                                 CODE OF VIRGINIA

CREATION OF DISTRICTS OF LOCAL SIGNIFICANCE (§ 15.2-4405)

A. 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.

B. 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.

C. 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:

   1. 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.

   2. Refer such proposal and modifications to the advisory committee.

D. 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.

E. Public hearings required to be held by the planning commission and local
governing body shall be conducted in the following manner:

   1. 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;

   2. 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

   3. 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.

F. 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:

   1. The agricultural and forestal significance within the proposed district and
   in areas adjacent thereto;

   2. 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;

   3. The nature and extent of land uses other than active farming or forestry
   within the proposed district and adjacent thereto;

   4. Local developmental patterns and needs including zoning and the
   comprehensive plan;

   5. The scenic and historic features of land uses within the proposed district
   and adjacent thereto;

   6. The environmental benefits of preserving the lands in the district in their
   existing use; and

   7. Any other matter which may be relevant.
   				In 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.).

HISTORY: 1982, c. 374, § 15.1-1513.6; 1994, c. 431; 1997, c. 587; 2010, c. 653;
2024, cc. 225, 242.