HD3 - Report of the Joint Subcommittee Studying Agricultural and Forestal Districts


Executive Summary:

House Joint Resolution 468 was introduced by Delegate Davies during the 1997 legislative session. Pursuant to directions from the Speaker of the House of Delegates, the resolution was not reported by the committee to which it was referred, but the chairmen of the House Counties, Cities and Towns and Agriculture committees appointed committee members to undertake the study. The chairmen of the corresponding Senate committees were also requested to appoint committee members to form a joint subcommittee. See Appendix B. HJR 468 directed the subcommittee to "examine how well agricultural and forestal districts are achieving their purpose and determine whether legislative changes are required to increase the effectiveness of districts." The resolution instructed the subcommittee to seek input from localities, agriculture and forestry interests, and representatives of state agencies and public service corporations who have experience in complying with the requirements of the agricultural and forestal district laws.

The Agricultural and Forestal Districts Act (Chapter 43 (§ 15.2-4300 et seq.) of Title 15.2 of the Code of Virginia*), enacted in 1977, provides a means by which any locality, upon landowner petition, can create agricultural and forestal districts. Within districts, land is eligible for use-value taxation, and the locality and state agencies have a responsibility to protect agricultural and forestal land uses. In 1982, the General Assembly enacted the Local Agricultural and Forestal Districts Act (Chapter 44 (§ 15.2-4400 et seq.) of Title 15.2), which applies only to four counties: Fairfax, Prince William, Albemarle, and Loudoun. The subcommittee's work focused almost exclusively on the 1977 law, which will be referred to in this report as "the Act." References to "the Local Act" will be to the 1982 law.

Agricultural and forestal districts have not been the subject of an in-depth legislative study since the enactment of the Act. The declared purpose of the program is "to provide a means for a mutual undertaking by landowners and localities to protect and enhance agricultural and forestal land as a viable segment of the Commonwealth's economy and as an economic and environmental resource of major importance." (§ 15.2-4300) Through the use of a survey, the subcommittee endeavored to determine how well local officials administering the program felt the program was fulfilling this purpose. Interested parties were also given opportunities to provide comments to the subcommittee at its meetings.

The subcommittee met three times during the 1997 interim. All meetings were held in Richmond. The subcommittee's recommendations were reflected in House Bill 563, introduced by Delegate Davies. The bill was enacted as Chapter 833 of the 1998 Acts of Assembly.
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* Subsequent citations are to the Code of Virginia unless otherwise indicated.