AGENDA DATE: 12/3/2025
TITLE:
Agricultural and Forestal Districts (AFDs): Periodic Review of the Green Mountain, Nortonsville Local, and Batesville AFDs
SUBJECT/PROPOSAL/REQUEST: Adoption of an ordinance to amend County Code Chapter 3, Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, & Article III, Districts of Local Importance, Division 2, Districts, pertaining to the periodic review of the Green Mountain, Nortonsville Local, and Batesville AFDs
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Tevendale, Lynch, Filardo, Barnes, Maliszewski, Clark, Van Vranken
PRESENTER (S): James Van Vranken
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The Agricultural and Forestal Districts (AFD) program is a voluntary land conservation program in which landowners can limit the development potential of their land to help protect the rural landscape. The program is structured to protect the following public interests: production of food and other agricultural and forestal products; provision of essential open spaces; strong agricultural and forestal economies; and protection and preservation of natural resources and retention of continuous and unfragmented land. The County currently has 27 districts across the Rural Area.
While there are several limitations to uses within the districts, the restrictions on subdivisions are the most notable. In Albemarle County, parcels within AFDs may not use “development rights” to subdivide off lots smaller than 21 acres (except in the case of land transfers to immediate family members). Subdivision of district properties into 21-acre or larger parcels is not restricted by the AFD ordinance.
While the districts impose development limitations , they do not confer any automatic tax benefits. Parcels in the districts are taxed in a variety of categories and include many properties that are taxed at the full fair-market value.
During the 2016 update of Chapter 3 of the County Code, which establishes and regulates the AFDs, -§ 3-201(F)(7) was added. This section states that “…the policy of the County is to not include any parcel determined to have no development rights and [that] cannot be further divided to create one or more parcels less than 21 acres in size.” While the District regulations have little or no conservation impact on such parcels, those parcels can still qualify for the “open space” tax category. This confers a private tax benefit with no corresponding benefit of restricting the usage of development rights. In reviewing a District, the Board “shall reasonably consider the recommendations of the Advisory Committee and the Planning Commission, the criteria in County Code § 3-201(F)(2), (3), (4), (5), and (7), and any other relevant factors when it reviews a district. This policy is the reason for the discussion below of removing parcels from some specific districts.
STRATEGIC PLAN: Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds.
DISCUSSION: Three districts are included in the current round of reviews. The renewal of these districts would be accomplished through adoption of the proposed ordinance amendments included in Attachment A.
Pursuant to the review criteria established in Chapter 3 of the County Code, the proposed ordinance would remove all parcels without small-lot development rights from the AFDs under review, except for those currently enrolled in Open Space use valuation. Those open-space parcels are recommended for five-year renewals, rather than immediate removal, to comply with the Board’s 2018 direction. Five-year renewals allow landowners to change their properties’ tax categories before removal and avoid immediate roll-back taxation. The immediate removal of parcels not currently enrolled in Open Space taxation would not affect their taxes.
The Green Mountain District does not contain any parcels without small-lot development rights. The Agricultural and Forestal Districts Advisory Committee (7:0) and the Planning Commission (7:0) recommend renewal of the district for another 10-year period.
The Nortonsville Local District contains one parcel without small-lot development rights. The Advisory Committee (5:2) and the Planning Commission (7:0) recommend removal of this parcel and renewal of the district for another 8-year period.
The Batesville District contains 18 parcels without small-lot development rights. One parcel is in Open Space, and staff recommends that it remain in the district for a 5-year notice period; staff recommends that the other 17 parcels be removed. The Advisory Committee (5:2) recommends renewal of the district for a 5-year period without any parcels being removed. The Planning Commission (7:0) recommends removal of the 17 above-noted parcels and renewal of the district for a 5-year period.
As part of its ongoing discussion of district review policy, the Advisory Committee voted at its October 13, 2025 meeting to recommend that the County amend Chapter 3 of the County Code. The Committee’s proposed amendment (Attachment B) would change the district review criteria for districts in § 3-201 (F)(7) of the County Code to specify that parcels already in a district that have no development rights should remain in the districts, subject to other eligibility criteria. Districts and parcels will continue to be evaluated against the existing ordinance until the Board directs a review or amendment of that ordinance.
BUDGET IMPACT: The renewal of AFDs has no budget impact. The removal of parcels will have a small impact on revenue reductions by reducing the number of parcels eligible for use-value taxation.
RECOMMENDATION:
Recommendation
Staff recommends the Board adopt the amended ordinance (Attachment A) to continue the Green Mountain, Nortonsville Local, and Batesville AFDs.
ATTACHMENTS:
A - Proposed Ordinance
B - AFD Advisory Committee’s Recommended Code Amendment
C - October 14, 2025 PC Staff Reports - Green Mountain, Nortonsville Local, and Batesville District Reviews
D - Final Action Letters
E - October 14, 2025 PC Minutes