On Thursday, planning commissioners will consider a zoning text amendment that would impact the division of agricultural land in Orange County.
The issue is one that has long been discussed with the policy changing throughout the years. Beginning in 1989, the county operated on a four in four policy–allowing the division of a parcel into four lots every four years. Supervisors felt it was too loose of a requirement and in 2008 it was amended to one division every four years. That policy was tossed in 2012 following a lawsuit that ruled it a violation of the state’s Dillon Rule. Judge Paul Peatross ruled that the Virginia Assembly had not granted localities the authority to base a subdivision ordinance on timed phasing, voiding the policy and securing a victory for Diane and Jimmy Strong, residents who had plans to develop a 65-lot subdivision in Barboursville. According to county attorney Phillip Strother, the ruling was made because the regulation was in the subdivision ordinance, not the zoning ordinance where it should have been. He said the ability to regulate the division of lots is valid when in the zoning ordinance.
Since then, agricultural land in Orange County has been divided into two acre lots with no specific maximum for the amount of divisions allowed. Neighboring counties are more restrictive, capping divisions from 10 in Spotsylvania to two plus residue in Culpeper.
“We have the loosest restrictions compared to neighboring counties,” District 3 Commissioner Jordan Marshall said.
As part of an ongoing zoning ordinance overhaul, work started in 2024, county officials are refining each individual section of the regulatory document. In December, the still often discussed and contested technology zoning ordinance was approved as part of the process. Supervisors have since discussed the agricultural zoning district several times and in late August referred the issue of by-right land divisions in the district to the planning commission for recommendation stating they’d like to maintain a two acre minimum lot size.
In October, commissioners discussed various options, ultimately proposing a maximum of eight lots, including the existing residual lot, and keeping the two acre minimum lot size except for in cluster developments and manufactured home parks. The eight lot maximum also does not apply to family subdivisions which are a single division of a lot for the purpose of selling or gifting it to an immediate family member. The eight lots can also not be divided further.
“It’s a simple, basic approach to dividing agricultural land,” District 2 Commissioner Brandon Van Hoven said.
He said the proposed language gives a jumping off point for future considerations. The commission opted to focus only on the subdivision of land, setting aside relevant conversations about water, sewer and roads for another time.
The proposed zoning text amendment will be the subject of a planning commission public hearing Thursday, Nov. 5 at 6 p.m. at the county public safety building, 11282 Government Center Drive, Orange.
