{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-4405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-4405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-4405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-4405.html"}],"law_id":61691,"edition_id":1,"section_id":61691,"structure_id":15369,"section_number":"15.2-4405","catch_line":"Creation of districts of local significance","history":"1982, c. 374, \u00a7 15.1-1513.6; 1994, c. 431; 1997, c. 587; 2010, c. 653; 2024, cc. 225, 242.","full_text":"A\n\nA participating locality shall have the authority to create agricultural, forestal, or agricultural and forestal districts of local significance by the adoption of a general ordinance establishing a local districts program according to the provisions of this chapter.B\n\nIn participating localities where such an ordinance has been adopted by the local governing body, any owner or owners of land may submit an application pursuant to &#xA7; 15.2-4403 to the locality for the creation of an agricultural, forestal, or an agricultural and forestal district of local significance within such locality. Each individual district of local significance shall have a core of no less than the minimum acreage specified in the general ordinance, which minimum acreage in no case shall be less than 20 acres in one parcel or contiguous parcels, provided that (i) any noncontiguous parcel that is not part of the core may be included in a district of local significance if the nearest boundary of such noncontiguous parcel is within one-quarter of a mile of the core and (ii) such noncontiguous parcel had previously been included in a district of local significance. No owner of land shall be included in any agricultural, forestal, or agricultural and forestal district of local significance without the owner&#8217;s written approval. A separate application may be made by any owner or owners of land for additional contiguous qualifying lands, or noncontiguous lands that meet the conditions of clauses (i) and (ii), to be included in an already created district at any time following such creation.C\n\nUpon receipt of a proposal for a district of local significance, the local governing body shall refer the proposal to the planning commission which shall:1\n\nProvide notice of the proposal by publishing a notice in a newspaper having general circulation within the proposed district and by posting such notice in three conspicuous places within the jurisdiction in which the proposed district is located. The notice shall state that an application for an agricultural, forestal, or agricultural and forestal district of local significance has been submitted to the local governing body, that a copy of the application is on file open to public inspection in the office of the clerk, that any proposals for modifications of the district shall be filed within 30 days, that any owner included in the proposal may withdraw his land, in whole or in part, at any time until the local governing body makes a final decision as to the constitution of the district pursuant to subsection D, and that hearing dates of the planning commission and local governing body shall be published and posted within 30 days.2\n\nRefer such proposal and modifications to the advisory committee.D\n\nWithin one year of the date of filing of the application for such original proposal, the proposal: shall be reviewed by (i) the advisory committee, which shall report to the local planning commission its recommendations concerning the proposal and proposed modifications; (ii) the planning commission, which, after receiving the report of the advisory committee, shall hold a public hearing as prescribed in subsection E, and shall report its recommendations concerning the proposal and proposed modifications to the local governing body; and (iii) the local governing body, which, after receiving the report of the local planning commission and the advisory committee, shall hold a public hearing as prescribed below, and may create the district or any modification of the district by the adoption of a district ordinance as described in subsection E, or reject the creation of a district as it deems appropriate. All districts shall meet the minimum requirements set forth in the participating locality&#8217;s general ordinance for the creation of districts of local significance.E\n\nPublic hearings required to be held by the planning commission and local governing body shall be conducted in the following manner:1\n\nThe hearing as prescribed by law shall be held where the local governing body usually meets or at a place otherwise readily accessible to the proposed district;2\n\nThe notice of the public hearing as prescribed by law shall contain a description of the proposed district, any proposed modifications and any recommendations of the local planning commission or the advisory committee; and3\n\nThe notice shall be published twice in a newspaper having a general circulation within the proposed district, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the hearing. Such notice shall be given in writing complete with proposed modifications to those municipalities whose territory encompasses or is part of the proposed district.F\n\nThe general ordinance establishing the program to create agricultural, forestal, or agricultural and forestal districts of local significance shall state the criteria which shall be considered by the advisory committee and the local planning commission in advising the local governing body and by the local governing body in making its decision on whether or not to create a district. These criteria shall be based on and consistent with the following factors:1\n\nThe agricultural and forestal significance within the proposed district and in areas adjacent thereto;2\n\nThe presence of any significant agricultural lands or significant forestal lands within the proposed district and adjacent thereto that are not now in active farming or production;3\n\nThe nature and extent of land uses other than active farming or forestry within the proposed district and adjacent thereto;4\n\nLocal developmental patterns and needs including zoning and the comprehensive plan;5\n\nThe scenic and historic features of land uses within the proposed district and adjacent thereto;6\n\nThe environmental benefits of preserving the lands in the district in their existing use; and7\n\nAny other matter which may be relevant.\n\t\t\t\tIn judging significance, any relevant agricultural and forest maps may be considered as well as soil, climate, topography, quality of tree cover, other natural factors, markets for farm and forest products, the extent and nature of farm and forest improvements, evidence of commitment to long-term farm and forest use, anticipated trends in agricultural and forest economic conditions and technology, and such other factors as may be relevant. Criteria for judging the significance of lands in local agricultural and forestal districts to be created pursuant to this chapter may differ from those for judging the significance of lands in statewide districts to be created pursuant to Chapter 43 (&#xA7; 15.2-4300 et seq.).","order_by":null,"text":{"0":{"id":225258,"text":"A participating locality shall have the authority to create agricultural, forestal, or agricultural and forestal districts of local significance by the adoption of a general ordinance establishing a local districts program according to the provisions of this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225259,"text":"In participating localities where such an ordinance has been adopted by the local governing body, any owner or owners of land may submit an application pursuant to &#xA7; 15.2-4403 to the locality for the creation of an agricultural, forestal, or an agricultural and forestal district of local significance within such locality. Each individual district of local significance shall have a core of no less than the minimum acreage specified in the general ordinance, which minimum acreage in no case shall be less than 20 acres in one parcel or contiguous parcels, provided that (i) any noncontiguous parcel that is not part of the core may be included in a district of local significance if the nearest boundary of such noncontiguous parcel is within one-quarter of a mile of the core and (ii) such noncontiguous parcel had previously been included in a district of local significance. No owner of land shall be included in any agricultural, forestal, or agricultural and forestal district of local significance without the owner&#8217;s written approval. A separate application may be made by any owner or owners of land for additional contiguous qualifying lands, or noncontiguous lands that meet the conditions of clauses (i) and (ii), to be included in an already created district at any time following such creation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225260,"text":"Upon receipt of a proposal for a district of local significance, the local governing body shall refer the proposal to the planning commission which shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":225261,"text":"Provide notice of the proposal by publishing a notice in a newspaper having general circulation within the proposed district and by posting such notice in three conspicuous places within the jurisdiction in which the proposed district is located. The notice shall state that an application for an agricultural, forestal, or agricultural and forestal district of local significance has been submitted to the local governing body, that a copy of the application is on file open to public inspection in the office of the clerk, that any proposals for modifications of the district shall be filed within 30 days, that any owner included in the proposal may withdraw his land, in whole or in part, at any time until the local governing body makes a final decision as to the constitution of the district pursuant to subsection D, and that hearing dates of the planning commission and local governing body shall be published and posted within 30 days.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":225262,"text":"Refer such proposal and modifications to the advisory committee.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":225263,"text":"Within one year of the date of filing of the application for such original proposal, the proposal: shall be reviewed by (i) the advisory committee, which shall report to the local planning commission its recommendations concerning the proposal and proposed modifications; (ii) the planning commission, which, after receiving the report of the advisory committee, shall hold a public hearing as prescribed in subsection E, and shall report its recommendations concerning the proposal and proposed modifications to the local governing body; and (iii) the local governing body, which, after receiving the report of the local planning commission and the advisory committee, shall hold a public hearing as prescribed below, and may create the district or any modification of the district by the adoption of a district ordinance as described in subsection E, or reject the creation of a district as it deems appropriate. All districts shall meet the minimum requirements set forth in the participating locality&#8217;s general ordinance for the creation of districts of local significance.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":225264,"text":"Public hearings required to be held by the planning commission and local governing body shall be conducted in the following manner:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":225265,"text":"The hearing as prescribed by law shall be held where the local governing body usually meets or at a place otherwise readily accessible to the proposed district;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":225266,"text":"The notice of the public hearing as prescribed by law shall contain a description of the proposed district, any proposed modifications and any recommendations of the local planning commission or the advisory committee; and","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":225267,"text":"The notice shall be published twice in a newspaper having a general circulation within the proposed district, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the hearing. Such notice shall be given in writing complete with proposed modifications to those municipalities whose territory encompasses or is part of the proposed district.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"10":{"id":225268,"text":"The general ordinance establishing the program to create agricultural, forestal, or agricultural and forestal districts of local significance shall state the criteria which shall be considered by the advisory committee and the local planning commission in advising the local governing body and by the local governing body in making its decision on whether or not to create a district. These criteria shall be based on and consistent with the following factors:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"F1"},"11":{"id":225269,"text":"The agricultural and forestal significance within the proposed district and in areas adjacent thereto;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"12":{"id":225270,"text":"The presence of any significant agricultural lands or significant forestal lands within the proposed district and adjacent thereto that are not now in active farming or production;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"13":{"id":225271,"text":"The nature and extent of land uses other than active farming or forestry within the proposed district and adjacent thereto;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"14":{"id":225272,"text":"Local developmental patterns and needs including zoning and the comprehensive plan;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"15":{"id":225273,"text":"The scenic and historic features of land uses within the proposed district and adjacent thereto;","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"16":{"id":225274,"text":"The environmental benefits of preserving the lands in the district in their existing use; and","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"17":{"id":225275,"text":"Any other matter which may be relevant.\n\t\t\t\tIn judging significance, any relevant agricultural and forest maps may be considered as well as soil, climate, topography, quality of tree cover, other natural factors, markets for farm and forest products, the extent and nature of farm and forest improvements, evidence of commitment to long-term farm and forest use, anticipated trends in agricultural and forest economic conditions and technology, and such other factors as may be relevant. Criteria for judging the significance of lands in local agricultural and forestal districts to be created pursuant to this chapter may differ from those for judging the significance of lands in statewide districts to be created pursuant to Chapter 43 (&#xA7; 15.2-4300 et seq.).","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6"}},"ancestry":[{"id":15369,"edition_id":1,"name":"Local Agricultural and Forestal Districts Act","identifier":"44","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:54:23","date_modified":"2026-06-26 03:54:23","permalink":{"id":158059,"object_type":"structure","relational_id":15369,"identifier":"44","token":"15.2\/IV\/44","url":"\/15.2\/IV\/44\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59556,"structure_id":15369,"section_number":"15.2-4400","catch_line":"Short title","url":"\/15.2-4400\/","token":"15.2\/IV\/44\/15.2-4400","metadata":false},{"id":86184,"structure_id":15369,"section_number":"15.2-4401","catch_line":"Declaration of policy findings and purpose","url":"\/15.2-4401\/","token":"15.2\/IV\/44\/15.2-4401","metadata":false},{"id":77287,"structure_id":15369,"section_number":"15.2-4402","catch_line":"Definitions","url":"\/15.2-4402\/","token":"15.2\/IV\/44\/15.2-4402","metadata":false},{"id":58527,"structure_id":15369,"section_number":"15.2-4403","catch_line":"Power of participating localities to enact ordinances; application form and fees","url":"\/15.2-4403\/","token":"15.2\/IV\/44\/15.2-4403","metadata":false},{"id":72483,"structure_id":15369,"section_number":"15.2-4404","catch_line":"Agricultural and forestal districts advisory committee","url":"\/15.2-4404\/","token":"15.2\/IV\/44\/15.2-4404","metadata":false},{"id":61691,"structure_id":15369,"section_number":"15.2-4405","catch_line":"Creation of districts of local significance","url":"\/15.2-4405\/","token":"15.2\/IV\/44\/15.2-4405","metadata":false},{"id":64047,"structure_id":15369,"section_number":"15.2-4406","catch_line":"Provisions of district ordinances for districts of local significance","url":"\/15.2-4406\/","token":"15.2\/IV\/44\/15.2-4406","metadata":false},{"id":65311,"structure_id":15369,"section_number":"15.2-4407","catch_line":"Withdrawal of land from district of local significance","url":"\/15.2-4407\/","token":"15.2\/IV\/44\/15.2-4407","metadata":false}],"previous_section":{"id":72483,"structure_id":15369,"section_number":"15.2-4404","catch_line":"Agricultural and forestal districts advisory committee","url":"\/15.2-4404\/","token":"15.2\/IV\/44\/15.2-4404","metadata":false},"next_section":{"id":64047,"structure_id":15369,"section_number":"15.2-4406","catch_line":"Provisions of district ordinances for districts of local significance","url":"\/15.2-4406\/","token":"15.2\/IV\/44\/15.2-4406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-4405\/","history_text":"<p>This law was first created in 1982. The record of its establishment is cataloged in chapter 374 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0431\">431<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0653\">653<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0225\">225<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0242\">242<\/a>.<\/p>","references":[{"id":65311,"section_number":"15.2-4407","catch_line":"Withdrawal of land from district of local significance","order_by":null,"url":"\/15.2-4407\/"},{"id":69314,"section_number":"58.1-3233","catch_line":"Determinations to be made by local officers before assessment of real estate under ordinance","order_by":null,"url":"\/58.1-3233\/"}],"refers_to":[{"id":83266,"section_number":"15.2-4300","catch_line":"Short title","order_by":null,"url":"\/15.2-4300\/"},{"id":58527,"section_number":"15.2-4403","catch_line":"Power of participating localities to enact ordinances; application form and fees","order_by":null,"url":"\/15.2-4403\/"}],"permalink":{"id":158081,"object_type":"law","relational_id":61691,"identifier":"15.2-4405","token":"15.2\/IV\/44\/15.2-4405","url":"\/15.2-4405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-4405\/","token":"15.2\/IV\/44\/15.2-4405","dublin_core":{"Title":"Creation of districts of local significance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-4405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">participating locality<\/span> shall have the authority to create agricultural, forestal, or agricultural and forestal districts of local significance by the adoption of a general <span class=\"dictionary\">ordinance<\/span> establishing a local districts program according to the provisions of this chapter. <a id=\"paragraph-225258\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In participating localities where such an <span class=\"dictionary\">ordinance<\/span> has been adopted by the local <span class=\"dictionary\">governing body<\/span>, any owner or owners of land may submit an application pursuant to &#xA7; <a class=\"law\" title=\"Power of participating localities to enact ordinances; application form and fees\" href=\"\/15.2-4403\/\">15.2-4403<\/a> to the locality for the creation of an agricultural, forestal, or an agricultural and forestal district of local significance within such locality. Each individual district of local significance shall have a core of no less than the minimum acreage specified in the general <span class=\"dictionary\">ordinance<\/span>, which minimum acreage in no case shall be less than 20 acres in one parcel or contiguous parcels, provided that (i) any noncontiguous parcel that is not part of the core may be included in a district of local significance if the nearest boundary of such noncontiguous parcel is within one-quarter of a mile of the core and (ii) such noncontiguous parcel had previously been included in a district of local significance. No <span class=\"dictionary\">owner of land<\/span> shall be included in any agricultural, forestal, or agricultural and forestal district of local significance without the owner&#8217;s written approval. A separate application may be made by any owner or owners of land for additional contiguous qualifying lands, or noncontiguous lands that meet the conditions of clauses (i) and (ii), to be included in an already created district at any time following such creation. <a id=\"paragraph-225259\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Upon receipt of a proposal for a district of local significance, the local <span class=\"dictionary\">governing body<\/span> shall refer the proposal to the planning commission which shall: <a id=\"paragraph-225260\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Provide notice of the proposal by publishing a notice in a newspaper having general circulation within the proposed district and by posting such notice in three conspicuous places within the <span class=\"dictionary\">jurisdiction<\/span> in which the proposed district is located. The notice shall state that an application for an agricultural, forestal, or agricultural and forestal district of local significance has been submitted to the local <span class=\"dictionary\">governing body<\/span>, that a copy of the application is on file open to public inspection in the office of the <span class=\"dictionary\">clerk<\/span>, that any proposals for modifications of the district shall be filed within 30 days, that any owner included in the proposal may withdraw his land, in whole or in part, at any time until the local <span class=\"dictionary\">governing body<\/span> makes a final decision as to the constitution of the district pursuant to subsection D, and that <span class=\"dictionary\">hearing<\/span> dates of the planning commission and local <span class=\"dictionary\">governing body<\/span> shall be published and posted within 30 days. <a id=\"paragraph-225261\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Refer such proposal and modifications to the <span class=\"dictionary\">advisory committee<\/span>. <a id=\"paragraph-225262\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Within one year of the date of filing of the application for such original proposal, the proposal: shall be reviewed by (i) the <span class=\"dictionary\">advisory committee<\/span>, which shall report to the local planning commission its recommendations concerning the proposal and proposed modifications; (ii) the planning commission, which, after receiving the report of the <span class=\"dictionary\">advisory committee<\/span>, shall hold a public <span class=\"dictionary\">hearing<\/span> as prescribed in subsection E, and shall report its recommendations concerning the proposal and proposed modifications to the local <span class=\"dictionary\">governing body<\/span>; and (iii) the local <span class=\"dictionary\">governing body<\/span>, which, after receiving the report of the local planning commission and the <span class=\"dictionary\">advisory committee<\/span>, shall hold a public <span class=\"dictionary\">hearing<\/span> as prescribed below, and may create the district or any modification of the district by the adoption of a district <span class=\"dictionary\">ordinance<\/span> as described in subsection E, or reject the creation of a district as it deems appropriate. All districts shall meet the minimum requirements set forth in the <span class=\"dictionary\">participating locality<\/span>&#8217;s general <span class=\"dictionary\">ordinance<\/span> for the creation of districts of local significance. <a id=\"paragraph-225263\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Public <span class=\"dictionary\">hearings<\/span> required to be held by the planning commission and local <span class=\"dictionary\">governing body<\/span> shall be conducted in the following manner: <a id=\"paragraph-225264\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">hearing<\/span> as prescribed by <span class=\"dictionary\">law<\/span> shall be held where the local <span class=\"dictionary\">governing body<\/span> usually meets or at a place otherwise readily accessible to the proposed district; <a id=\"paragraph-225265\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The notice of the public <span class=\"dictionary\">hearing<\/span> as prescribed by <span class=\"dictionary\">law<\/span> shall contain a description of the proposed district, any proposed modifications and any recommendations of the local planning commission or the <span class=\"dictionary\">advisory committee<\/span>; and <a id=\"paragraph-225266\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The notice shall be published twice in a newspaper having a general circulation within the proposed district, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the <span class=\"dictionary\">hearing<\/span>. Such notice shall be given in writing complete with proposed modifications to those municipalities whose territory encompasses or is part of the proposed district. <a id=\"paragraph-225267\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The general <span class=\"dictionary\">ordinance<\/span> establishing the program to create agricultural, forestal, or agricultural and forestal districts of local significance shall state the criteria which shall be considered by the <span class=\"dictionary\">advisory committee<\/span> and the local planning commission in advising the local <span class=\"dictionary\">governing body<\/span> and by the local <span class=\"dictionary\">governing body<\/span> in making its decision on whether or not to create a district. These criteria shall be based on and consistent with the following factors: <a id=\"paragraph-225268\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The agricultural and forestal significance within the proposed district and in areas adjacent thereto; <a id=\"paragraph-225269\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The presence of any significant agricultural lands or significant forestal lands within the proposed district and adjacent thereto that are not now in active farming or production; <a id=\"paragraph-225270\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The nature and extent of land uses other than active farming or forestry within the proposed district and adjacent thereto; <a id=\"paragraph-225271\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Local developmental patterns and needs including zoning and the comprehensive plan; <a id=\"paragraph-225272\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The scenic and historic features of land uses within the proposed district and adjacent thereto; <a id=\"paragraph-225273\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The environmental benefits of preserving the lands in the district in their existing use; and <a id=\"paragraph-225274\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Any other matter which may be relevant.\n\t\t\t\tIn judging significance, any relevant agricultural and forest maps may be considered as well as soil, climate, topography, quality of tree cover, other natural factors, markets for farm and forest products, the extent and nature of farm and forest improvements, <span class=\"dictionary\">evidence<\/span> of commitment to long-term farm and forest use, anticipated trends in agricultural and forest economic conditions and technology, and such other factors as may be relevant. Criteria for judging the significance of lands in local agricultural and forestal districts to be created pursuant to this chapter may differ from those for judging the significance of lands in statewide districts to be created pursuant to Chapter 43 (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/15.2-4300\/\">15.2-4300<\/a> et seq.). <a id=\"paragraph-225275\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4405\/#F7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCREATION OF DISTRICTS OF LOCAL SIGNIFICANCE (\u00a7 15.2-4405)\n\nA. A participating locality shall have the authority to create agricultural,\nforestal, or agricultural and forestal districts of local significance by the\nadoption of a general ordinance establishing a local districts program according\nto the provisions of this chapter.\n\nB. In participating localities where such an ordinance has been adopted by the\nlocal governing body, any owner or owners of land may submit an application\npursuant to &#xA7; 15.2-4403 to the locality for the creation of an\nagricultural, forestal, or an agricultural and forestal district of local\nsignificance within such locality. Each individual district of local\nsignificance shall have a core of no less than the minimum acreage specified in\nthe general ordinance, which minimum acreage in no case shall be less than 20\nacres in one parcel or contiguous parcels, provided that (i) any noncontiguous\nparcel that is not part of the core may be included in a district of local\nsignificance if the nearest boundary of such noncontiguous parcel is within\none-quarter of a mile of the core and (ii) such noncontiguous parcel had\npreviously been included in a district of local significance. No owner of land\nshall be included in any agricultural, forestal, or agricultural and forestal\ndistrict of local significance without the owner&#8217;s written approval. A\nseparate application may be made by any owner or owners of land for additional\ncontiguous qualifying lands, or noncontiguous lands that meet the conditions of\nclauses (i) and (ii), to be included in an already created district at any time\nfollowing such creation.\n\nC. Upon receipt of a proposal for a district of local significance, the local\ngoverning body shall refer the proposal to the planning commission which shall:\n\n   1. Provide notice of the proposal by publishing a notice in a newspaper having\n   general circulation within the proposed district and by posting such notice in\n   three conspicuous places within the jurisdiction in which the proposed\n   district is located. The notice shall state that an application for an\n   agricultural, forestal, or agricultural and forestal district of local\n   significance has been submitted to the local governing body, that a copy of\n   the application is on file open to public inspection in the office of the\n   clerk, that any proposals for modifications of the district shall be filed\n   within 30 days, that any owner included in the proposal may withdraw his land,\n   in whole or in part, at any time until the local governing body makes a final\n   decision as to the constitution of the district pursuant to subsection D, and\n   that hearing dates of the planning commission and local governing body shall\n   be published and posted within 30 days.\n\n   2. Refer such proposal and modifications to the advisory committee.\n\nD. Within one year of the date of filing of the application for such original\nproposal, the proposal: shall be reviewed by (i) the advisory committee, which\nshall report to the local planning commission its recommendations concerning the\nproposal and proposed modifications; (ii) the planning commission, which, after\nreceiving the report of the advisory committee, shall hold a public hearing as\nprescribed in subsection E, and shall report its recommendations concerning the\nproposal and proposed modifications to the local governing body; and (iii) the\nlocal governing body, which, after receiving the report of the local planning\ncommission and the advisory committee, shall hold a public hearing as prescribed\nbelow, and may create the district or any modification of the district by the\nadoption of a district ordinance as described in subsection E, or reject the\ncreation of a district as it deems appropriate. All districts shall meet the\nminimum requirements set forth in the participating locality&#8217;s general\nordinance for the creation of districts of local significance.\n\nE. Public hearings required to be held by the planning commission and local\ngoverning body shall be conducted in the following manner:\n\n   1. The hearing as prescribed by law shall be held where the local governing\n   body usually meets or at a place otherwise readily accessible to the proposed\n   district;\n\n   2. The notice of the public hearing as prescribed by law shall contain a\n   description of the proposed district, any proposed modifications and any\n   recommendations of the local planning commission or the advisory committee;\n   and\n\n   3. The notice shall be published twice in a newspaper having a general\n   circulation within the proposed district, with the first notice appearing no\n   more than 28 days before and the second notice appearing no less than seven\n   days before the hearing. Such notice shall be given in writing complete with\n   proposed modifications to those municipalities whose territory encompasses or\n   is part of the proposed district.\n\nF. The general ordinance establishing the program to create agricultural,\nforestal, or agricultural and forestal districts of local significance shall\nstate the criteria which shall be considered by the advisory committee and the\nlocal planning commission in advising the local governing body and by the local\ngoverning body in making its decision on whether or not to create a district.\nThese criteria shall be based on and consistent with the following factors:\n\n   1. The agricultural and forestal significance within the proposed district and\n   in areas adjacent thereto;\n\n   2. The presence of any significant agricultural lands or significant forestal\n   lands within the proposed district and adjacent thereto that are not now in\n   active farming or production;\n\n   3. The nature and extent of land uses other than active farming or forestry\n   within the proposed district and adjacent thereto;\n\n   4. Local developmental patterns and needs including zoning and the\n   comprehensive plan;\n\n   5. The scenic and historic features of land uses within the proposed district\n   and adjacent thereto;\n\n   6. The environmental benefits of preserving the lands in the district in their\n   existing use; and\n\n   7. Any other matter which may be relevant.\n   \t\t\t\tIn judging significance, any relevant agricultural and forest maps may be\n   considered as well as soil, climate, topography, quality of tree cover, other\n   natural factors, markets for farm and forest products, the extent and nature\n   of farm and forest improvements, evidence of commitment to long-term farm and\n   forest use, anticipated trends in agricultural and forest economic conditions\n   and technology, and such other factors as may be relevant. Criteria for\n   judging the significance of lands in local agricultural and forestal districts\n   to be created pursuant to this chapter may differ from those for judging the\n   significance of lands in statewide districts to be created pursuant to Chapter\n   43 (&#xA7; 15.2-4300 et seq.).\n\nHISTORY: 1982, c. 374, \u00a7 15.1-1513.6; 1994, c. 431; 1997, c. 587; 2010, c. 653;\n2024, cc. 225, 242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}