                                 CODE OF VIRGINIA

EFFECTS OF DISTRICTS (§ 15.2-4312)

A. Land lying within a district and used in agricultural or forestal production
shall automatically qualify for an agricultural or forestal use-value assessment
pursuant to Article 4 (&#xA7; 58.1-3229 et seq.) of Chapter 32 of Title 58.1, if
the requirements for such assessment contained therein are satisfied. Any
ordinance adopted pursuant to &#xA7; 15.2-4303 shall extend such use-value
assessment and taxation to eligible real property within such district whether
or not a local ordinance pursuant to &#xA7; 58.1-3231 has been adopted.

B. No local government shall exercise any of its powers to enact local laws or
ordinances within a district in a manner which would unreasonably restrict or
regulate farm structures or farming and forestry practices in contravention of
the purposes of this chapter unless such restrictions or regulations bear a
direct relationship to public health and safety. The comprehensive plan and
zoning and subdivision ordinances shall be applicable within said districts, to
the extent that such ordinances are not in conflict with the conditions to
creation or continuation of the district set forth in the ordinance creating or
continuing the district or the purposes of this chapter. Nothing in this chapter
shall affect the authority of the locality to regulate the processing or retail
sales of agricultural or forestal products, or structures therefor, in
accordance with the local comprehensive plan or any local ordinances. Local
ordinances, comprehensive plans, land use planning decisions, administrative
decisions and procedures affecting parcels of land adjacent to any district
shall take into account the existence of such district and the purposes of this
chapter.

C. It shall be the policy of all agencies of the Commonwealth to encourage the
maintenance of farming and forestry in districts and all administrative
regulations and procedures of such agencies shall be modified to this end
insofar as is consistent with the promotion of public health and safety and with
the provisions of any federal statutes, standards, criteria, rules, regulations,
or policies, and any other requirements of federal agencies, including
provisions applicable only to obtaining federal grants, loans or other funding.

D. No special district for sewer, water or electricity or for nonfarm or
nonforest drainage may impose benefit assessments or special tax levies on the
basis of frontage, acreage or value on land used for primarily agricultural or
forestal production within a district, except a lot not exceeding one-half acre
surrounding any dwelling or nonfarm structure located on such land. However,
such benefit assessment or special ad valorem levies may continue if imposed
prior to the formation of the district.

HISTORY: 1977, c. 681, § 15.1-1512; 1979, c. 377; 1987, c. 552; 1997, c. 587.