Recent Changes to the Virginia Recent Changes to the Virginia Agricultural and Forestal District Act Agricultural and Forestal District Act Agricultural and Forestal District Act Agricultural and Forestal District Act Kevin Schmidt Kevin Schmidt Coordinator, Office of Farmland Preservation Coordinator, Office of Farmland Preservation Virginia Department of Agriculture and Virginia Department of Agriculture and g g p p g g Consumer Services Consumer Services July 13, 2011 July 13, 2011
Office of Farmland Preservation Office of Farmland Preservation Office of Farmland Preservation Office of Farmland Preservation • Established in 2001 by General Assembly Established in 2001 by General Assembly • Officially opened in January 2007 Officially opened in January 2007 • Code of Virginia charges with five missions: Code of Virginia charges with five missions: – Establish and support local PDR programs Establish and support local PDR programs – Educate public about farmland preservation Educate public about farmland preservation – Help farmers with farmland preservation efforts Help farmers with farmland preservation efforts – Assist local governments with additional efforts Assist local governments with additional efforts Assist local governments with additional efforts Assist local governments with additional efforts – Administer Virginia Farm Link program Administer Virginia Farm Link program • Administers Virginia Century Farm Program (as of Administers Virginia Century Farm Program (as of October 2010) October 2010)
A Agricultural and Forestal Districts Agricultural and Forestal Districts A i i lt lt l l d F d F t l Di t i t t l Di t i t • Areas where landowners join together to encourage and Areas where landowners join together to encourage and Areas where landowners join together to encourage and Areas where landowners join together to encourage and protect agriculture protect agriculture • Criteria include the following: Criteria include the following: − Landowners must ask local governments to create Landowners must ask local governments to create − District must contain at least 200 acres District must contain at least 200 acres − Locality must establish an ag district advisory Locality must establish an ag district advisory committee committee committee committee − Applicants can propose district creation Applicants can propose district creation requirements requirements − Applicants suggest term for district from 4 Applicants suggest term for district from 4- -10 10 years years
A Agricultural and Forestal Districts Agricultural and Forestal Districts A i i lt lt l l d F d F t l Di t i t t l Di t i t • Landowner benefits include: Landowner benefits include: − Use value taxation (even if not approved in the locality) Use value taxation (even if not approved in the locality) U U l l t t ti ti ( ( if if t t d i d i th th l l lit ) lit ) − Local government cannot unreasonably restrict agriculture or Local government cannot unreasonably restrict agriculture or forestry in district, and must take districts into account in forestry in district, and must take districts into account in planning decisions planning decisions planning decisions planning decisions − State agencies shall encourage agricultural and forestal State agencies shall encourage agricultural and forestal districts, and regulations and procedures shall support this districts, and regulations and procedures shall support this − No special district may impose assessments or special tax No special district may impose assessments or special tax No special district may impose assessments or special tax No special district may impose assessments or special tax levies levies − Additional protection from eminent domain Additional protection from eminent domain − Localities may adopt other incentives as well Localities may adopt other incentives as well y y p p • Withdrawal limited to “good and reasonable cause” Withdrawal limited to “good and reasonable cause” − 338 districts in 30 localities covering 731,414 acres 338 districts in 30 localities covering 731,414 acres
Rural Enterprise Opportunity Task Force Rural Enterprise Opportunity Task Force Rural Enterprise Opportunity Task Force Rural Enterprise Opportunity Task Force • 2010 General Assembly directed the Center for Rural 2010 General Assembly directed the Center for Rural Virginia to create a “rural enterprise opportunity task Virginia to create a “rural enterprise opportunity task Virginia to create a rural enterprise opportunity task Virginia to create a rural enterprise opportunity task force” force” • Task Force held five meetings between June and T Task Force held five meetings between June and T k F k F h ld fi h ld fi ti ti b t b t J J d d October 2010, and final report was released in October 2010, and final report was released in November 2010 November 2010 • One of the three recommendations was that the Virginia One of the three recommendations was that the Virginia Agricultural and Forestal District Act should be Agricultural and Forestal District Act should be Agricultural and Forestal District Act should be Agricultural and Forestal District Act should be streamlined, and made less complex to implement and streamlined, and made less complex to implement and continue once in place continue once in place • Resulted in the passage of Chapter 344 of the 2011 Resulted in the passage of Chapter 344 of the 2011 Acts of the Assembly Acts of the Assembly
Chapter 344 (2011 Acts of the Chapter 344 (2011 Acts of the Chapter 344 (2011 Acts of the Chapter 344 (2011 Acts of the Assembly) Assembly) • Adds in definition of program administrator Adds in definition of program administrator Adds in definition of “program administrator” Adds in definition of “program administrator” • Provides options for allowable maps Provides options for allowable maps • Eliminates form as detailed in the Code of Virginia Eliminates form as detailed in the Code of Virginia • • Streamlines application process as required Streamlines application process as required Streamlines application process as required Streamlines application process as required • Allows for planning commission to serve as advisory committee Allows for planning commission to serve as advisory committee • Gives local governing body more flexibility in including additional Gives local governing body more flexibility in including additional land to an existing core land to an existing core • Clarifies that additional parcels can be added to existing districts at Clarifies that additional parcels can be added to existing districts at any time any time
Program Changes Program Changes • Adds in definition of “program administrator” Adds in definition of “program administrator” - Local governing body or local official appointed by the local Local governing body or local official appointed by the local governing body to administer the agricultural and forestal governing body to administer the agricultural and forestal districts program districts program • Provides options for allowable maps Provides options for allowable maps – Removes requirements for USGS 7.5 minute topo map Removes requirements for USGS 7.5 minute topo map – Allows “maps or aerial photographs, or both, prescribed by the Allows “maps or aerial photographs, or both, prescribed by the locality that” shows boundaries, “and any other features as locality that” shows boundaries, “and any other features as prescribed by the locality” prescribed by the locality” – Removes requirements for a VDOT general highway map for Removes requirements for a VDOT general highway map for Removes requirements for a VDOT general highway map for Removes requirements for a VDOT general highway map for the locality that shows the general location of the proposed the locality that shows the general location of the proposed district district • Eliminates sample form as detailed in the Code of Eliminates sample form as detailed in the Code of Virginia Virginia
St St Streamlines Review Process Streamlines Review Process li li R R i i P P • Program administrator refers applications to advisory Program administrator refers applications to advisory committee, which makes recommendation to planning committee, which makes recommendation to planning itt itt hi h hi h k k d ti d ti t t l l i i commission commission • Planning commission shall: Planning commission shall: – Notify adjacent property owners by first class mail Notify adjacent property owners by first class mail – – Hold a public hearing as prescribed in law Hold a public hearing as prescribed in law Hold a public hearing as prescribed in law Hold a public hearing as prescribed in law – Report recommendations to local governing body Report recommendations to local governing body • • Local government still has to hold a public meeting as Local government still has to hold a public meeting as Local government still has to hold a public meeting as Local government still has to hold a public meeting as required by law once it receives planning commission required by law once it receives planning commission recommendations recommendations • Similar process for requests for landowner withdrawal Similar process for requests for landowner withdrawal from a district from a district
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