A&F Districts may either be of Statewide Significance or of Local Significance. The authority for the establishment of Local A&F districts is derived from Title 15.2, Chapter 43 of the Code of Virginia, entitled the "Local Agricultural and Forestal Districts Act". On June 30, 1983, Fairfax County enacted supplemental legislation governing A&F Districts within the County, which consisted of the following sections of the Fairfax County Code: Chapter 114, entitled "Agricultural and Forestal Districts of Statewide Significance Ordinance", and Chapter 115, entitled "Local Agricultural and Forestal Districts Ordinance". Local districts must be at least 20 acres in size, and are limited to ownership of a single family; statewide districts must be at least 200 acres in size, and can include unrelated owners. While designation as an Agricultural & Forestal District qualifies properties for use-value taxation, both types of districts must also apply separately with the Department of Tax Administration (DTA) for land use assessment for the specific agricultural and/or forestal uses, as required by Title 58.1, Chapter 32 of the Code of Virginia.
Proposed Amendment to Chapter 115
A recent review of Chapter 115 identified that the term “freeholder” is used to define property ownership and by extension membership on the Agricultural and Forestal District Advisory Committee (AFDAC). The term landowner is also defined in Chapter 115. The One Fairfax policy commits Fairfax County to a more inclusive future which also means being intentional about the words that are used to guide the policy of the County. The term freeholder is a colonial era term used to refer to a person who owned an estate of land, free of debt in a time before property ownership was available to women or people of color. This language is easily modernized with the term landowner to better reflect the values of the County and is consistent with the language used in the Code of Virginia Title 15.2, Chapter 44, Agricultural and Forestal Districts Act.
On June 25, 2024, the Board of Supervisors authorized an amendment to Chapter 115 of the County Code that will correct a number of typographical and editorial errors, resolves inconsistencies, removes terminology inconsistent with the One Fairfax policy, and reflects updates to state law. The staff report is available for review below. A Board of Supervisors public hearing has been scheduled for December 3, 2024 at 4:00 p.m.
