Fairfax County, VA Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Protection term
- 8 years, renewable
- State authority
- Va. Code Title 15.2, Ch. 44
- Tax benefit
- Ag/forestal use assessment
- Enrollment
- Voluntary landowner application
Summary
Fairfax County lets owners of farm and forest land petition the Board of Supervisors to create a Local Agricultural and Forestal District under Chapter 115. Once a district ordinance is adopted, Section 115-4-8 bars every parcel in it from shifting to a more intensive use for eight years.
(a)That no parcel included within the district shall be developed to a more intensive use than its existing use at the time of adoption of the ordinance establishing such district for eight (8) years from the date of adoption of such ordinance. This provision shall not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land...
Full Breakdown
The protection in Section 115-4-8(a) is a freeze, not a rezoning. Each parcel is measured against its existing use at the time the Board adopts the ordinance establishing the district, and for eight years from that adoption date it cannot be developed to anything more intensive than that existing use. Two activities stay open during the term. The ordinance states that the provision shall not be construed to restrict expansion of or improvements to the agricultural or forestal use of the land, so the farm or forestry operation itself can keep growing.
And one additional house may still be built for an owner, a family member, or a tenant farmer. Enrollment is voluntary and brings a tax consequence along with the development limit: land in a district automatically qualifies for agricultural or forestal use-value tax assessment. When the eight-year term runs out, the Board of Supervisors reviews the district and can renew it for another eight-year term, so long-term protection is possible but never automatic. The program operates under the state framework in Va. 2, Chapter 44.
Violations & Fines
Developing a parcel inside an established district to a more intensive use before the eight-year term expires breaches the district ordinance adopted by the Board of Supervisors under Chapter 115.
Frequently Asked Questions
How does Fairfax County protect farmland from development?
Can I still build a house on land in an Ag/Forestal District?
Is there a tax benefit to enrolling?
What happens when the eight years end?
Sources & Official References
Other rules in Fairfax County
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