Planning commission backs renewals, additions and one withdrawal for New Kent County agricultural and forestal districts

The New Kent County Planning Commission on June 16 voted to forward favorable recommendations to the Board of Supervisors for five agricultural and forestal district (AFD) renewals and additions and approved one withdrawal that would allow a family subdivision.

Patrick Silva, principal planner with the county Department of Community Development, told commissioners staff recommended approval of each item after finding no conflict with the county comprehensive plan and no adverse public-safety impacts. "Staff recommends approval of the withdrawal request" and of the renewal and addition petitions, Silva said during presentations.

The actions matter because AFD enrollment affects tax treatment and protections for agricultural and forestry uses and because withdrawal before a district’s expiration can trigger rollback taxes. Silva told the commission that a withdrawal prior to a district’s scheduled expiration would be subject to rollback taxes under the Code of Virginia (section cited in staff materials as 58.1-3237).

Key actions and details

- Withdrawal: Commissioners approved forwarding a favorable recommendation for a request by Howard W. Junior and Donna S. Brady to withdraw Tax Map Parcel 37-4 (about 67.7 acres) from the Warren High Swamp AFD so the owners can complete a family subdivision and gift about 17.92 acres to their daughter. The motion passed with seven votes in favor and one abstention (Commissioner Moyer).

- Renewals: The commission recommended renewing four AFDs for 10 years (until Aug. 31, 2035): Higgins Swamp AFD (10 parcels, ~682.92 acres), Putney Creek AFD (33 parcels, ~3,339.34 acres; staff noted one parcel, owned by Ronald and Joanne Durrer—about 24.5 acres—declined to re-enroll and will be removed), Pelham Swamp AFD (38 parcels, ~3,258.8 acres; staff reported two parcels owned by Janet Dunham had not yet responded and would be reenrolled by default if still unresponsive), and the larger Putney/Pelham districts as described in staff materials. Each renewal was recommended unanimously by the county AFD advisory committee and forwarded with a favorable recommendation; motions carried with seven ayes and one abstention by Commissioner Moyer in the roll calls recorded on the agenda.

- Additions: The commission recommended adding parcels to two AFDs. The Tidewater and Big Bend Foundation sought to add Tax Map Parcel 13-5A (about 23.2 acres) to Holtz Creek AFD; staff reported the parcel contains roughly 16.5 acres of pasture, 3 acres of marsh/wetlands, 3.6 acres of forest, and a 0.2-acre home site and is used to graze roughly 35 Belted Galloway cattle. A separate request by T.C. and C.H. Evelyn Junior sought to add four parcels totaling about 284.22 acres to the Pelham Swamp AFD (breakdown: 22-61C = 30.9 acres; 22-58 = 4.87 acres; 22-59 = 12.92 acres; 11-39 = 48.2 acres; 22-52 = 187.33 acres). Staff reported the smaller parcels are planned for timbering under an included forest management plan; the largest parcel includes a 6-acre pasture used to grow hay.

What staff and commissioners emphasized

- Eligibility and administration: Silva and commissioners clarified the local and tax aspects of AFD enrollment. Planning staff administers the enrollment and renewal process (confirming landowners’ desire to remain in the program and preparing recommendation resolutions). The Commissioner of the Revenue separately verifies tax-break eligibility by requesting management plans or other documentation (for example, forest-management plans, USDA reports, or agricultural income records).

- Forestry credentials and documentation: Commissioners asked what qualifies as a forest-management report. Silva said the county does not require a particular professional credential for submitted reports but that many landowners use the Virginia Department of Forestry or the agency’s recommended list of consultants; planning staff evaluates submitted plans for sufficient detail to confirm silvicultural practices if follow-up is required.

- Program thresholds and district health: Silva reminded the commission that a district must contain at least 200 contiguous acres (which can be one parcel or combined parcels) and that, countywide, 38.83% of A1-zoned land is currently enrolled in AFDs. Staff noted the proposed withdrawals or additions would not reduce any district below the 200-acre minimum.

Public participation and next steps

No members of the public signed up to speak on any of the AFD items during the meeting. The Planning Commission’s favorable recommendations will be transmitted to the New Kent County Board of Supervisors for final action; staff noted renewals and additions would be considered by the board in an order intended to allow a district renewal to be adopted before any additions take effect.

Commissioners recorded generally procedural questions and acknowledged the AFD Advisory Committee’s unanimous recommendation for each petition that advanced. Several commissioners thanked staff for the packet materials and confirmed follow-up steps for nonresponsive parcel owners in the Pelham Swamp renewal.

The commission adjourned after finishing the six AFD hearings. The items will next appear on the Board of Supervisors agenda for final consideration.