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Marshall maintained that the law was “ambiguous” on whether use value taxation was automatic within an ag district. He noted that use value taxation was allowed by the Virginia Constitution as a local option provided a local use value ordinance and land use plan were also adopted.
But the law also says that use value taxation will apply in an Agricultural and Forestal District, according to Marshall.
In a county without a land use plan and local use value taxation ordinance, Marshall maintained that it was not clear whether use value taxation would apply in ag districts.
Tigers In Combat
Subdivision and zoning regulations on development would apply in agricultural districts, according to Marshall. “Large lot zoning and agricultural land are tigers in combat and agricultural land will lose..You can’t farm much on 25 or 10 acres.”
Marshall maintained, and Jacks agreed, that a separate resolution could be included in each ag district approval that would disallow large lot development within the district.
“I don’t see why a zoning ordinance couldn’t prevent development within an Ag District,” commented Jacks. Marshall noted that the Agricultural District Law passed in Wisconsin allowed only residentail development for members of the farm owner’s family and employees;
“If the zoning ordinance already has a large lot provision, it will not be affected by an agricultural district and the provision will apply within the district unless the ordinance is amended to exclude large lots,’’ Jacks told Orange Supervisor Dixie Colvin.
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