CEAAgenda2023September281.Welcome and Introductions
2.Meeting Minutes
2.A.Meeting Minutes - May 25, 2023
3.Presentation on Purchase of Development Rights
3.A.Purchase of Development Right Presentation
3.B.Discussion
4.Other
AGENDA
CONSERVATION EASEMENT AUTHORITY
THURSDAY, SEPTEMBER 28, 2023
9:00 AM
PLANNING DEPARTMENT CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VA
CEA09-28-23MeetingMinutesMay25.pdf
CEA09-28-23PurchaseofDevelopmentRights.pdf
1
Conservation Easement Authority
Agenda Item Detail
Meeting Date: September 28, 2023
Agenda Section: Meeting Minutes
Title: Meeting Minutes - May 25, 2023
Attachments:
CEA09-28-23MeetingMinutesMay25.pdf
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MEETING MINUTES
OF THE
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY
Held in the Planning Department Conference Room of the Frederick County Administration
Building at 107 North Kent Street in Winchester, Virginia on May 25, 2023.
PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice-Chairman; Lowell Henderson, Patricia
Scheulen-Ferrell, Philip Haines, Ryan Dougall, Charles Triplett, Planning Commission Liaison;
and Judith McCann-Slaughter, Board of Supervisor Liaison
ABSENT: Elaine Cain, Treasurer
STAFF PRESENT: Wyatt Pearson, Planning Director and Pam Deeter.
OTHER: Derek Brill and Debra Bonarti, Commissioner of Revenue Office and Jeff Feaga,
Potomac Conservancy
PUBLIC MEETING
Welcome and Introduction
The meeting was called to order by the Chairman Kearns at 9:00 a.m. and she determined there
was a quorum.
Annual Organizational Activities
a. Election of Officers
Chairman Kearns shared the present officers with the Committee.
Mr. Lodge made a motion to nominate Ms. Kearns and Mr. Henderson seconded the
motion. The floor was closed for nominations. The vote was unanimous for Ms. Kearns
as the Chairman.
Ms. Kearns made a motion to nominate Todd Lodge for Vice-Chairman and was seconded
by Mr. Haines. The floor was closed for nominations. The vote was unanimous for Mr.
Lodge as Vice-Chairman.
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Ms. Kearns made a motion to nominate Elain e Cain for Treasurer and was seconded by
Mr. Lodge. The floor was closed for nominations. The vote was unanimous for Ms. Cain
as Treasurer.
b. Adoption of Bylaws
Mr. Henderson made a motion to approve the 2023 Bylaws with an insertion under Article
II-Purpose (to administer the Frederick County Conservation Easement Purchase Program
pursuant to the ordinance establishing the Program and administrate and funds that may be
appropriated) and seconded by Mr. Lodge. The vote was unanimously approved.
c. Selection of Meeting Dates and Times
Chairman Kearns asked members if the time of the meeting works for everyone. There was
discussion as far as the time. Everyone was agreeable with the time of 9:00 a.m. and
meetings would be held only if needed.
Update on Transfer Development Rights
Mr. Pearson gave an update on the TDR program. Mr. Pearson said the rural landowner is
selling to developers in the urban area or a developer that has land in the rural areas and
selling the land to himself. There are 1,300 rights which means the landowner has received
a letter of intent.
Mr. Pearson introduced an overview of the Stafford County PDR (Purchase of
Development Rights) program. The program is voluntary, and the County pays the
landowners to restrict residential development on their land. The landowner retains
ownership and can reside on property and continue to farm. The property can be sold but
the easement remains for perpetual. This program would complement the TDR program
and give the landowner more options.
Chairman Kearns said the focus of the Authority is mainly on Conservation Easements,
but the Authority can expand to other opportunities that would preserve the land. Chairman
Kearns would like to see the Board of Supervisors allocate funds for conservation
easements.
Judith McCann-Slaughter said the Board of Supervisors starts looking at the budget in
November. She suggested that the Committee put together a budget for a specific item
which could be presented to the Board of Supervisors.
Discussion
Jeff Feaga spoke on behalf of Potomac Conservancy activities. The conservancy focuses
on West Virginia, Virginia, and Washington D.C. watershed. The Conservancy is working
with Back Creek watershed looking at the water quality and watershed. This easement
extends from northern Frederick County Virginia to Berkely County West Virginia. The
Conservancy is looking for agricultural and wooded property for easements and funding
might be available. The Conservancy will help apply for funding for the landowner.
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Chairman Kearns recapped that she would contact United Land Trust for a representative
to give a presentation sometime in August.
There being no further business, the meeting adjourned at 9:52 a.m.
Respectfully submitted,
____________________________
Diane Kearns, Chairman
______________________________
John A. Bishop, CEA Secretary
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Conservation Easement Authority
Agenda Item Detail
Meeting Date: September 28, 2023
Agenda Section: Presentation on Purchase of Development Rights
Title: Purchase of Development Right Presentation
Attachments:
CEA09-28-23PurchaseofDevelopmentRights.pdf
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STAFFORD COUNTY CODE
Chapter 22A PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
as amended 8/16/22
Page 1 of 14
Chapter 22A PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
Sec. 22A-1. Purpose.
The purpose of the Stafford County Purchase of Development Rights Program (PDR)
includes, but is not limited to, the following:
(1) Establishing a program that enables the county to acquire conservation easements
voluntarily offered by property owners to serve as one means of assuring that Stafford
County's resources are protected and efficiently used;
(2) Establishing and preserving open space and the continuing rural character of the
county;
(3) Preserving farm and forest land;
(4) Conserving and protecting water resources and environmentally sensitive lands, waters
and other natural resources;
(5) Conserving and protecting biodiversity, wildlife and aquatic habitat;
(6) Assisting in shaping the character, direction, and timing of development in the county;
(7) Improving the quality of life for the inhabitants of the county;
(8) Promoting recreation and tourism through the preservation of scenic and historical
resources.
(9) Working cooperatively with the federal government, state government, and/or non-
profit organizations to locate funding and leverage financial and other resources; and
(10) Working cooperatively with Quantico Marine Corps Base to promote their
encroachment control program for lands located near the Base that meet the intent of
the County's PDR Ordinance and program.
Goals of the county's comprehensive plan include to "preserve and enhance opportunities
for agricultural uses, agribusiness, and silviculture operations", "continue emphasis on the Urban
Services Area concept and on the preservation of a rural character in areas outside of the Urban
Services Area", and "preserve and enhance the county's natural resources." All three of these
goals will be enhanced through the county's purchase of development rights (PDR) program.
The PDR program shall be a program by which the county acquires, in accordance with the
provisions set forth herein, and to the extent of available funding, the development rights on
eligible parcels of rural land in areas of the county described in section 22A-3 below. The
purchase of development rights shall be accomplished by the acquisition of conservation
easements upon such parcels.
The PDR program shall be directed toward property that lies outside the designated urban
services area as depicted on the most recent land use map except in those areas under the
ownership or control of the United States of America, or the Commonwealth of Virginia, or an
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agency or instrumentality thereof. However, if property within the designated urban services area
meets the intent of the program, the landowner may apply to the program and the board shall
consider the merits of the application.
The county should work cooperatively with Quantico Marine Corps Base to promote their
encroachment control program for lands located near the base that meet the intent of the county's
PDR ordinance and program.
Nothing in this chapter shall be construed as a limitation upon the county's authority to
acquire land for public purposes other than those set forth in this chapter.
Sec. 22A-2. Applicability.
The PDR program shall be available for all qualifying lands in the county, except those
lands under ownership or control of the United States of America, the Commonwealth of
Virginia, or an agency or instrumentality thereof. Any conservation easement acquired pursuant
to this program shall be voluntarily offered by the owner.
Sec. 22A-3. Definitions.
For the purpose of this chapter, the following words and phrases shall have meanings
respectively ascribed to them by this section:
Appraisal means a written statement or report independently and impartially prepared by a
qualified appraiser setting forth an opinion of defined value of an adequately described property,
or any such portion or interest therein, as of a specific date, supported by the presentation and
analysis of relevant market information.
Administrator means that person placed in the managerial capacity over the daily operations
of the PDR program. The administrator shall serve as a direct liaison for the program.
Accessory use means a use which is clearly incidental to, and customarily found in
connection with, the principal use of the same parcel or group of contiguous parcels under
common ownership and operated as an agricultural enterprise.
Agricultural uses means those land uses including farms (and farm residences), the tilling of
soil, the bona fide growing and production of crops, horticulture, silviculture, aquaculture,
forestry, orchards, vineyards, nursery operations, and truck farming; the raising of livestock,
fowl, dairy cattle, horses or poultry. Nursery operations are considered agricultural uses. The
term also includes the repair, expansion or replacement of no more than one bona fide dwelling
occupied by the landowner or tenant as of the date of application for entry in the PDR program,
as permitted by section 28-35 of the zoning ordinance; accessory uses directly related to
agricultural activities conducted on the same property, including the sale of agricultural products;
equestrian uses; recreational activities; feed lots; and septic tanks and drain fields approved by
the health department and which cannot be located within an area not encumbered by an
agricultural land preservation easement. The term does not include the processing of agricultural,
silvicultural, horticultural or aquacultural products, except as an accessory use.
Batch means a grouping of contiguous parcels for purposes of making application for the
sale or transfer of development rights.
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Biodiversity means the interconnectedness of all life forms on Earth, diversity of plant and
animal life in a particular habitat.
Board means the Board of Supervisors of Stafford County.
Commissioner means the Commissioner of the Revenue of Stafford County or his designee.
Committee means the Stafford County Agricultural and Land Conservation (ALC)
Committee.
Conservation easement means a nonpossessory interest of the county in real property,
whether easement appurtenant or easement in gross, acquired through gift, purchase, devise or
bequest, perpetual in duration, imposing certain limitations or affirmative obligations, for the
purposes of which include retaining or protecting natural or open space values of real property,
assuring its availability for agricultural, forestall, recreational or open-space use, protecting
natural resources, maintaining or enhancing air or water quality, or preserving the historical, or
archeological aspects of real property pursuant to which the exercise of development and other
specified rights on the subject property is prohibited. This definition shall not apply to any other
chapter, section or part of the County Code, outside of this chapter, unless specifically stated
otherwise.
County administrator means the County Administrator of Stafford County or his designee.
County attorney means the County Attorney of Stafford County or his designee.
Development rights means the rights to develop agriculturally zoned property for use other
than an agricultural use. The term includes, but is not limited to, the right to develop property for
any commercial, industrial or residential use except as expressly permitted by this chapter.
Director means the director of the department of planning and zoning or his designee.
Dwelling means a structure which is designed and used for residential purposes.
Landowner means the equitable owner of the fee simple title to a parcel of land or, with
respect to a parcel not encumbered by a deed of trust or mortgage, the legal owner of such title.
Where more than one person or entity is the legal and/or equitable owner, the term refers to all
such persons or entities jointly.
Open space means any land which is provided or preserved for:
(i) Park or recreational purposes,
(ii) Conservation of land or other natural resources,
(iii) Historic or scenic purposes,
(iv) Assisting in the shaping of the character, direction, and timing of community
development, or
(v) Wetlands as defined in Code of Virginia, § 28.2-1300.
Parcel means a lot or tract of land, lawfully recorded in the clerk's office of the Circuit
Court of the County of Stafford.
PDR program or program means the purchase of development rights program established
by this chapter.
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Property ranking system or system means the matrix by which applications for the sale of
development rights are ranked and prioritized for acquisition of such rights.
Public body or public bodies means any state agency having authority to acquire land for a
public use, or any county or municipality, any park authority, any public recreational facilities
authority, any soil and water conservation district, any community development authority formed
pursuant to [Code of Virginia] article 6 (§ 15.2-5152 et seq.) of chapter 21 of title 15.2, or the
Virginia Recreational Facilities Authority.
Timber harvest means a merchantable harvest for the commercial market. The term does not
include minor harvests for such things as firewood, poles, posts, blind material or greenery.
Wetlands means both vegetated and nonvegetated wetlands.
Sec. 22A-4. Designation of program administrator; power and duties.
(a) Designation. The board shall appoint a program administrator.
(b) Power and duties. The administrator shall administer the program and shall have powers
and responsibilities to:
(1) Establish reasonable and standard procedures and forms consistent with this program
for the administration and implementation of the program.
(2) Promote the program, in cooperation with the committee, by providing educational
materials to the public and conducting informational meetings.
(3) Investigate and pursue, in conjunction with county, state, federal and other programs,
additional public and private resources to fund the program and maximize private
participation.
(4) Evaluate all applications to determine their eligibility and their ranking score. Rank
applications based on their ranking score as determined by the property ranking system
and make recommendations thereon to the committee.
(5) Coordinate the contracting and delivery of appraisals for each property.
(6) Negotiate with the landowner relating to conservation easement terms.
(7) Provide staff support to the committee and the appraisal review committee.
(8) For each conservation easement accepted into the program, establish baseline data and
assure that the terms and conditions of the easement are monitored and complied with
by coordinating a monitoring program with each easement holder.
Sec. 22A-5. Agricultural and Land Conservation (ALC) Committee established; powers
and duties.
(a) Establishment. The committee is hereby established, as follows:
(1) The committee shall consist of seven (7) members appointed by the board. Each
member shall reside in Stafford County. The committee should, but is not required to
be, comprised of members who are knowledgeable in fields of conservation,
conservation biology, planning, real estate, land appraisal, farming and/or forestry.
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(2) The members of the committee shall serve at the pleasure of the board. The terms of
the members shall coincide with the terms of appointment for the board.
(3) The members of the committee shall serve without pay, but the board may, at its own
discretion, reimburse members for actual and necessary expenses incurred in the
performance of his/her duties.
(4) The committee shall elect a chairman, vice chairman and secretary at its first meeting
each calendar year. The secretary need not be member of the committee.
(b) Power and duties. The committee shall have the powers and duties to:
(1) Promote the program in cooperation with and under the guidance of the administrator,
by providing educational materials to the public and conducting informational
meetings.
(2) Review rankings of applications recommended by the administrator and make
recommendations to the administrator and the board as to which conservation
easements should be purchased as determined by the property ranking system, and
other applicable information.
(3) Annually review the program's eligibility and ranking criteria and recommend to the
administrator any changes needed to maintain the program's consistency with the
comprehensive plan, or to improve the administration, implementation, and/or
effectiveness of the program.
(4) The presence of at least four (4) members of the committee at a regularly scheduled
meeting shall constitute a quorum for purposes of conducting business and the
committee shall make decisions on a "majority rule" basis.
Section 22A-6. Appraisal review committee established; powers and duties.
(a) Establishment. The appraisal review committee is hereby established, as follows:
(1) An appraisal review committee shall be created by the committee and shall operate
directly under its supervision.
(2) The appraisal review committee shall consist of three members comprised of at least
one professional real estate appraiser, one member of the committee and the County
Commissioner of the Revenue or his or her designee from the assessment office. The
members shall be appointed by the committee.
(3) The members of the appraisal review committee shall serve at the pleasure of the
committee. Each member, other than the County Commissioner of the Revenue, or his
designee, shall serve a term of one year. The County Commissioner of the Revenue, or
his designee, shall be a permanent member of the appraisal review committee.
(b) Powers and Duties. The appraisal review committee shall have the power and duty to
review appraisals to ensure they are consistent with appropriate appraisal guidelines and
practices and make recommendations thereon to the committee and provide approved
appraisal results to the committee and the administrator. This shall not include the
authority to alter or make a substitution for an appraisal, but shall only include the
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authority to evaluate appraisals for appropriateness under specific guidelines and
practices.
Sec. 22A-7. Eligibility criteria.
In order for a parcel to be eligible for the program, it must meet the following criteria:
(a) The property(s) must be located in Stafford County within that portion of the county as
described in County Code section 22A-1.
(b) The property(s) must be no less than twenty (20) acres in area or be included in a batch in
which the combined area of contiguous parcels is no less than twenty (20) acres in area. A
property owner who has a parcel of land currently encumbered by a Stafford County PDR
easement may apply through the PDR application process to add additional acreage to the
current easement from directly adjoining property with the same owner. If the additional
acreage meets all other criteria for inclusion in the PDR program, the board and the
committee can waive the minimum twenty (20) acres requirement. The additional acreage
must be capable of supporting at least one development right.
(c) The property must be wholly located within an agricultural or rural residential zoning
district, including A-1 or A-2, or any combination of such zoning districts;
(d) The property must be capable of being subdivided or developed for nonagricultural uses
without legislative approval;
(e) The proposed use of the property as permanent open space shall comply with the policies
set forth in Stafford County's Comprehensive Plan;
(f) No uses or structures shall be located upon the parcel other than those permitted by the deed
of conservation easement; and
(g) If any portion of the property being considered contains any land that is currently reserved
or set aside for open space, recreation or similar purposes pursuant to the provisions of a
conditional use permit, variance, or other action by the board, or any ordinance or
regulation; that portion shall be excluded from the evaluation process.
Sec. 22A-8. Property ranking system.
In order to effectuate the purposes of this chapter, parcels for which conservation easement
applications have been received shall be evaluated by using a ranking system. The initial ranking
system and any changes to the ranking system shall be approved by the board.
(a) The property ranking system is hereby adopted. The system shall be the sole means by
which the priority of acquisition of development rights under the program is determined
when available funding is insufficient to purchase the development rights on all property
that is the subject of received applications for the sale of development rights. The number of
property ranking system points assigned to a particular property shall not be used in
determining the value of development rights or the amount of any offer to purchase such
rights but used solely as a means for prioritizing the properties for further consideration.
(b) There shall be five (5) categories of criteria for evaluation under the system. In each
category, certain factors descriptive of the characteristics of property sought to be included
in the purchase of development rights program are included. Each factor is stratified into a
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range of possible point values ranging from zero (0) to thirty (30). To determine the total
points assigned to such property, the values for all five (5) categories are added. Property
having the highest total scores shall rank highest in priority of acquisition. The maximum
total score is two hundred seventy-five (275) points. The categories, with their respective
factors, are as follows:
PDR RANKING CRITERIA POINT SYSTEM—SECTION A Possible
Points
Total
Points
(A) Quality of the parcel (productivity capability)
(110 Maximum Points)
(1) Size of property 20
• 100 acres or more—20
• 90 to 99.99 acres—18
• 80 to 89.99 acres—16
• 70 to 79.99 acres—14
• 60 to 69.99 acres—12
• 50 to 59.99 acres—10
• 40 to 49.99 acres—8
• 30 to 39.99 acres—6
• 20 to 29.99 acres—4
• Less than 20 acres (if eligible)—1
(2) Soils—Percentage Identified as Prime Farmland or Farmland of
Statewide Importance?
20
• 80% or more—20
• 60 to 79%—16
• 40 to 59%—12
• 20 to 39%—6
• Less than 20%—0
(3) Parcel contains active farm land
(Active farm land: Cropland or pastureland that has been
harvested or grazed during the proceeding year or in 3 of the
previous 5 years)
20
• 2 points per 10 acres or fraction thereof with a maximum of 20
total points
(4) Parcel contains active timber land
(Active timber land: timber land that has an executed forestry
commitment or an approved professional forest plan)
20
• 2 points per 10 acres or fraction thereof with a maximum of 20
total points
(5) Soil and Water Quality Conservation Assessment (Maximum of 30
points)
30
• Owner has a plan through Tri-County/City Soil and Water
Conservation District, NRCS or other applicable agency—10
• Owner has a farm management plan to include applicable
BMPs to protect water quality, either voluntarily or through a state
or federal conservation program—10
• Owner has a nutrient management plan through Tri-
County/City Soil and Water Conservation District, NRCS or other
applicable agency—10
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SUBTOTAL POINTS—SECTION A 110
PDR RANKING CRITERIA POINT SYSTEM—SECTION B Possible
Points
Total
Points
(B) Likelihood of parcel being threatened (development pressure)
(70 Maximum Points)
(1) Urgency of circumstances favoring conversions 20
• Parcel has approved preliminary subdivision plan—10
• Parcel owner is older than average of the Stafford County
farmers according to the most recent Ag Census—10
(2) Acreage suitability for residential conversion—Percentage of well
or moderately well-drained soils on the parcel
30
• 80% or more—30
• 60 to 79%—24
• 40 to 59%—18
• 20 to 39%—9
• Less than 20%—0
(3) Amount of public road contiguous to parcel 10
• 1,000 linear feet or more—10
• 600 to 999 feet—8
• 300 to 599 feet—7
• 100 to 299 feet—4
• Less than 100 feet—0
(4) Landowners have agreed to any of the following restrictions
(maximum of 10 points):
10
• No new dwellings may be located on the property—5
• Parcel shall not further be divided—5
SUBTOTAL POINTS—SECTION B 70
PDR RANKING CRITERIA POINT SYSTEM—SECTION C Possible
Points
Total
Points
(C) Circumstances supporting agriculture
(35 Maximum Points)
(1) Number of nonfarm rural residences within one-half mile of the
property boundary
15
• 0 to 7 dwelling units—15
• 8 to 12 dwelling units—10
• 13 to 18 dwelling units—7
• 19 to 24 dwelling units—3
• More than 25 units—0
(2) Proximity of parcel to other properties with PDR or other perpetual
easements
10
• Contiguous—10
• Within ¼ mile—8
• Within ½ mile—6
• Within 1 mile—4
• Greater than 1 mile—0
(3) Proximity to another existing farm of 20 acres or greater 10
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• Contiguous—10
• Within 1/2 mile—8
• Within 1 miles—6
• Within 2 miles—1
• Greater than 3 miles—0
SUBTOTAL POINTS - SECTION C 35
PDR RANKING CRITERIA POINT SYSTEM—SECTION D Possible
Points
Total
Points
(D) Environmental and aesthetic quality
(40 Maximum Points)
(1) Virginia Department of Conservation and Recreation Ranking (as
identified in the Ecological Cores portion of the Virginia
Conservation Land Needs Assessment model and scored as a
weighted average)
10
• C-1 Outstanding Conservation Significance—10
• C-2 Very High Conservation Significance—8
• C-3 High Conservation Significance—6
• C-4 Moderate Conservation Significance—4
• C-5 General Conservation Significance—2
(2) Percentage of parcel in forest 5
• 80% or more—5
• 50 to 79%—3
• 20 to 49%—1
• Less than 20%—0
(3) Proximity to areas identified as having high environmental value,
such as state or federal parks, wetlands, designated wildlife refuge,
or threatened or endangered species habitat
5
• Contains or is contiguous—5
• Within ½ mile—3
• Within 1 mile—1
(4) Water Quality Value 20
• Parcel includes perennial waterway —5
• Parcel includes wetlands—5
• Parcel includes intermittent stream—5
• Waterway includes vegetative buffer of at least 100
feet (perennial and associated wetlands) or 50 feet
(intermittent stream – 5
SUBTOTAL POINTS—SECTION D 40
PDR RANKING CRITERIA POINT SYSTEM—SECTION E Possible
Points
Total
Points
(E) Cultural resources
(20 Maximum Points)
(1) Proximity to historic or cultural features 15
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• Property is located on or adjacent to feature designated or
deemed eligible for listing on National or State historic registers,
or within Stafford County Historic District—15
• Property is associated with or adjacent to property
associated with an important historic place, event, person or
activity (listed in Stafford County database, or through
documentation presented to the county)—10
• Property is within or adjacent to an established or familiar
visual feature that is part of an historic landscape (as confirmed
by county)—5
(2) Property is designated as or associated with a Century Farm—5 5
SUBTOTAL POINTS—SECTION E 20
TOTAL POINTS 275
Sec. 22A-9. Purchase development terms and conditions.
Each conservation easement shall comply with the requirements of the Virginia Open-Space
Land Act (Code of Virginia, § 10.1-1700 et seq.) and this chapter. The deed of easement shall be
in a form approved by the county attorney and shall contain, at a minimum, the following
provisions:
(a) Restrictions on dwellings. No new dwellings may be constructed on a parcel except as
provided in this section. The deed of easement may allow for one dwelling, either
existing or new, per one hundred (100) acres. For properties less than one hundred
(100) acres in size, one dwelling, either existing or new, would be allowed. The
location of the dwelling and all appurtenances must be specified on a plat of record
approved by the county and recorded before or contemporaneously with the execution
and recordation of the deed of conservation easement.
(b) Conservation easement duration. A conservation easement acquired under the terms of
this chapter shall be perpetual and shall run with the land.
(c) Other restrictions. In addition to the foregoing, the parcel shall be subject to standard
restrictions contained in conservation easements pertaining to the uses and activities
allowed on the parcel. These standard restrictions shall be delineated in the deed of
easement and shall include, but not necessarily be limited to restrictions pertaining to:
(i) The accumulation of trash, debris, inoperable motor vehicles, and other junk;
(ii) Grading or clearing, blasting or earth removal for purposes unrelated or not
connected with the bona fide agricultural use of the property;
(iii) Conducting of industrial or commercial activities on the parcel other than
specified limited commercial activities associated with the bona fide agricultural
use of the property and/or;
(iv) The display of billboards, signs, and modes of advertisement upon the property
unrelated to bona fide agricultural activities located on the property. The deed of
conservation easement shall include provisions concerning billboards, signs, and
modes of advertisement located on the property at the time that an application is
submitted that are unrelated to agricultural activities located on the existing
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property. The deed of conservation easement shall include provisions concerning
establishing and/or maintaining reasonable signage/advertising related to
agricultural activities located on the property.
(d) Designation of easement holder. Stafford County shall be the easement holder, and, at
its discretion, one or more additional public bodies, one or more organizations then
qualifying as an eligible donee as defined by section 170(h)(3) of the Internal Revenue
Code of 1986, as amended, or the federal government may also be an easement
coholder.
Sec. 22A-10. Purchase of development rights procedure.
(1) Application submission. Applications to sell development rights shall be on a form
prescribed by the administrator and shall be signed by the landowner and submitted to the
administrator. An application fee may be required. The administrator may require
supporting documentation, including, but not limited to, deeds, surveys, or other legal
instruments, to be submitted with the application. A landowner may submit an application
for each parcel or may submit a single application for more than one contiguous parcel.
Applications for batched parcels shall follow the same procedure, but shall be signed by all
landowners. Applications must be received in the county administrator's office by close of
business on the last day of an open application period to be eligible for consideration during
that open application period.
(a) Application form. The application form shall require, at a minimum, that the owner
provide:
• The names of all owners of the parcel;
• The address and telephone number of all owners;
• The acreage of the parcel;
• The tax map and assessor's parcel number;
• The zoning designation of the parcel;
• A grant of permission to the administrator and such other staff as may be
appropriate, and an independent, licensed and certified appraiser, to enter the property,
after reasonable notice to the owner, to evaluate the property; and
• The application form shall also include a space for the owner to indicate whether
he/she volunteers to have his/her parcel subject to greater restrictions than those
contained in the standard deed of easement, and to delineate those voluntary, additional
restrictions.
(b) Additional application information required by administrator. The administrator may
require the owner to provide additional information deemed necessary to determine:
(i) Whether the proposed easement is eligible for purchase; and
(ii) The ranking of the parcel; and
(iii) The value of such easement.
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(c) The submission of an application shall not be deemed to constitute a binding
contractual offer to convey any interest in the landowner's property, but shall be
revocable at will by the landowner prior to the execution of a conservation easement
agreement, without penalty.
(2) Evaluation by administrator.
(a) The administrator shall review each application to determine whether the eligibility
criteria set forth in county code section 22A-8 are met. In the event a parcel, or portion
thereof, fails to meet the eligibility criteria set forth in county code section 22A-7, such
parcel, or portion thereof, shall not be considered for inclusion in the program. In the
event the ineligibility of a parcel or portion thereof, renders the remaining property
which is the subject of the application ineligible, none of the property shall be
considered for inclusion.
(b) The administrator shall evaluate each application received and determine whether the
application is complete. If the application is incomplete, the administrator shall inform
the owner of the information that must be submitted in order for the application to be
deemed complete.
(c) When the application is deemed complete, and the administrator has determined that
the parcel satisfies the eligibility criteria set forth in county code section 22A-7, the
administrator shall determine the number of points to be attributed to the parcel by
applying the ranking system in accordance with section 22A-8. The administrator shall
notify each applicant of the total number of points attributed to their respective
property.
(d) The administrator shall rank each parcel with the parcel scoring the most points being
the highest ranked and descending in order therefrom. The administrator shall submit
the list of ranked parcels to the committee after each open application period.
(e) In the event available funding is insufficient to purchase the development rights on all
properties which are the subject of pending applications under this chapter, the director
shall evaluate each application, using the criteria of the property ranking system set
forth in county code section 22A-8, and shall ascertain all necessary facts and
information for ranking the priority of acquisition of the lands included in the
application. In performing such evaluation, the administrator may request the
assistance of the commissioner of revenue or his designee and such other county
departments as may be appropriate and beneficial. The evaluation shall include a
recommendation for the number of agricultural ranking system points to be assigned to
the application.
(f) The administrator shall notify each applicant of the evaluation of their property(s). An
applicant shall have ten (10) business days from the date of the administrator's notice
to respond to the administrator's evaluation of their property(s), including, but not
limited to, correcting and/or supplementing their application. Within the ten-business-
day period, an applicant may request, in writing, a meeting with the administrator
and/or other county staff to discuss the administrator's evaluation.
(3) Evaluation by committee. The committee shall review the list of ranked parcels submitted
by the administrator. The committee shall forward to the administrator and to the board its
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recommendations as to which conservation easements should be purchased under the
provisions of this chapter.
(4) Evaluation by board. The board shall review the list of ranked parcels submitted by the
committee and identify by resolution which conservation easements should be purchased
and their priority of purchase. Nothing in this chapter shall obligate the board to purchase a
conservation easement on any property that is deemed eligible for purchase and that the
board identifies for purchase under this subsection.
(5) Appraisal of conservation easement value. Each conservation easement identified by the
board to be purchased shall be appraised by an independent qualified appraiser contracted
by the County for such purpose. Each completed appraisal shall be submitted to the program
administrator and the owner. The program administrator shall forward each appraisal to the
appraisal review committee, which shall review each appraisal and make recommendations
thereon to the committee.
(6) Requirements and deadlines may be waived. Any requirement or deadline set forth in this
chapter may be waived by the board if, for good cause, it is shown that exigent
circumstances exist that warrant consideration of an otherwise untimely application or it is
shown that the requirements of this chapter unreasonably restrict the purchase of an
easement. Under such circumstances, the board may authorize purchase of a conservation
easement at any time it deems necessary so long as the purchase meets the intent of the
program as identified in the comprehensive plan and the purchase complies with the specific
purposes and applicability of this ordinance as set out herein.
(7) Reapplication. An owner of a parcel not selected by the board for purchase of a
conservation easement may reapply in any future open application period.
Sec. 22A-11. Outreach.
The committee envisions a regular process to solicit applications for the sale of
development rights to the county. As part of that process, an effective outreach effort to the
public would inform those who may be interested in the program of the goals and benefits of the
program, the application process, the nature of the rights to be purchased, the requirements,
criteria and ranking system, and other program details. The effort should be aimed at
encouraging applications and making the process user friendly.
An ongoing outreach effort shall be a part of the program in order to solicit interest and
assist those participating in the program and for the purposes of promoting the program.
Sec. 22A-12. Inspection and enforcement.
An effective easement program involves periodic inspection to ensure that the rights
acquired are protected. The county also has the ability to coordinate this effort with its land
development process for approving subdivisions and building permits. In the event enforcement
action in necessary, the staff responsible for administration of the program and inspection of
property will work with the county attorney. Staff may assist landowners in determining whether
proposed uses or activities are consistent with easement restrictions on particular properties. In
the event that an easement is held jointly by the county and another organization, these
inspection and enforcement efforts would need to be coordinated.
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The local soil and water conservation district may be able to provide assistance in this
regard. The district currently helps landowners to prepare and implement soil and water
conservation plans required by grant program criteria or the state or county guidelines in
conjunction with its land use tax program. It also assists in the design and cost sharing of best
management practices and verified compliance with BMPs and farm management plans.
The county should fund a periodic inspection program but seek as much assistance as
possible in this regard from any organizations holding easements jointly in the county. In
addition, the inspection program should be closely coordinated with, and seek the assistance of
the soil and water conservation district, or other appropriate agency, where applicable.
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Stafford County
Purchase of Development Rights (PDR) Program
Frequently Asked Questions
1. What is a “Purchase of Development Rights” program?
It is a program that permits a locality to pay a landowner to prevent land from further residential development. The
landowner retains ownership of the land and may maintain the existing use, such as agriculture activities, and reside on
the property. An agreement is required between the property owner and the County, and a conservation easement is
placed on the property.
2. Who is eligible for the program?
Any landowner in the County with a minimum of 20 acres of rural land, zoned A-1 or A-2. The program is aimed at
properties located outside of the Urban Service Area, but properties within the Urban Service Area would be eligible.
Several parcels under the same ownership can be combined to reach the minimum acreage. The property must be capable
of being subdivided or developed for non-agricultural uses without legislative approval. Other eligibility requirements
may apply.
3. How is the program funded?
The Board of Supervisors currently uses funds from the County’s rollback tax, and applies for matching funds through
various state and federal programs, including Virginia Department of Agriculture and Consumer Services, Virginia Land
Conservation Foundation, U.S. Department of Agriculture, and U.S Department of Defense (for Marine Corps Base
Quantico buffering). The Board may authorize other methods of funding at their discretion.
4. What restrictions will be placed on my property?
The landowner and the County will determine restrictions based on the individual property characteristics, but will include
limitations on further residential development. Typically, one home can be included on an easement property. Other
restrictions may include limitations on further subdivision of the property, a cap on impervious surfaces, and disturbance
of riparian buffers.
5. Can my property be subdivided?
The property owner will be restricted to family subdivisions, boundary line adjustments, or a predetermined number of
subdivided lots based on the overall acreage.
6. Do I have to include my entire property in the program?
No. Certain areas could be excluded as long as they are determined at the onset of the program. However, a survey of the
easement area may be required at the expense of the landowner.
7. Will the development rights be held in perpetuity?
Yes. As currently stated in the PDR ordinance, the development rights will be held in perpetuity.
8. Is the program mandatory?
No. Interested property owners voluntarily apply to the program at their discretion.
9. Will the County still implement the land use taxation program?
Yes, the land use taxation program will still be in use. The PDR program will not replace the land use program. It is
simply another option for landowners to consider.
10. What are the benefits to the property owner?
The program creates a financially competitive alternative to selling land for development and allows continued
agricultural/silviculture activities. Landowners may live on the property and retain open space and other conservation
values, including environmental and cultural resources protection. Additionally, there may be significant tax advantages.
Property owners should contact their own tax advisor for more information regarding tax advantages.
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11. What are the benefits to the County and/or the residents?
The preservation of lands contributes to the quality of life of citizens, including, but not limited to, the following:
• Reduces residential growth in the Agricultural/Rural areas of the county;
• Reduces built infrastructure costs and services (i.e. schools, roads, water/sewer and emergency services)
• Diversifies our economic base by supporting agriculture/silviculture activities;
• Ensures local community-based food production capability;
• Safeguards the quality of our local waters and the Chesapeake Bay;
• Provides habitat for wildlife and other sensitive resources;
• Preserves our history;
• Provides recreational and open space areas; and
• Enhances tourism opportunities
These values and goals are reflected in the Comprehensive Plan for Stafford County.
12. What steps are necessary to apply to the program?
Once the County announces a new application round, an application would be submitted to the County’s PDR
Administrator. The applicant would need to provide information with the application, such as a boundary survey or plat
of the property, and deed information. The application and other information, including a checklist, will be available on
the County’s website at the onset of each application round. Property owners should contact their own professional
consultants such as tax advisor or attorney to determine whether this program meets their needs.
13. How would I get paid for the purchase of development rights?
Under the current process, the property owner gets paid cash at the time of closing/recordation of the conservation
easement. Funding is provided by the County, as well as matching funds provided by various agencies.
14. How is the payment amount determined?
An appraisal of the property is conducted by a qualified appraiser hired by the County to determine the value of the
easement.
15. How many properties have enrolled in the program?
As of January 2022, 12 properties totaling 1,035 acres have been conserved through the program. A total of 273
development rights have been retired.
16. When is the next application round?
The County’s next application period begins in July, 2022, with the application deadline of September 30, 2022.
17. How long does the PDR process take?
Once an application is submitted, it takes 2-3 months to rank applications and have the Board of Supervisors authorize
staff to proceed with negotiations with a property owner. Then it could take between 12-18 months once a property owner
is notified of available funds. Based on the number of applications received and the amount of funds available, it may take
2-4 years for all properties to complete the process.
18. Where do I find more information?
You may contact the following County staff:
Kathy Baker, PDR Administrator
kbaker@staffordcountyva.gov or 540-658-8675
Information is also found on the County’s Agricultural and Land Conservation Committee web page, including contact
information for the PDR Committee members: https://staffordcountyva.gov/government/departments_p-
z/planning_and_zoning/purchase_of_development_rights_program/index.php
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Conservation Easement Authority
Agenda Item Detail
Meeting Date: September 28, 2023
Agenda Section: Presentation on Purchase of Development Rights
Title: Discussion
Attachments:
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