Questions and Answers...

What is an Agricultural and Forestal District?
What is the legal basis for these Districts?
Why was it created?
How do I join a District?
Is acceptance into an Agricultural and Forestal District automatic once an application is submitted?
Do I have to be in an Agricultural and Forestal District in order to farm my land, have livestock, etc?
If I sell my property, do I need to advise the new owner that the property is in the District?
What restrictions are on my property in an Agricultural and Forestal District?
Does being in an Agricultural District reduce my taxes?
Do I need to be in an Agricultural and Forestal District to qualify for agricultural, horticultural, or forestry land use?
Besides ensuring deferred real estate taxes for those who meet Land Use eligibility requirements, what other benefits come   from being in an Agricultural and Forestal District?
What if I change my mind and want to withdraw from an Agricultural and Forestal District?

What is an Agricultural and Forestal District?
An Agricultural and Forestal District (AFD) is a voluntary aggregation 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 15.2, Chapter 43, Sections 15.2-4300 through 15.2-4314 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.

How do I join a District?
Any interested landowner can obtain an Application for the creation of or addition to an Agricultural and Forestal District from the Frederick County Department of Planning and Development. The Districts are renewed every five years; 2025 is the next renewal period.

Is acceptance into an Agricultural and Forestal District automatic once an application is submitted?
No. All applications are reviewed for eligibility. 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 Agricultural and Forestal District Act 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 Frederick County and involves the three meetings outlined above. Targeted adoption date for the District renewal period we're in today is September 2025.

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.

If I sell my property, do I need to advise the new owner that the property is in the District?
Yes. Agricultural and Forestal Districts encumber the land. Selling or transferring ownership does not remove the encumbrance. It is very important that the new owner understand they are bound to the same restrictions and will receive the same benefits of all property in the District. Many new buyers think they can subdivide and then learn they cannot due to restrictions imposed by inclusion in the District. They may incur expensive subdivision costs with no chance of completing the division until the District term expires.

What restrictions are on my property 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 parcel acreage 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. Approval of a withdrawal request is not guaranteed.

Does being in an Agricultural District reduce my taxes?
No. Frederick 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. Any status change to a parcel enrolled in the Land Use Assessment Program is subject to rollback taxes, penalties, and interest. Contact the Office of the Commissioner of the Revenue at 540-665-5680 for further information on the Land Use Program.

Do I need to be in an Agricultural and Forestal District 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 Commissioner of the Revenue at 540-665-5680.

Besides ensuring deferred real estate taxes for those who meet Land Use eligibility requirements, 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 if I change my mind and want to withdraw from an Agricultural and Forestal District?
Property owners may remove their land from an Ag District at the point at which the District is up for renewal. Between renewal periods, land may be removed from an Ag District based on death of a landowner or good and reasonable cause. Please contact the Department of Planning and Development for withdrawal inquiries at 540-665-5651.