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What is an Agricultural and Forestal District?
An Agricultural and Forestal District (AFD) is a distinct segment of land holdings that totals at least 200 acres in one parcel or several contiguous parcels that will be used as rural conservation zones reserved for the production of agricultural products, timber, and the maintenance of open space land as important economic and environmental resource.
What is the legal basis for these Districts?
The Agricultural and Forestal District program is a result of the Agricultural and Forestal Districts Act of 1977 (AFDA). It is found in Title 15.1, Chapter 36, Sections 15.1-1506 through 15.1-1513 of the Code of Virginia.
Why was it created?
The General Assembly created the Act to encourage local governments and landowners to unite in protecting and enhancing agricultural and forestal land as environmental and economic resources.
Besides ensuring deferred real estate taxes for those who meet land use eligibility requirements (explained on reverse side), what other benefits come from being in an Agricultural and Forestal District?
Additional benefits of being enrolled in an Agricultural and Forestal District include: Protection against local laws unreasonably restricting or prohibiting farm structures and farming practices during the term of the district; and Protection against eminent domain, such as for roadways, where a public review process is required if a minimum of 10 acres is to be taken from a District, or one acre from one parcel in a District. In addition, should the County ever rescind its Land Use Assessment Program, those enrolled in an AFD would be eligible for Land Use under the State’s program, provided land eligibility requirements are met.
What are the restrictions involved with being in an Agricultural and Forestal District?
The Agricultural and Forestal District Program is a voluntary program that landowners join, agreeing not to develop their land for the term of the District. If you are considering subdividing your land (including clustered development), or are considering a boundary line adjustment that would result in a parcel below the subdivision minimum of the district, you are advised not to join a District until after your subdivision or adjustment has been recorded. If your property is in a District now please check the minimum lot size allowed for a subdivision. Those landowners seeking to subdivide or move a boundary line which will result in parcels below the minimum acreage must file an official request to withdraw from the District.
How do I initiate the process?
Any interested landowner can obtain an Application for the creation of or addition to an Agricultural and Forestal District from the Department of Economic Development. The completed application and land conservation/forest management plan should be submitted to the Department of Economic Development.
Is acceptance into an Agricultural and Forestal District automatic once an application is submitted?
No. All applications are reviewed for eligibility. In order to be eligible, a parcel must be within 1 mile of a 200-acre “Core” of a District, or immediately adjacent to a parcel in the District. The applications are then reviewed by the Agricultural District Advisory Committee (ADAC) in accordance with criteria listed in the State Code (15.2-4306). The ADAC gives its recommendation to the Planning Commission. After holding a public hearing on the application, the Planning Commission forwards its recommendation to the Board of Supervisors. The Board of Supervisors holds a final public hearing, and makes the decision to accept or deny the application. The AFDA specifies that the process from the completed landowner application to the final decision must not exceed 180 days. The process typically takes about 90 days in Loudoun County and involves the three meetings outlined above.
Do I have to be in an Agricultural and Forestal District in order to farm my land, have livestock, etc?
No. The Zoning Ordinance governs the uses of your property. Enrollment in an Agricultural and Forestal District provides some additional right-to-farm protections beyond what the Zoning may permit.
Does being in an Agricultural District reduce my taxes?
No. Loudoun County has a Land Use Assessment Program that provides for the deferral of real estate taxes on properties that qualify for agricultural, horticultural, forestry or open space uses. Contact the Office of the Assessor at 703-777-0290 for further information on the Land Use Program.
Do I need to be in an Agricultural and Forestal District in order to qualify for agricultural, horticultural, or forestry land use?
No. The Land Use Assessment Program is a separate program from the Agricultural and Forestal District Program. A landowner must apply for the Land Use Assessment Program and must meet certain qualifying criteria that can be explained by the Office of the Assessor (703-777-0290).
What is the relationship between the Agricultural and Forestal District Program and Open Space Classification of Land Use?
Open Space Land Use requires a minimum of 5 acres and enrollment in an Agricultural and Forestal District. In order to qualify for Open Space Land Use, the landowner must first be enrolled in the Agricultural & Forestal District Program (Department of Economic Development). After enrollment is approved, it is the landowner’s responsibility to contact the Office of the Assessor to complete the application for Open Space Land Use.
Will continuation in an Agricultural and Forestal District affect my Land Use eligibility?
Continued participation in an Agricultural and Forestal District only affects landowners who are eligible for Open Space Land Use. If you qualify for land use under agricultural, horticulture, or forestry, your deferred real estate tax is independent of your enrollment in an AFD. However, should the County ever rescind its Land Use Assessment Program, only those enrolled in an AFD would be eligible for Land Use under the State’s program, provided land eligibility requirements are met.
If I sell my property do I need to advise the new owner that the property is in the district?
Agricultural and Forestal Districts encumber the land. The new owner is bound to the same restrictions and gets the same benefits. It is very important that the new owner understands the limitations on property in a District. Many new buyers think they can subdivide and then learn they cannot. Often, they face expensive subdivision costs with no chance of completing the division until the District term expires.
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