deliberation to ensure the surrounding area is not adversely impacted. 

All applicants for a Special Permit are required to have a pre-application meeting with staff prior to submitting an application. Contact the Planning Division at 540-422-8210 to discuss and set up this meeting. Once the pre-application meeting is held, the application may be filed. The application and the Special Permit checklist, which details the additional information and materials necessary for completing the application, are both available online. All application materials are available on-line at cdformsfauquiercounty.gov or from staff.  The application can be prepared by the applicant without the help of consultants or an attorney, although some applicants choose to hire a representative.

If the use has not legally commenced prior to one year from the date on which the Special Permit has been granted, the Special Permit will expire, unless otherwise specified in the conditions of approval.  

A Special Exception is a permit for a use or structure that is not allowed as a matter of right, but may be permitted, if certain standards defined in the Zoning Ordinance are met. A Special Exception use is one that may be appropriate in certain site locations but not in all locations; thus, review is made on a case-by-case basis to ensure the surrounding area and wider community are not adversely affected by the use.

The Fauquier County Zoning Ordinance allows for a wide variety of land uses and those specifically allowed will depend on the district in which a property is located. Some of the uses are only allowed with approval of a Special Exception. Article 3 of the Zoning Ordinance lists the uses that require a Special Exception. Examples of uses requiring a Special Exception include Primary School, Continuing Care Facility, Floodplain Uses and Special Events. Contact the Zoning Division at 540-422-8220 for information on a specific property.

The Zoning Ordinance requires that all applicants for a Special Exception have a pre-­application meeting with staff prior to submitting an application. Contact the Planning Division at 540-422-8210 to discuss and set up this meeting. Once the pre-application meeting is held, the application may be filed. The application and the Special Exception checklist (which includes any additional information required) are both available online cdformsfauquiercounty.gov. The application can be prepared by the applicant without the help of consultants or an attorney, although many applicants choose to hire a representative.

Typically, from the initial filing, the approval process takes four to six months but can take longer.

If the use has not legally commenced prior to one year from the date on which the Special Exception has been granted, the Special Exception will expire, unless otherwise specified in the conditions of approval.  

Visit www.fauquiercounty.gov/government/departments-a-g/community-development/planning/current-planning/special-exceptions or the Planning Division office at 16 Courthouse Square, Warrenton, VA 20186, or call 540-422-8210.

A Rezoning changes the zoning district for a property. The Rezoning process allows any owner or contract purchaser of land in Fauquier County to apply to the County Board of Supervisors (BOS) to change the zoning district designation of the property to another zoning district.

In a community such as Fauquier County, changes in patterns of development and land use occur over time. For example, vacant land is developed as a residential subdivision, a retail center is built in a neighborhood, or a new office development is constructed along a major highway corridor.

To accomplish such proposed changes, it is sometimes necessary to change the zoning of the land before development can occur. The Rezoning process consists of a detailed review and analysis of the proposal by staff, the Fauquier County Planning Commission (PC) and the Board of Supervisors (BOS).

The Zoning Ordinance requires that all applicants for a Rezoning have a pre-application meeting with staff prior to submitting an application. Contact the Planning Division at 540-422-8210 to discuss and set up this meeting. A Pre-Application Meeting is not required for residential rezoning applications.  Once the pre-application meeting is held, the application may be filed. The application and the Rezoning checklist (which includes any additional information required) are both available online (cdformsfauquiercounty.gov) and will also be provided to applicants at the pre-application meeting. The application can be prepared by the applicant without the help of consultants or an attorney, although many applicants choose to hire a representative.

The applicant may submit specific commitments in writing known as "proffers" in order to resolve development related issues. Proffers are voluntary and may change during the review of a Rezoning application. Final proffers must be signed by all owners and contract purchasers of the property subject to the Rezoning application and must be submitted prior to the BOS public hearing. Once a Rezoning is approved, the proffers become part of the zoning on the property and remain in effect unless or until a subsequent amendment to the zoning is approved.

The fees for a Rezoning vary greatly, depending on the zoning district and size of the parcel. Fees range from $550 when Rezoning to a rural zoning district, to $2,150 plus $150 per acre when Rezoning to a Planned District. Should the Rezoning trigger the requirement for a Traffic Impact Analysis, there is a $1,000 fee in addition to any required Virginia Department of Transportation (VDOT) fees. Please check with Planning Staff about specific application questions related to fees.

An application must be filed no later than 60 calendar days prior to the Planning Commission's (PC) meeting. The PC meets the 3rd Thursday of each month in the Warren Green Building at 10 Hotel Street, Warrenton, Virginia, 20186. Rezoning requests that include a residential component may only be filed on December 1^st and June 1^st. Filing deadlines for Rezonings can be found on the Planning Commission's webpage at www.fauquiercounty.gov/government/departments-a-g/community-development/boards-committees/planning-commission

Typically, from the initial filing, the approval process can take six to eight months but can take longer.  The BOS must render a decision on the applicant's request not later than one (1) year after the date the application for amendment was filed and accepted.  However, with the applicant's consent, the timeline can be extended.  

Rezonings, once approved, have no expiration date. A Rezoning runs with the land, thus remains valid even after changes in property ownership.

Visit www.fauquiercounty.gov/government/departments-a-g/community-development/planning/current-planning/rezoning or the Planning Division at 16 Courthouse Square, Warrenton, VA 20186, or call 540-422-8210.

Often a property is rezoned with proffers attached to the rezoning. A proffer is a voluntary offer by a landowner during the Rezoning process to perform an act or donate money, for example, in order to justify the Rezoning. In the course of the development of the property, a situation may occur that requires the need to modify the proffered conditions.  In such instances, the applicant will request the County modify the proffers to address the particular situation(s). In order for this to occur the applicant must seek to amend the proffers.  The amendment application to the County provides the reasons for the modification(s) to the original proffered conditions.  Typically, this process requires a public hearing before the Planning Commission and the Board of Supervisors.

Call (540-422-8210) or visit the Planning Division office on the 3^rd floor of the Warren Green Building at 10 Hotel Street, Warrenton to discuss the process with a planner.  You may also wish to contact Fauquier County Department of Economic Development at (540) 422-8270 or visit www.fauquierbusiness.com. The Department of Economic Development is located at 35 Culpeper St., Warrenton.

As the owner of property that includes a cemetery, you are obligated to leave the burials alone and not damage or desecrate gravestones, cemetery fencing, monuments, etc.  Virginia law protects all cemeteries from willful and malicious damage, whether by the property owner or by others.  You may maintain the cemetery if you wish or allow descendants or other parties to do so.  You are required to allow access to the cemetery for visitation by family members or descendants and others who wish to conduct genealogical research.  

Visit the Planning Division at 16 Courthouse Square, Warrenton, VA 20186, call 540- 422-8210 or visit: https://www.fauquiercounty.gov/government/departments-a-g/community-development/planning. The office is open between the hours of 8:00 a.m. and 4:30 p.m.

The BZA meets on the first Thursday of the month. The regular public hearing begins at 2:00 p.m.

Owning a property listed in the National Register of Historic Places or the Virginia Landmarks Register can provide economic benefits.  Rehabilitation projects may qualify for tax credits through the Federal Rehabilitation Tax Incentive Program and the Virginia Historic Rehabilitation Tax Credit Program.  Eligible expenses include any work that is properly chargeable to a building’s capital account in connection with a “certified rehabilitation.”  Essentially, this means that all work done to structural components and certain soft costs, like architectural and engineering fees, construction period interest and taxes, construction management costs, and reasonable developer fees, are eligible.  Expenses related to new heating, plumbing, and electrical systems, updating kitchens and bathrooms, compliance with ADA regulations, and fire suppression systems are also eligible.  Acquisition costs and any expense attributable to additions or enlargements of the historic building are not eligible.  Rehabilitation work must meet the Secretary of the Interior’s Standards for Rehabilitation. For more information about historic tax credit program qualifications, see the following brochure: Historic Rehabilitation Tax Credits

Several Fauquier County historic properties are listed in the National Register of Historic Places either as an individual property or as a component of a village historic district or rural historic district.  Designation with National Register status does not impose restrictions on the use, treatment, transfer, or disposition of private property.  National Register listing does not lead to public acquisition or require public access.  National Register listing places no obligations on private property owners.  Instead, listing is an honor bestowed on historic properties by the State Historic Preservation Office and the National Park Service.  Designation recognizes and documents the historic value of a property for posterity.  It can encourage present and future owners to exercise good stewardship.  Owners of National Register listed properties may qualify for the use of state and/or federal historic rehabilitation tax credits or the donation of historic preservation easements. 

A historic overlay district is a form of zoning that is used frequently throughout the United States as a tool for preservation, and with any type of zoning, comes some land use restrictions.  A historic overlay district is officially adopted by the local board of decision makers—in the case of Fauquier County, the Board of Supervisors.  To date, the Board has not adopted a local historic overlay district anywhere in the County.  However, the Town of Warrenton and the Town of The Plains, which are separate jurisdictions, have historic overlay districts.      

To determine if your property is listed in the National Register of Historic Places, contact the Planning Division of the Community Development Department at (540) 422-8210.  For more information about the criteria and process for National Register designation, see the following brochure:  National Register of Historic Places.

First, it is important to record the location of a historic cemetery, along with any other pertinent descriptive information.  Although cemeteries are one of Fauquier County’s most significant heritage resources, they are also one of the most endangered due in large part to lack of identification, inventory, and mapping.  To help identify and protect these important cultural resources, citizens are invited to complete the Fauquier County Cemetery Field Documentation Form. www.fauquiercounty.gov/government/departments-a-g/gis-mapping/forms-and-information

If you have additional questions regarding cemetery laws, protection, or maintenance, contact the Planning Division of the Community Development Department at (540) 422-8210 or see the following brochures:

Virginia State Cemetery Laws

Maintaining Cemeteries

Unless a deed of sale for the property specifies retention of family ownership or otherwise indicates the cemetery is not a part of the land parcel, then most rights go to the new property owner.  Virginia law requires landowners to allow access to cemeteries on private property for the purpose of visitation by family members/descendants and for genealogical research.  You must give reasonable notice and abide by any restrictions the landowner may place upon frequency, hours, and duration of access.

If your property lies adjacent to the property containing your family cemetery and you feel that the cemetery has fallen into neglect, you may petition the Fauquier County Circuit Court for relief, including permission to access the property and maintain the cemetery.  Heirs and descendants may petition the Court for permission to relocate your ancestor’s remains from an abandoned family cemetery.

First, do not touch or remove anything.  Displacing human remains is a Class 4 felony under Virginia law.  Conviction is punishable by two to ten years in prison and up to $100,000 in fines.  This law applies to all human burials, whether prehistoric, historic, or modern.  If you find human remains (or even bones that appear to be human), you should leave them in place and contact the local or state police immediately.

Willful or malicious damage to gravestones, cemetery fences, monuments, or other burial ornaments is against the law.  It is punishable by one to five years in prison and up to $25,000 in fines.  If you see this happening, take photographs if you can, and contact your local law enforcement agency or Commonwealth Attorney to report the vandalism.

A conservation easement is a voluntary legal agreement that allows a landowner to maintain the scenic, natural, and/or historic value of his or her property, while conveying some property interest to a qualified organization, land trust, or government agency.  A property owner continues to retain full ownership, use, and control of the land but transfers specific rights to an easement holding organization, such as the right of wide-scale development, subdivision of land, or timbering.  While some easements are established for a period of years, in most instances, conservation easements are created in perpetuity. 

The primary benefit of donating a conservation easement is gaining the peace of mind of knowing that your land will always be protected from development and incompatible uses.  Many people use easements to establish a conservation legacy for their children and grandchildren.  In addition, owners who donate conservation easements may be eligible for a charitable contribution deduction from their income taxes, provided that the easement: a) is given in perpetuity; b) is given to a qualified governmental or non-profit organization; c) has a qualified appraisal; and d) is donated exclusively for “conservation purposes” (in other words, the property must have some significant natural, scenic, historic, scientific, recreational, or open space value).  For more information about conservation easements and easement programs offered to Virginia residents, see the following conservation easements page.

The Fauquier County Architectural Review Board (ARB) was established by the Board of Supervisors in 1976.  The mission of the ARB is to protect against the deterioration, destruction, and encroachment upon Fauquier County historic properties and cultural areas and to encourage uses that lead to their continuance, conservation, and improvement. 

Through the authority enacted by Article 14, Part 3 of the Fauquier County Zoning Ordinance, the Architectural Review Board is charged with specific duties, including but not limited to: advising and assisting the Board of Supervisors, the Planning Commission and other County departments and agencies in matters involving historically significant sites and buildings, such as appropriate land use on and around historic properties; conducting studies deemed necessary to discern the best means of preserving and utilizing historic assets in the County; and providing public preservation education for Fauquier County citizens and advising historic property owners regarding the best treatment options for historic resources.  According to Article 11 of the Zoning Ordinance, the Architectural Review Board is also required to review telecommunications applications when a new support tower is proposed at 120 feet or higher.  The ARB reviews these applications to determine the effects the project might have on existing historic resources, if any.  For more information about the Fauquier County Architectural Review Board and past ARB projects and programs, see the following link:  www.fauquiercounty.gov/government/departments-a-g/community-development/boards-committees/architectural-review-board

Fauquier County is responsible for reviewing telecommunications applications and determining their compliance with local regulations and the Comprehensive Plan.  The County does not offer assistance to private property owners in soliciting new telecommunications facilities.  If interested in establishing a lease agreement, a property owner must contact an industry representative—a service provider, tower owner, or site acquisition firm. 

Provided that a wireless provider meets the Federal standards for emissions, local governments are prohibited from denying an application for a new wireless facility or the expansion of an existing facility on the grounds that radio frequency emissions are harmful to the environment or to human health.    

Several organizations and agencies have published information on this topic, including:

Federal Communication Commission (FCC), RF Fields Guidelines for Cellular and PCS Sites

www.fcc.gov/guides/human-exposure-rf-fields-guidelines-cellular-and-pcs-sites

World Health Organization (WHO), Electromagnetic Fields in Base Stations and Wireless Technologies

www.who.int/peh-emf/publications/factsheets/en/index.html

National Institute of Environmental Health Sciences

www.niehs.nih.gov/health/topics/agents/cellphones/index.cfm

A Special Exception is required for Tier 5 Facilities located outside of a Targeted Geographic Service Area as well Tier 4 Facilities located outside of a Targeted Service Area that does not meet all facility standards as outlined within Zoning Ordinance Section 11-303 and 11-307. Contact the Planning Division of the Community Development Department at (540) 422-8210 for assistance in determining the need for a Special Exception.

Article 11 of the Fauquier County Zoning Ordinance addresses tower type, height, location, siting and the procedures for telecommunications applications; Chapter 9 Addendum of the Comprehensive Plan provides the County’s policies for these types of projects.  

According to Chapter 9 Addendum, the most preferred sitings for wireless telecommunications facilities are on or within existing structures where the antennas would not be highly visible (including, but not limited to, existing telecommunications towers, utility poles, electrical transmission towers, water tanks, building rooftops, and other tall structures).  The least preferred sitings are in open fields or other open areas.  If collocation on an existing structure is not possible, siting is encouraged within wooded areas or remote sites away from residences.  It is suggested that while such locations may not obscure the tower entirely from view, they may reduce visual impact.  Stealth or camouflaged tower designs (for example, tree poles or silos) are strongly encouraged.  Siting Policy 2.J states that no tower shall be sited within 1,000 feet of a Virginia Scenic Byway, unless an acceptable stealth tower design is utilized.  To learn more about application requirements, contact the Community Development Department at (540) 422-8200.  

Staff summarizes the application.  The Chairperson opens the public hearing, at which time the applicant followed by members of the public have an opportunity to speak about the application.  The Chairman will either close the public hearing or hold it open for further comment, typically until the next meeting. If the hearing is closed, the decision making body (Planning Commission, Board of Supervisors or Board of Zoning Appeals) may choose to approve, deny or postpone action on the matter.  

You can discuss your concerns with the case planner early on in the process. The case planner may suggest that you contact the Planning Commissioner and Supervisor representing your magisterial district. Some applicants have community meetings in an attempt to resolve issues before the public hearings. If you plan to oppose some aspect or all of a proposal, you should make the applicant aware of your concerns as early as possible.

There are also at least two public hearings on every project, one with the Planning Commission, and one with the Board of Supervisors. At the Planning Commission and Board of Supervisors’ public hearings, the applicant and the public have an opportunity to speak about the request. 

Staff reviews each application for completeness, case information is sent to a variety of review agencies, including Virginia Department of Transportation (VDOT), the Health Department, and the Department of Emergency Services.  Cases are assigned to individual planners. Based on the submitted application materials and comments from review agencies, the case planner prepares a staff report to the Planning Commission.  The Planning Commission holds a work session and a public hearing prior to forwarding a recommendation to the Board of Supervisors.  The Board also holds a work session and public hearing before taking action on an application. The public is encouraged to attend and participate in these hearings.

Call (540) 422-8210 or visit the Application Tracking Map to find out the name of the planner that is processing the case. You may also wish to find out the case number and the name of the applicant. You should make staff aware of any concerns that you may have. The Planning Department staff is available to talk to residents about the status of pending cases.

Cases scheduled for public hearing are advertised in the Fauquier Times two weeks before the hearing date. The ads appear on Wednesdays in a location determined by the newspaper. 

Approximately two weeks before the public hearing, the applicants are required to post signs on their property. Also, approximately two weeks before the hearing, the Planning Division sends notices to adjacent and area property owners. You can also view Planning Commission and Board of Supervisors’ meeting agendas at http://agenda.fauquiercounty.gov/.  The Board of Zoning Appeals agenda can be viewed at www.fauquiercounty.gov/government/departments-a-g/community-development/boards-committees/board-of-zoning-appeals

If you plan to attend the public hearing, you may wish to call the Planning Division (540-422-8210) to make sure that your case is still scheduled for hearing. 

In Fauquier County, the following applications require a public hearing:

• Rezonings
• Special Exception
• Special Permit
• Comprehensive Plan Amendment
• Comprehenisve Compliance Review
• Zoning Ordinance Text Amendments
• Subdivision Ordinance Text Amendments

The Department is located at 16 Courthouse Square and can be reached at 540-422-8200.

The Department leads community planning efforts related to the Comprehensive Plan, working with citizens and businesses to define the community vision overall and in individual Service Districts. The Department also works to develop the appropriate policies and ordinances aimed at achieving that vision. In addition, the Department also offers various workshops throughout the year. Follow the News or Events links on the Community Development Homepage for more opportunities for involvement.

There are a couple of ways to comment on applications. Public comment is received at all public hearings. If unable to attend a public hearing, comments can be submitted in writing or via e-mail to the Department of Community Development. All comments will be forwarded to the appropriate staff, Committee and/or Board for which they are relevant.

Most of the Committees and Boards that are staffed by the Department of Community Development meet once a month. All meetings are open to the public. In addition to a public meeting, several Committees and Boards conduct public hearings on specific applications. During public hearings, comments are received from the public. Some of these Committees and Boards have work sessions prior to the public hearing. Work sessions are also open to the public; however, public comment is not received.

Specific meeting locations, agendas, and times for meetings and work sessions are posted online and/or in the newspaper. Visit individual Committee or Board webpages for more details www.fauquiercounty.gov/government/boards-committees and select a Committee or Board).

Board of Supervisors - 2nd Thursday each month at 6:30 p.m.

Planning Commission - 3rd Thursday each month at 6:30 p.m.

Board of Zoning Appeals - 1st Thursday each month at 2:00 p.m.

Transportation Committee - As needed

Architectural Review Board - 1st Wednesday each month at 4:00 p.m.

Agricultural and Forestal Advisory Committee - Typically 1 time per year in late winter/early spring

The preferred process for viewing an existing project file is to contact the Planning Division at (540) 422-8210 and provide at least one of the following: 1) Project Name; 2) Parcel Identification Number (PIN); or 3) File Number.  Special Permit, Special Exception, Rezoning and Preliminary Plat applications are available online through the Application Tracking Map. 

Business hours are Monday through Friday, 8:00 a.m. to 4:30 p.m.        

The Department of Community Development is located at 16 Courthouse Square, Warrenton, VA 20186. 

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. 

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.

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.

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.

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.

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.

Yes.  Currently, Fauquier County’s aquifers are vulnerable due to several factors.  Some Service Districts currently have limited water supplies; while other Service Districts may have enough water supply, but they lack sufficient water storage facilities.  Still other Service Districts have water supplies that have water quality issues requiring on-going treatment.  None of our Service Districts have effective groundwater monitoring programs that focus on safeguarding existing supplies.  While Fauquier County and the County’s main water utility (Fauquier County Water and Sanitation Authority) are actively working to address these concerns, the solution to most of these vulnerabilities require money, time, and a community commitment focused on improving these shared resources.     

Currently, the extent, nature, and long-term sustainability of Fauquier County’s aquifers is largely unknown.  There may be sufficient data for certain areas of the County to allow reasonable assumptions, but more work is needed to better assess the characteristics of Fauquier County’s aquifers.

While providing a protective vegetative screen along surface streams may likely be good for the health of the stream, in most instances, there are no laws or regulations in Fauquier County that requires stream buffers.  There are state and federal financial assistance programs designed for landowners, especially farmers that want to restore vegetative buffers along streams.  In many instances, conditions to receive this financial assistance may require the establishment of stream buffers, but enrollment in these financial assistance programs is entirely voluntary.  While stream buffers may not be legally required, the maintenance of streamside vegetation is encouraged, since these buffers help keep Fauquier County’s streams clean.

Some are and some are not.  The federal Clean Water Act requires each state to evaluate the water quality of surface waters and every two years produce a list of surface waters in the state that does not meet the water quality standards for established designated uses.  For instance, there are different water quality standards for human recreation use versus aquatic life.  These lists are often referred to as the state’s “Impaired Waters”.  There are many streams in Fauquier County that are on Virginia’s Impaired Waters list.  Most of these impairments are due to not meeting the Recreational Water Use standard caused by elevated levels of Escherichia coli (E. coli) bacteria.  The source of this E. coli may be due to (in no particular order) runoff from livestock operations, failing septic systems, wildlife, pet waste, and improper discharges into stormwater systems.  Fauquier County’s Impaired Waters are located in all parts of the County, so the factors leading to these water quality concerns may be multi-faceted and widespread.  Potential solutions may require incremental progress by all affected parties in each watershed.

The term “MS4” is an abbreviation for “Municipal Separate Storm Sewer System”.  Virginia’s Department of Environmental Quality (DEQ) and the U.S. Environmental Protection Agency (EPA) issued and administers over 100 MS4 Permits within Virginia. Fauquier County received its MS4 Permit in May 2014.  The purpose of MS4 Permits is to ensure that surface water quality within urbanized areas is improved, and that these waters are properly managed.

The general premise of an MS4 Permit is as follows:

1. Urban stormwater systems are known to pollute surface waters.
2. These stormwater systems are owned by some public entity.
3. That public entity is either generating pollutants and discharging into surface waters, or is allowing pollutants generated elsewhere, to flow through their stormwater system to eventually discharge into surface waters.
4. Therefore, that public entity must manage their stormwater systems in a way that reduces the pollutant load within their stormwater systems.
5. The MS4 Permit allows that public entity to discharge urbanized stormwater into surface waters, but must legally take systematic steps to ensure that the pollutant load within their urban stormwater is reduced. 
6. Since all of Fauquier County’s stormwater eventually enters the Chesapeake Bay, the County’s MS4 Permit is closely tied to the restoration goals of the Chesapeake Bay.

Virginia Department of Environmental Quality 703-583-3800 http://deq.state.va.us

Fauquier County Environmental Services 540-422-8840  www.fauquiercounty.gov/government/departments-a-g/environmental-services

Fauquier County Water and Sanitation Authority 540-349-2092 www.fcwsa.org

National Response Center 800-424-8802 http://nrc.uscg.mil

Virginia Department of Health 540-347-6400 www.vdh.state.va.us

U.S. Environmental Protection Agency 800-438-2474 www.epa.gov

The most common type of aquifer in Fauquier County is fractured bedrock aquifer. A type of rock that normally does not hold a lot of water may hold a lot of water if there is a large fracture or crack in the bedrock. In these aquifers, water may flow very fast in the direction of the crack, but very slowly between the next series of cracks. Water flow in these aquifers is highly variable, depending upon the direction of the cracks and how connected they are to each other. Since most of the County’s aquifers are the fractured bedrock type, things placed on the surface may find their way to the groundwater, unfiltered, within hours or days. Activity on the surface has a direct effect upon the groundwater quality. 84% of the residents in Fauquier County rely on groundwater for their drinking water. It is therefore critical to properly dispose of household cleaners, medications, paint products, auto fluids and gardening chemicals. The Fauquier County Environmental Services Department operates a Household Hazardous Waste (HHW) program to enable citizens to properly dispose of these materials. Responsible stormwater management, good landscaping, construction and agricultural practices, including the proper dosage of fertilizers and other house and farm chemicals, are also important in protecting the aquifer.

Some of the bedrock voids are so small they are microscopic. For instance, a brick contains microscopic pores. A brick placed in water, will slowly absorb some water and begin filling these pores. Water moves through these aquifers slowly. On the other end of the spectrum is bedrock containing large voids such as caves or the spaces between large-sized gravel. Water moves through these aquifers quickly. There are many aquifers that flow as fast as some surface rivers. An example of this is West Virginia’s Cacapon Mountain aquifer, which is a tributary of the Potomac River.

Groundwater is simply water that lies below the Earth’s surface, whether held by the soil or lying in voids contained within bedrock. The source of groundwater is precipitation that fell on the Earth’s surface. Some of this water evaporates, some is consumed by plants and animals, some runs off the surface and washes into lakes and streams, and some sinks and enters the local groundwater. Groundwater in one location may be connected to groundwater in another location. A particular system of interconnected groundwater is called an aquifer.

The Transportation Citizen Request Form can be found here. Forms should be mailed or hand-delivered to the Fauquier County Planning Division or can be emailed to: Adam Shellenberger or Kaitlyn Worley.

Contact the Fauquier County Public School Transportation Department for any request relating to public school activities. They can be contacted at 540-422-7240 or visit https://www.fcps1.org/Transportation

Submit a Transportation Citizen Request Form to Fauquier County Community Development. County staff will review the request and consult VDOT and the appropriate member of the Board of Supervisors.  Final VDOT approval will depend on the circumstances involving the sign.

Often the problem with vehicles traveling at excessive speeds isn’t due to posted speed limits, but rather to speed limit enforcement. If this is the case, contact the Fauquier County Sheriff’s Department at 540-422-8600. If the posted speed limit is the issue, then a request for change can be made to the Planning Division of the Department of Community Development using the Citizen Request Form. Following review from Planning staff and the appropriate member of the Board of Supervisors, VDOT will conduct a study to determine the speed for the road. This study, which compares the road to established VDOT criteria, takes 90 to 120 days to complete. VDOT will then report its findings back to the Planning staff. Please be advised that speed limits are based on strictly adhered to VDOT criteria. For more information on VDOT’s speed limits visit: www.virginiadot.org/info/faq-speedlimits.asp

To meet the minimum requirements, which does not guarantee the street will be accepted in the Secondary Road System, it must:

• Have sufficient right-of-way, generally 50 feet, or all property owners must be willing to voluntarily donate any needed right-of-way.

• Be constructed to VDOT standards, with all costs (which are generally very high) to bring the road up to VDOT standards being borne by the property owners, not VDOT or Fauquier County. For more information on VDOT standards visit: www.virginiadot.org/projects/ssr-rev.asp. For more information on acceptance into VDOT’s Secondary System visit: www.virginiadot.org/info/faq-2ndaryroads.asp

First, consider that gravel roads are a part of the rural character of Fauquier County and a paved road may invite more traffic. The road must have sufficient right-of-way, generally 50 feet, or all property owners must be willing to donate the necessary right-of-way. If the road meets this requirement, then a request for paving must be made through the Transportation Committee, which makes its recommendations each spring on additions to the County’s Six-Year Plan to the Board of Supervisors. The Board makes the final decision on alterations to the Six-Year Plan. Keep in mind funding is very limited, and paving projects can take years to complete. The Rural Rustic Program is a less expensive option for roads with lower traffic levels. To learn more visit: http://www.virginiadot.org/info/resources/RuralRusticProgram.pdf Requests for VDOT road maintenance such as paving potholes should be directed to VDOT at 800-FOR-ROAD (800-367-7623) or visit: www.virginiadot.org/travel/citizen.asp.

Unless they are private, Fauquier County's roads are maintained by the Virginia Department of Transportation (VDOT).  Requests for VDOT road maintenance such as paving potholes should be directed to VDOT at 800-FOR-ROAD (800-367-7623) or visit: www.virginiadot.org/travel/citizen.asp.

The Plan is implemented in many ways. It is used as a source to evaluate and guide land development applications such as Rezonings, Special Exceptions and Special Permits. The plan is also used as the basis for modifying the Zoning Ordinance, Subdivision Ordinance and Design Standards Manual. The Plan helps determine the Capital Improvements Program (CIP) and provides the basis for developing programs such as the Purchase of Development Rights, grant applications such as the Marshall Main Street Transportation Enhancement Grant, Form Based Code and Cemetery Guidelines.

The Fauquier County Comprehensive Plan presents a long-range vision for the County. It sets forth a guide for development within the County to promote, preserve and protect the health, safety and general welfare of its citizens. The purpose of the Plan is not to regulate, but rather to guide land use, transportation, infrastructure and resources decisions. The Comprehensive Plan is a vital tool in understanding and influencing outcomes, by providing direction to protect resources and permit orderly development, ensuring a continued quality of life for the citizens and businesses of Fauquier County.  The Comprehensive Plan focuses on the next 20 years by providing guidance for development decisions. 

The Comprehensive Plan is the foundation for all decision making involving land use planning and growth management in Fauquier County. Development of the Comprehensive Plan gives citizens and County government the means and opportunity to establish goals and policies that influence land development applications, future ordinances, and programs and projects to attain the future vision of the County. 

The BZA considers and acts upon such appeals.  The rules of procedure regarding appeals, which details submission requirements and oral argument rules at the public meeting, are available at the Planning Division office on the Third Floor of the Warren Green Building, 10 Hotel Street, Warrenton and at www.fauquiercounty.gov/government/departments-a-g/community-development/boards-committees/board-of-zoning-appeals

The BZA meets in the Warren Green Building at 10 Hotel Street, Warrenton. Public hearings are held in the first floor meeting room of the Warren Green Building. 

The Fauquier County Board of Zoning Appeals (BZA), as established by the Fauquier County Board of Supervisors, is charged with hearing all variance applications, deciding applications for interpretation of zoning district maps where there is uncertainty as to district boundary location, and deciding appeals of Zoning Administrator determinations, with the authority to uphold or overturn such decisions. The five members of the BZA are appointed by the Fauquier County Circuit Court to five-year terms. Unlike members of the Board of Supervisors and the Planning Commission, the BZA members do not represent Magisterial Districts.

Call (540-422-8210) or visit the Planning Division office on the 3^rd floor of the Warren Green Building at 10 Hotel Street, Warrenton to discuss the process with a planner.  You may also wish to contact Fauquier County Department of Economic Development at (540) 422-8270 or visit www.fauquierbusiness.com. The Department of Economic Development is located at 35 Culpeper St., Warrenton.

Fauquier County’s Purchase of Development Rights (PDR) program is administered by the County’s Department of Agriculture Development.  To learn about the voluntary land preservation program, visit www.fauquiercounty.gov/ government/departments-a-g/agricultural-development or call (540) 422-8280.

Many subdivisions in the County are subject to covenants and deed restrictions, which regulate the use of property beyond the limitations contained in the County's ordinances. Deeds and covenants are private agreements between property owners and are not enforced by the County. Therefore, before you add a shed or fence to your property or initiate any other significant changes, you should check with your homeowners' association or deed to determine if any restrictions apply. 

A copy of a plat may be obtained at the Records Room on the First Floor at 29 Ashby Street, Warrenton. If a copy of your plat is not on file with the County, search your residential loan closing documents or contact the lending institution from which your mortgage was obtained or you will have to hire a private land surveyor to have a new plat prepared. 

For property information visit Real Estate Online at http://reo.fauquiercounty.gov. You may search for a parcel using owner name, address, Parcel Identification Number (PIN) or subdivision name.

Every property in Fauquier County is governed by regulations.  Every property also has a Comprehensive Plan land use designation and Zoning District classification.  Call (540-422-8210) or visit the Department of Community Development at 16 Courthouse Square, Warrenton, VA 20186 to discuss any questions you may have with a staff member regarding the property's characteristics and applicable regulations.

Property owners/applicants are required to post public hearing notices on properties which are the subject of an application for certain actions that need Planning Commission, Board of Supervisors, or Board of Zoning Appeals review. To find out why the sign has been posted, call the Planning Division at (540) 422-8210 or visit the Application Tracking Map. 

Visit Planning Commission or call 540-422-8210. Applications, agency comments, and staff reports are available for public review in the Planning Office at 16 Courthouse Square, Warrenton, VA 20186 or at Agendas.

Typically, the Planning Commission meets in the Warren Green Building at 10 Hotel Street, Warrenton. The work sessions and public hearings are held in the first floor meeting room of the Warren Green Building.

The Planning Commission (PC) holds public hearings on amendments to the Comprehensive Plan, applications for Special Permits, Special Exceptions, Rezonings, amendments to ordinances, and the location of new public facilities. Before public hearings take place, county staff notifies by mail landowners who adjoin the property that is subject to a Rezoning, Special Exception or Special Permit request. The County also places advertisements in the local newspaper indicating all items on the Commission's public hearing agenda and the date, time and location of the public hearing.

The PC also holds work sessions on a variety of topics as part of its responsibility to provide planning advice to the Board of Supervisors. Recent work sessions have been held on the topics of Telecommunications, Changes in the Agriculture Industry and Transfer of Development Rights.

The Planning Commission meets on the third Thursday of the month. The regular public meeting begins at 6:30 p.m. A work session is held, generally in the morning, prior to the public meeting. The Planning Commissioners often make site visits, and these are posted on the County calendar.

The Fauquier County Planning Commission (PC) is an appointed five-member body charged with advising the Board of Supervisors (BOS) on all matters related to the orderly growth and development of the County. Each of the County’s five Magisterial Districts is represented by a Commissioner.

Please bring in any paperwork you received (court order or bond recognizance) that directed you to report to the Office of Adult Court Services.  Additionally, please bring in a piece of mail verifying your home address and your last paystub to verify employment.

Pretrial consists of two elements: investigation and supervision.  Defendants being held at the local Adult Detention Center awaiting their arraignments have the opportunity to participate in a voluntary interview with a Pretrial Investigator at the jail.  Specific demographic information is obtained during this interview and presented to the Court in a formal report.  More specifically, this report is nationally known at the Virginia Pretrial Risk Assessment Instrument.  The officer concentrates on facts that may predict danger to the community and/or risks of flight.

Part of this process is information verification, running a prior criminal history and recommending an appropriate bond/release conditions.  Recommendations are either for "release" or "detain" to include the least restrictive conditions to the offender, but at the same time mitigate any potential risk factors to themselves and society.

In addition to Pretrial Investigations, there is the supervision aspect which is a special condition of bond set by either a Magistrate or Judge.  During this process, a defendant is assigned a Pretrial Officer whose job is to oversee any specific court-ordered sanctions and properly provide referrals and resources to the defendant when needed.  The Officer’s duty is to report both compliance and violations to the Court while an offender is out on bond.  Supervision status comes to a conclusion once the defendant is adjudicated.

Although Pretrial and Probation supervision have similar components, they differ from each other in a few different ways:

• Pretrial preserves and upholds a defendant’s presumption of innocence until proven guilty by the Court of law.
• An Officer will not discuss nor ask questions in regards to the current charge(s) or details of the specific alleged offense or arrest.  They are not a part of the guilty or not guilty decision making.
• Any violation of Pretrial Supervision or bond can result in a Capias being issued for an apprehension and/or bond revocation.

The Office of Adult Court Services supervises offenders who have been convicted of a misdemeanor and/or non-violent felony, whereas the Virginia Department of Corrections (DOC) supervises offenders who have been convicted of any class of felony.  The local DOC office can be contacted at 540-347-6354 or 30 Ashby Street, Suite 108, Warrenton, VA 20186.

MRT is a Cognitive-Behavioral therapy that focuses on changing the underlying factors (criminogenic needs) that are shown to cause criminal behavior.  Factors such as criminal thinking, beliefs, values and attitudes are targeted during MRT.  MRT has shown to be effective in reducing recidivism in substance abusers, DWI offenders and domestic violence perpetrators. (Little, 2000, Cognitive-Behavioral Treatment of Offenders)

In 2018, the Office of Adult Court Services implemented the MRT group for offenders.  The group meets once a week on Wednesday nights at no cost to offenders and is facilitated by a certified MRT Specialist.

Virginia Alcohol Safety Action Program (VASAP) offers services to those who have been a DUI and/or drug offense.  VASAP has developed many educational programs designed to improve highway safety.  These programs distinctively respond to the needs of each locality in Virginia.  These VASAP system is composed of 24 local programs throughout the Commonwealth.  For more information, visit http://www.vasap.state.va.us/index.html.

District Nine ASAP (VASAP/ASAP) can be reached at 540-829-7379.  The office is located at 1300 Sunset Lane, Suite 3110, Culpeper, VA 22701.

The Public Defender Commission’s office can be contacted at 540-347-6390 and is located at 16 Horner Street, Warrenton, VA 20186.

Please contact the court that heard the case.  Please note case information can also be found online at http://www.courts.state.va.us/caseinfo/home.html, however, cases heard in Juvenile & Domestic Relations Courts are not made public.

Please contact the court that is scheduled to the case.  Please note case information can also be found online at http://www.courts.state.va.us/caseinfo/home.html, however, certain information is not made public, such as cases heard in Juvenile & Domestic Relations Courts.

Please contact Fauquier County General District Court at 540-422-8035 or Rappahannock County General District Court at 540-675-5356.  You can also pay online at http://www.courts.state.va.us/caseinfo/tickets.html.

Please contact the court that heard your case.

Please contact Fauquier County Circuit Court at 540-422-8100 or Rappahannock County Circuit Court at 540-675-5350.

In Fauquier County, please contact the Juvenile & Domestic Relations Court (540-422-8040) if the victim is a minor or family member (spouse, child, etc.) and General District Court (540-422-8035) for a non-domestic issue.

In Rappahannock County, please contact the General District and Juvenile & Domestic Relations Court at 540-675-5356.

Please contact Fauquier County Circuit Court at 540-422-8100 or Rappahannock County Circuit Court at 540-675-5350.

Please contact Fauquier County Juvenile & Domestic Relations Court at 540-422-8040 or Rappahannock County Juvenile & Domestic Relations Court at 540-675-5356.

The John Marshall SWCD provides technical and financial assistance for conservation practices such as excluding livestock from streams and winter cover crops.  The District also provides education opportunities for local schools and other groups.

To get your soil tested, please contact the Fauquier County Extension Office at 540-341-7950.  For water testing, there are several different companies that can do this.  One of them, located in Warrenton, is Joiner Micro Lab and they can be reached at 540-347-7212.

The District does not offer technical assistance for pond management; however, the following online resources are available for pond owners.  For other assistance, please contact the Virginia Cooperative Extension Office at 540-341-7950.

Clearing Muddy Pond Waters

Control Methods for Aquatic Plants in Ponds and Lakes

Fish Kills: Their Causes and Prevention

Liming Acidified Lakes and Ponds

Call Fauquier County Community Development at 540-422-8200.

Yes.  Please see: VA Erosion and Sediment Control Agricultural and Forestry Exemptions.

Agriculture: Commercial Production

Virginia Cooperative Extension (Fauquier): 540-341-7950

BMP (Best Management Practice) Cost Share Program

John Marshall Soil & Water Conservation District: 540-347-3120 x4

Composting

Virginia Cooperative Extension (Fauquier): 540-341-7950

Farmland Preservation

Virginia Cooperative Extension (Fauquier): 540-341-7950

Department of Conservation & Recreation: 540-351-1500

Fauquier County PDR Program

Fish/Pond Management

Virginia Department of Game and Inland Fisheries

Virginia Cooperative Extension (Fauquier): 540-341-7950

Natural Resource Conservation Service (Warrenton): 540-347-3120 x3

Forestry/Forest Management

Virginia Department of Forestry (Warrenton): 540.347.6358

Gardening

Virginia Cooperative Extension (Fauquier): 540-341-7950

Horses, Horse Pastures

Virginia Cooperative Extension (Fauquier): 540-341-7950

Insects, Management and Control

Virginia Cooperative Extension (Fauquier): 540-341-7950

Virginia Tech Insect Identification Lab

Lawn Care/Landscaping

Virginia Cooperative Extension (Fauquier): 540-341-7950

Livestock Management/Pasture and Hay Production

Virginia Cooperative Extension (Fauquier): 540-341-7950

Nutrient Management/Planning

Virginia Department of Conservation & Recreation: 540-351-1500

John Marshall Soil & Water Conservation District: 540-347-3120 x4

Virginia Cooperative Extension (Fauquier): 540-341-7950

Pesticides/Pesticide Safety

Virginia Department of Agriculture and Consumer Services

Virginia Cooperative Extension (Fauquier): 540-341-7950

Recreation

Virginia Department of Conservation & Recreation

Virginia Department of Game & Inland Fisheries

Riparian Buffers

Virginia Department of Forestry (Warrenton): 540.347.6358     

John Marshall Soil & Water Conservation District: 540-347-3120 x4

Natural Resource Conservation Service (Warrenton): 540-347-3120 x3

Virginia Cooperative Extension (Fauquier): 540-341-7950

Septic Systems

Virginia Department of Health: 540-347-6400

Soil Conservation/Erosion Control

Fauquier County Erosion & Sediment Control: 540-422-8240

Virginia Department of Environmental Quality (Northern Regional Office): (703) 583-3800

John Marshall Soil & Water Conservation District: 540-347-3120 x4

Natural Resource Conservation Service (Warrenton): 540-347-3120 x3

Virginia Cooperative Extension (Fauquier): 540-341-7950

Wells/Groundwater

Virginia Department of Health: 540-347-6400

Virginia Cooperative Extension (Fauquier): 540-341-7950

Fauquier County Community Development: 540-422-8200

Wetlands/phragmites control

US Army Engineer District (Rappahannock Watershed – Norfolk Office): 757-201-7606

US Army Engineer District (Potomac Watershed – Baltimore Office): 410-962-2809

Natural Resource Conservation Service (Warrenton): 540-347-3120 x3

Wildlife Problems/Rehabilitation/Habitat

Virginia Department of Game & Inland Fisheries

Natural Resource Conservation Service Private Land Wildlife Biologist: 804-537-5225 x119

Library cards are free for county residents and for residents in areas that have borrowing agreements with Fauquier County Public Library.

A parent or legal guardian must sign for applicants under the age of 18.

You may apply in person or online.

For more details on eligibility requirements and other library services, visit http://fauquierlibrary.org.

The Clerk’s Office of the Fauquier County Circuit Court offers limited access to the Land Records Management System through secured and restricted web access. Access will be available through subscription only, to be approved by the Clerk. The following types of records will be available through subscription: Index to deeds, wills, marriages, financing statements, judgments, and trade names; and images from deed and will books, and judgment docketing information.

Charges: $150 annually for each subscription, which will include access for two users. To add additional users to an account, a fee of $75 per year per user will be charged. Click on the links to find additional information on the remote access subscriptions:

Information for RemoteAccessSubscription

RemoteAccessApplication

Remote Access Agreement

See our jury information page on our website for instructions and detailed information regarding these matters.  

Please review the list of civil celebrants that you can contact to perform the ceremony after you get the license.  See the list of civil celebrants on our marriage license page.  

To begin the process, we ask that you drop off the following at our office at 29 Ashby Street, Warrenton, VA, 20186 from 8:00am - 4:00pm, Monday through Friday:

1. Original copy of the will

2. Certified copy of the death certificate

3. The completed Request for Probate Form

Once our office reviews your information, we will contact you with your next step.

To obtain a copy of a deed or plat you need to contact the Record Room.  See their page for details.  

See Court Transition Plan on Circuit Court page

Our office cannot, by law, give legal advice.  You should consult with an attorney or do the legal research on your own to answer your question.

For attorney referrals please contact one of the following:

Virginia State Bar Virginia Lawyer Referral Service:  Call 1-800-552-7977 or see www.vsb.org/vlrs/for more details.

Rappahannock Legal Services: A non-profit corporation that provides free civil legal assistance to low-income individuals and families in Fauquier, Culpeper and Rappahannock counties.  Call 540-825-3131 or see www.rapplegal.com for other offices and locations.

Fauquier County Bar Association: Provides referrals to local attorneys.  See their website at www.fauquierbar.org.

Uncontested Divorce Forms (available through the Virginia Courts’ self-help website at http://selfhelp.vacourts.gov/)

You  have two options:

1. CHANGE THE ADDRESS ON YOUR CURRENT PERMIT: 1.    To have the address changed on your current permit, you will need to contact the Circuit Court where you obtained your permit and apply for an address change (request for duplicate).  There is a $10.00 fee and a new permit with your Fauquier address will be sent to you.  This will allow you to carry that permit until it expires.   When this permit expires, you will need to come to the Clerk's office and apply for a new one and there will be a $15.00 fee.

OR

2. YOU APPLY FOR A NEW PERMIT IN FAUQUIER: 1.    You can come into the Clerk's office and apply for a new permit here in Fauquier.  There will be a $15.00 fee.  However; please note that if you apply either less than 90 days from the expiration date or more than 180 days from your expiration date, the new permit will expire in 5 years after the date it was issued.

You can also see that page for renewals.

Use the Virginia Circuit Court Online Payment System to pay fines & costs.

Circuit Court fines and costs can also be paid in person or by mail.  We accept CASH, MONEY ORDERS, or CASHIER'S CHECKS ONLY.  We DO NOT accept payments by personal check, debit or credit cards.  Please make any money orders/cashier's checks payable to: 'Clerk of the Circuit Court Fauquier County' and mail them to:

Clerk of the Circuit Court

29 Ashby Street

Warrenton, VA 20186.   

Include a self-addressed, stamped envelope so we can return your receipt to you.

For additional information see: Posted Notices and Orders

1. Go to: Virginia Judicial System Case Status

2. Select Court

3. Select the county or city of your choosing in the drop down box and hit begin.

4. At that point, you can select criminal or civil and either search by name, case number, or hearing date.

5. Then click on the blue case number for the correct case you are searching for and then you can see case details for that case.

This search engine will provide all cases from 1988-current for the Fauquier Circuit Court.  You cannot see the actual documents regarding the case but you can see where certain documents were entered by clicking on pleadings/orders at the top of the screen.  In order to do view the actual documents, you would need to come into the courthouse and view them.  You can also check services by hitting the services tab at the top of the screen after clicking on your case. 

You would need to request a criminal background check through the Virginia State Police.  Please see their website for details.

You may donate in person at any FCPR Community Center, or online when you register for activities and/or make reservations.  You can also donate online as a separate transaction - see instructions.

Thank you for your generosity!

A reassessment is the process by which the assessed value of real estate property is revised to keep the value consistent with what the property is worth on the open market, and to assess properties fairly in comparison to each other.

Why reassess?
It is required by Code of Virginia § 58.1-3252:
There shall be a general reassessment of real estate every four years.  Any county which, however, has a total population of 50,000 or less may elect by majority vote of its board of supervisors to conduct its general reassessments at either five-year or six-year intervals.  Nothing in this section shall affect the power of any county to use the annual or biennial assessment method as authorized by law.

Property’s assessments are intended to reflect market values at the time of reassessment.  Between reassessment periods market values change.  The value changes may happen for a variety of reasons:  appreciation and value declines (i.e., equalization changes); structural changes (additions, remodeling), re-zonings, and land divisions (i.e., growth).  A combination of these factors can apply to the same property.  Reassessments are intended to restore equity within the county so that values are at a uniform percentage of market value.

Why reassess now?
Based on Fauquier County's current population, the Code of Virginia requires Fauquier County to reassess a minimum of every 4 years. The prior reassessment went into effect on January 1, 2018. The results of the current reassessment takes effect January 1, 2022 and will be in effect through December 31, 2025.

An appraiser will arrive at your property in a vehicle clearly marked as “County Reassessment” and will have an official identification badges issued by Fauquier County.  Upon arrival, the appraiser will approach your house for an introduction.  They will briefly explain their purpose for being at your property, and how they would like to conduct the inspection. The appraiser will not come into your house. 

The appraiser may conduct a brief interview with you asking questions such as

• How many bedrooms and baths are there in the house?
• What type of flooring do you have?
• How old is the house?
• Have any additions been built?
• Has there been any remodeling done?
• Have you recently purchased the property?
  (If the property has been recently purchased, the appraiser may ask sales related questions.)

After speaking with you, the appraiser will measure and inspect the exterior property, and document any changes that have been made since the last property assessment. They will also take pictures of the front and back of your residence, and may take pictures of any additional structures on the property. Pictures serve as proof that an appraiser inspected your property, and as visuals aids if you have a hearing.

If no one is at home, the appraiser will proceed with the inspection of your property.  At the end of the inspection, they will leave a door hanger stating that they have been to your property, and whether they need further information about the property.  Contact information is provided on the hanger.

• Sales Price
  Actual amount paid by a buyer for a property or group of properties.
  
  
• Appraisal
  Detailed private sector single-property valuation obtained anytime throughout the year.  It can be used for a wide range of purposes such as a mortgage, plan to sell, home equity loan, or estate valuation.  An internal inspection and a complete individual market analysis of the subject property and comparable sold properties are generally required.  Equity within a neighborhood is not considered.
  
  
• Assessment
  Mass appraisal of property for tax purposes in which properties are valued by analyzing the property sales within defined like areas and by applying those values to homes similar to the ones that sold.   In Fauquier County, approximately 34,250 parcels will be reviewed and assessed during a 12-18 month period. Equity is a primary consideration.

Mass appraisal techniques are used to value similar groups of commercial, industrial, residential, agricultural, or other properties.  When grouping similar properties, the appraisers take into consideration such things as comparable sales, rental income/expense information, location, condition, and economic factors.  Sales information is gathered from recorded deeds, buyers, sellers, real estate professionals, and the selling prices are compared to the assessed values to determine an assessment/sales ratio.  Property values are adjusted to match current market and cost data in an equitable manner.

This is where the assessed value is based on the reasonably probable use that produces the highest property value. Highest and best use assumes only those uses which are legally, physically, and financially feasible for the property – and may or may not be the current use of the property. For example, if a residence is located in a commercially zoned area and the value as a commercial property in that area exceeds the value of a residential property in that same area, then the overall highest and best use of the property would be as a commercial property.

A “Home Site” is all or part of a parcel that is best suited for single family residential construction. Applying the concept of “highest and best use”, this part of the land parcel is worth significantly more than the residual acreage. Properties of 20 acres or less are each assessed with a 1 acre or less home site (unless the property is unbuildable or landlocked, or the existing home is large enough to require more than 1 acre). Home site values are generally uniform within a neighborhood (areas with similar characteristics), assuming land parcels to be similar in size.

As an example, if a citizen owns a ¼ acre lot, and this is the approximate standard lot size within the neighborhood, then all home site assessments within that neighborhood are likely to be uniform. However, if most properties within the neighborhood have 1 acre home sites, and one property has only a ¼ acre lot, the ¼ acre lot will be assessed as home site with a lower assessed value than the larger 1 acre home sites.

It is worth noting that the differential in size between the standard home site does not usually equate to the same differential in assessment. For example, if a parcel within a neighborhood is 25% larger than all the other parcels in the neighborhood, that parcel will not usually be assessed 25% higher than other parcels in the neighborhood.

Once a home site value is assessed, the residual acreage (any acreage over and above the home site) is assigned a per-acre value—this is also uniform among similar locations. The values assigned for home sites and residual acreage are based on a sales-ratio analysis performed during the reassessment process. The outcome of this analysis establishes the baseline market values.

Although home site values tend to be standard within a neighborhood, other considerations such as topography, location, or accessibility can contribute to variations in individual home site valuations.

Unlike most single family residential property, commercial property is often rented out by the owners and operated as an investment. For this reason, commercial and multifamily real estate is often marketed as investment property. Investors will weigh the income potential, vacancy rates, risk levels and expenses to operate the property as a rental to determine what they should pay for the property and still earn a rate of return that is competitive with other types of investments in the current market.

While the appraisal of residential real estate relies most heavily on cost and the market approaches to determine value, the appraisal of commercial real estate relies on cost, market, and income approaches with the income approach often given the most weight. The income approach considers the ability of the property to earn income through rents, taking into account the operating expenses and allowing for vacancy and collection losses. The resulting net operating income is then capitalized into value with an appropriate rate to achieve a fair market value estimate. Collecting this information from a broad range of commercial properties enables the Reassessment Office to have a more accurate picture of the rental market, including typical expense and vacancy rates, for each type of commercial property.

Pursuant to authorization derived from Section 58.1-3294 of the Code of Virginia, the Fauquier County Reassessment Office requests that owners of income-producing real estate to furnish statements of the income and expenses attributable to the real estate. Owners not furnishing requested income and expense information cannot use income as a basis of appeal of the assessment until the next general reassessment.

In accordance with Title 58.1-3 of the Code of Virginia, income and expense information obtained for assessment purposes is considered proprietary and held in strict confidentiality. This data is not shared with anyone from the general public other than the submitting property owner and their authorized representatives.

This is basically a matter of volume.  As acreage increases the cost per acreage decreases.  Conversely, as acreage decreases the value of the land generally increases.  Home site values represent fixed costs and as such increase the per acre of smaller tracts exponentially.

A manufactured "mobile" home used as a dwelling and titled with the Division of Motor Vehicles (DMV) is assessed as personal property and taxed at the real estate rate.

A manufactured "mobile" home used as a dwelling and converted to real estate by turning in the title to the DMV is assessed as real estate and taxed as the real estate as long as the land owner and the manufactured home owner are the same. 

A manufactured "mobile" home used as an accessory structure and has permanence, i.e., foundation or improvement(s) built around it or utilities attached, may be assessed as real estate, otherwise it is personal property and taxed as real estate.

The land on which the structure is resides and any improvements to the structure, i.e. porches, decks, paved driveways, fences, etc are assessed and tax as real estate.  

Scholarships are available exclusively for residents of Fauquier County. Residency will be verified during the application process.

To apply for financial assistance for programs, residents can visit recreation.fauquiercounty.gov. Go to the "Forms and Fees" tab and click on the link for program scholarship applications.

To ensure there is enough time for review, verification, and processing, please submit applications at least 10 days before the program start date.

Please note that scholarship funds awarded to employees of Fauquier County Government and Schools are considered taxable benefits and will be taxed through payroll.

If you are currently receiving DSS benefits, you must complete the Commonwealth of Virginia Uniform Authorization to Use and Exchange Information form and upload it during the application process.

For those not receiving DSS benefits, you will need to specify the amount of aid you are requesting.

Applicants will receive funding decisions via email sent to the address associated with their Civic Rec account. If awarded, scholarship funds will be credited to the participant’s account on the same day of notification and can only be used to register for the program you applied for.

Please note that funds will expire one week after being credited to the recipient’s account.

There is no limit on the number of requests a family can make for Summer Camps and Swim Lessons. However, for all other programs, a maximum of 2 scholarships per individual per session is applicable.

If a scholarship recipient withdraws from an activity, the refund policy from FCPR will be followed for the portion of the payment made by the recipient.

The term “improvement” refers constructed items and/or structures which improve the real estate. These include buildings, paving, pools, barns, towers, etc. that are physically located on the property. It does not refer to upgrades of constructed items and/or structures.

Real estate may be assessed for more or less than the purchase price because the assessment reflects "fair market value." Values change and the property value may have gone up or down since the purchase. This is especially true if a piece of real estate was purchased several years ago, or if a person happened to get a good buy because of a distress sale condition.

In addition, it should be noted the Fauquier County reassesses every 4 years. Beginning in 2026, we will move to a two (2) year reassessment cycle.  This means that if a property is purchased between assessments, the assessed value is the value determined at the time of the last reassessment, not at the time of the sale. In addition, if there is new construction done between assessments, the assessment of the new construction is based on the values determined in the last reassessment, not current values. This keeps assessments equitable throughout the County since everyone is assessed based on the same assessment year.

The Constitution of Virginia requires real estate assessments to represent fair market value. There is no provision to limit the amount of change from one reassessment cycle to the next.

A reassessment does not necessarily result in increased or decreased assessments for all properties as properties do not appreciate or depreciate at the same rate.  In a given cycle, there will be assessments that rise, fall, or stay the same, based on internal and external factors that influence property values such as location; appreciation; depreciation; new construction; remodeling; or rezoning.

Real estate property taxes are determined by applying the tax rates against each $100 of taxable assessed property value.  To know if taxes will go up or down, both the assessed property value and the tax rate must be known.

The Reassessment Office determines the fair market real estate value which goes into effect January 1, 2026.

Real estate taxes for the 2026 reassessment are not determined until the County Board of Supervisors sets the annual tax rate at the end of March/beginning of April in 2026. 

Tax rates in Fauquier County are expressed in dollars per one hundred dollars of taxable assessed value.  For example, if the total real estate tax rate was $0.967 cents per $100.00, this would result in a real estate tax of $2,417.50 on a property with a taxable assessed value of $250,000.

Note:  In the years between reassessments, the Office of the Commissioner of the Revenue maintains the assessment data.  Unless there is a change such as boundary adjustment, division of property, change in zoning, court orders, or new construction, these assessed values remain in effect for two years.  To maintain equity, changes occurring between reassessments are assessed using values determined by the last reassessment.

Refund policy:

Programs and Trips:

1. May receive a full refund less a $15 administrative fee if the request is made in writing 14 days, or more, prior to the start date of the program. 
2. May receive a 50% refund if the request is made 13-7 days prior to the start date of the program. 
3. No refund will be given if the request is made 6 days, or less, prior to the start date of the program.

Full-Day Summer Camps:

1. May receive a full refund less a $25 administrative fee per camper each week, if the request is made in writing 21 days, or more, prior to the start date of the program.
2. May receive a 50% refund if the request is made 20-7 days prior to the start date of the program.
3. No refund will be given if the request is made 6 days, or less, prior to the start date of the program.

All mail is sent to the current real estate owner of record. Mailing address information is managed by the Commission of the Revenue. To verify your mailing address, you can check www.actDataScout.com.  If the listed mailing address is not your current mailing address, see below for How do I correct my mailing address?

A:      Please Mail Documents to: 
                 Attn: Recording Department
                 Fauquier County Clerk of the Circuit Court
                 29 Ashby Street, 1st Floor
                 Warrenton, VA 20186

If you need to update your mailing address, you must contact the Commissioner of the Revenue. Changes will be reflected in actDataScout the day after the change is made. All data is verified before a change is made.

A:  For assistance with Circuit Court filing fees please visit: http://ccdeedcalc.courts.state.va.us/  

A: We accept payment in the form of Cash and Checks.  We do not accept credit card payments.

*We have very limited ability to provide change. Please make sure to review the fees for your document prior to submittal.  

A: Please make all checks payable to: Clerk of the Circuit Court of Fauquier County

A: Unfortunately, we cannot offer guidance regarding legal aspects of property transfers and the associated documents.  When preparing a legal document, we recommend seeking an attorney. The Virginia State Bar provides a lawyer referral service at 1-800-552-7977.

A: All documents submitted for recording are required to be either Originals or Certified True Copies. 

A: All recorded documents must be signed and appropriately notarized. Stamps should be clearly legible and reproducible. Most documents are required to have the signatures of all record owners of the involved properties. All signatures and notaries must be Originals or Certified True Copies.  

     Information about the requirements for Virginia Notaries can be found at:

     https://www.commonwealth.virginia.gov/official-documents/notary-commissions/

A: Our office does not actually keep the original deeds. We record them, scan a digital copy, and return them to the person indicated on the document. Normally this is the title company, the lender, or attorney who prepared the document.

A: Please first review the document provided to be recorded to verify that the information on the document matches the information indexed. All indexing is taken from the information on the documents provided as our office acts only as the recorder of land record documents.

• If you find that there is an error in the indexing based on the information provided on the document:

  Please contact our office at recording@fauquiercounty.gov. Please provide the Deed Book and Page Number of the document in question and the specific information requiring correction.

   

• If you feel that the information on the document provided is incorrect:

Unfortunately, we cannot offer guidance regarding legal aspects of property transfers and the associated documents. For all legal questions, we recommend seeking an attorney. The Virginia State Bar provides a lawyer referral service at 1-800-552-7977. You can also contact the preparer of the document or the title company. In the case of Deeds, the name of the preparer is required to be listed on the document.

A: Please contact the Commissioner of Revenue at 540-422-8140 if you need assistance with this information.

A: Documents will be returned to the address provided for this purpose approximately 1 week after they have been recorded. Please provide a self-addressed stamped envelope for return of your document.

A: Unfortunately, due to time constraints we do not review documents until they are submitted for recording.

A: Our office does not require coversheets.

A: All documents submitted for recording must be originals.

             We do not accept documents by e-mail.

A: Information regarding obtaining a copy of documents that have been recorded can be found at: https://www.fauquiercounty.gov/government/departments-a-g/circuit-court-clerk/records-room

A: For any additional questions please contact us at: recording@fauquiercounty.gov.

To qualify for a high mileage adjustment, all of the following criteria must be met:

• Only vehicles that are valued through the J.D. Power Official Used Car Guide are eligible (Note: motor homes, buses and large trucks are not in the Used Car Guide)
• Documentation must be third-party (e.g., state inspection receipt, service center repair receipt) dated on or before January 1st of the current tax year
• Mileage must meet the required minimum for the year model.  Refer to High Mileage guidelines.

It may be beneficial to document mileage annually until the vehicle mileage exceeds 250,000 based on the mileage table.