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agricultural and fbrestal land within a district while similar land outside the district is taxed at fair market value.
Purcell noted that it is not mandatory to adopt an ordinance setting up an AF District if the local governing body feels the district is not in accord with the locality’s land use plan.
Strictly Voluntary
Dr. Paxton Marshall, VPI expert on the Agricultural and Forestal District Act, emphasized that application for an AF District is a voluntary action by landowners. No one can be included without consent, he said, adding that each landowner with property in a proposed AF District MUST sign the application for the district.
When an application is received, the local governing body must within 30 days appoint a nine-member advisory committee composed of four active farmers, four landowners and one representative of local government. The advisory committee then has 30 days to report on whether the land within the proposed district is “agriculturally significant” and to assess the impact an AF District will have on the locality.
The committee’s report is forwarded to the planning commission which has 30 days to conduct a public hearing on the application and make a recommendation to the board of supervisors.
Finally, the supervisors have another 30 days to conduct their own public hearing and reject or approve the district.
Marshall noted that both the advisory committee and board of supervisors may recommend that property be excluded from or added to the proposed district. Any additional land must have the owner’s approval in writing before it can be added to the district.
According to Marshall, six things occur when an AF District is approved:
1. No special assessment or benefit tax levied for nonfarm or non-forest purposes may be imposed on land in the district. 2. Local government may not enact “nuisance ordinances” wrthin a district tlflt '"'ittterfef^ Vith regular farming operations. 3. Zoning and subdivision
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