15.2-4313 - Proposals as to land acquisition or construction within district.
§ 15.2-4313. Proposals as to land acquisition or construction within district.
A. Any agency of the Commonwealth or any political subdivision which intendsto acquire land or any interest therein other than by gift, devise, bequestor grant, or any public service corporation which intends to: (i) acquireland or any interest therein for public utility facilities not subject toapproval by the State Corporation Commission, provided that the proposedacquisition from any one farm or forestry operation within the district is inexcess of one acre or that the total proposed acquisition within the districtis in excess of ten acres or (ii) advance a grant, loan, interest subsidy orother funds within a district for the construction of dwellings, commercialor industrial facilities, or water or sewer facilities to serve nonfarmstructures, shall at least ninety days prior to such action notify the localgoverning body and all of the owners of land within the district. Notice tolandowners shall be sent by first-class or registered mail and shall statethat further information on the proposed action is on file with the localgoverning body. Notice to the local governing body shall be filed in the formof a report containing the following information:
1. A detailed description of the proposed action, including a proposedconstruction schedule;
2. All the reasons for the proposed action;
3. A map indicating the land proposed to be acquired or on which the proposeddwellings, commercial or industrial facilities, or water or sewer facilitiesto serve nonfarm structures are to be constructed;
4. An evaluation of anticipated short-term and long-term adverse impacts onagricultural and forestal operations within the district and how such impactsare proposed to be minimized;
5. An evaluation of alternatives which would not require action within thedistrict; and
6. Any other relevant information required by the local governing body.
B. Upon receipt of a notice filed pursuant to subsection A, the localgoverning body, in consultation with the local planning commission and theadvisory committee, shall review the proposed action and make writtenfindings as to (i) the effect the action would have upon the preservation andenhancement of agriculture and forestry and agricultural and forestalresources within the district and the policy of this chapter; (ii) thenecessity of the proposed action to provide service to the public in the mosteconomical and practical manner; and (iii) whether reasonable alternatives tothe proposed action are available that would minimize or avoid any adverseimpacts on agricultural and forestal resources within the district. Ifrequested to do so by any owner of land that will be directly affected by theproposed action of the agency, corporation, or political subdivision, theDirector of the Department of Conservation and Recreation, or his designee,may advise the local governing body on the issues listed in clauses (i), (ii)and (iii) of this subsection.
C. If the local governing body finds that the proposed action might have anunreasonably adverse effect upon either state or local policy, it shall (i)issue an order within ninety days from the date the notice was fileddirecting the agency, corporation or political subdivision not to take theproposed action for a period of 150 days from the date the notice was filedand (ii) hold a public hearing, as prescribed by law, concerning the proposedaction. The hearing shall be held where the local governing body usuallymeets or at a place otherwise easily accessible to the district. The localityshall publish notice in a newspaper having a general circulation within thedistrict, and mail individual notice of the hearing to the politicalsubdivisions whose territory encompasses or is part of the district, and theagency, corporation or political subdivision proposing to take the action.Before the conclusion of the 150-day period, the local governing body shallissue a final order on the proposed action. Unless the local governing body,by an affirmative vote of a majority of all the members elected to it,determines that the proposed action is necessary to provide service to thepublic in the most economic and practical manner and will not have anunreasonably adverse effect upon state or local policy, the order shallprohibit the agency, corporation or political subdivision from proceedingwith the proposed action. If the agency, corporation or political subdivisionis aggrieved by the final order of the local governing body, an appeal shalllie to the circuit court having jurisdiction of the territory wherein amajority of the land affected by the acquisition is located. However, if suchpublic service corporation is regulated by the State Corporation Commission,an appeal shall be to the State Corporation Commission.
(1977, c. 681, § 15.1-1512; 1979, c. 377; 1987, c. 552; 1997, c. 587; 1998,c. 833; 2000, c. 1069.)