AGENDA DATE: 11/18/2026
TITLE:
Title
Agricultural and Forestal Districts (AFDs): Periodic Review of the Glen Oaks and South Garden AFDs
BODY
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 pertaining to the periodic review of the Glen Oaks and South Garden AFDs
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Tevendale, Lynch, Svoboda, Barnes, Maliszewski, Clark
PRESENTER (S): Scott Clark
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 silvicultural products; provision of essential open spaces; strong agricultural and silvicultural 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, district parcels 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 certain restrictions on the use of land, 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, section 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. This policy is the reason for the discussion (see 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: Two 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. These 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 Glen Oaks District contains four 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 three parcels be removed. The Advisory Committee (5:2) recommends renewal of the district for a 5-year period without any parcels being removed. The majority disagreed with the County’s policy regarding removals, while the dissenting members supported renewal of the district with the recommended removals. The Planning Commission (6:0) recommends removal of the three above-noted parcels and renewal of the district for a 5-year period.
The South Garden District does not contain any parcels without small-lot development rights. The Agricultural and Forestal Districts Advisory Committee (7:0) and the Planning Commission (6:0) recommend renewal of the district for another 10-year period.
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 that the Board adopt the ordinance (Attachment A) to continue the Glen Oaks and South Garden AFDs.
ATTACHMENTS:
A - Proposed Ordinance
B - Final Action Letters
C - October 27, 2026 Draft PC Minutes
D - October 27, 2025 PC Staff Reports - Glen Oaks and South Garden District Reviews