15.2-4312 - Effects of districts.
§ 15.2-4312. Effects of districts.
A. Land lying within a district and used in agricultural or forestalproduction shall automatically qualify for an agricultural or forestaluse-value assessment pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter32 of Title 58.1, if the requirements for such assessment contained thereinare satisfied. Any ordinance adopted pursuant to § 15.2-4303 shall extendsuch use-value assessment and taxation to eligible real property within suchdistrict whether or not a local ordinance pursuant to § 58.1-3231 has beenadopted.
B. No local government shall exercise any of its powers to enact local lawsor ordinances within a district in a manner which would unreasonably restrictor regulate farm structures or farming and forestry practices incontravention of the purposes of this chapter unless such restrictions orregulations bear a direct relationship to public health and safety. Thecomprehensive plan and zoning and subdivision ordinances shall be applicablewithin said districts, to the extent that such ordinances are not in conflictwith the conditions to creation or continuation of the district set forth inthe ordinance creating or continuing the district or the purposes of thischapter. Nothing in this chapter shall affect the authority of the localityto regulate the processing or retail sales of agricultural or forestalproducts, or structures therefor, in accordance with the local comprehensiveplan or any local ordinances. Local ordinances, comprehensive plans, land useplanning decisions, administrative decisions and procedures affecting parcelsof land adjacent to any district shall take into account the existence ofsuch district and the purposes of this chapter.
C. It shall be the policy of all agencies of the Commonwealth to encouragethe maintenance of farming and forestry in districts and all administrativeregulations and procedures of such agencies shall be modified to this endinsofar as is consistent with the promotion of public health and safety andwith the provisions of any federal statutes, standards, criteria, rules,regulations, or policies, and any other requirements of federal agencies,including provisions applicable only to obtaining federal grants, loans orother funding.
D. No special district for sewer, water or electricity or for nonfarm ornonforest drainage may impose benefit assessments or special tax levies onthe basis of frontage, acreage or value on land used for primarilyagricultural or forestal production within a district, except a lot notexceeding one-half acre surrounding any dwelling or nonfarm structure locatedon such land. However, such benefit assessment or special ad valorem leviesmay continue if imposed prior to the formation of the district.
(1977, c. 681, § 15.1-1512; 1979, c. 377; 1987, c. 552; 1997, c. 587.)