AGENDA DATE: 12/7/2022
TITLE:
Title
Agricultural and Forestal Districts - Hatton AFD Addition
BODY
SUBJECT/PROPOSAL/REQUEST: Amend County Code Chapter 3, Agricultural and Forestal Districts, Article 2, Districts of Statewide Significance, to add land to the Hatton Agricultural and Forestal District
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Walker, Rosenberg, DeLoria, Filardo, Maliszewski, Rapp, Clark
PRESENTER (S): Scott Clark
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: Localities are enabled to establish Agricultural and Forestal Districts (AFDs) under the Agricultural and Forestal Districts Act (Virginia Code ? 15.2-4300 et seq.). AFDs serve two primary purposes: (1) to conserve and protect agricultural and forestal lands; and (2) to develop and improve agricultural and forestal lands. Land within an AFD is prohibited from being developed to a more intensive use, other than a use resulting in more intensive agricultural or forestal production, without prior Board approval. In addition, the County is prohibited from exercising its zoning power in a way that would unreasonably restrict or regulate farm structures or farming and forestry practices in contravention of the Agricultural and Forestal Districts Act, unless those restrictions or regulations bear a direct relationship to public health and safety (Virginia Code ? 15.2-4312).
The public hearing, as required by Virginia Code ? 15.2-4309, and the proposed ordinance pertain to a requested addition to an existing AFD.
Additions: A landowner may apply to add land to an AFD at any time (Virginia Code ? 15.2-4310). Virginia Code ?? 15.2-4307 and 15.2-4309 require the Agricultural and Forestal District Advisory Committee and the Planning Commission to review such applications and report their recommendations to the Board of Supervisors, which must hold a public hearing and, by ordinance, may add land to an existing district as applied for, or with any...
Click here for full text