The Department of Taxes will review the eligibility for an AOFB to operate on land enrolled in Current Use on a case-by-case basis. They will determine, among other things, the size, scope, and infrastructure needs of the AOFB. Please see the Current Use website for more details and contact information.
If your business is on conserved land or under an easement, you need to consult with the land trust to ensure you are complying with any applicable regulations.
AOFBs are still required to comply with Act 250 where applicable; that will vary based on the details of each AOFB. An Act 250 permit may be required when a farm constructs or renovates a structure to house an AOFB. Contact your Act 250 District Coordinator for more information on this topic or to request a Jurisdictional Opinion.
AOFB do not require a farm to have a farm determination, unless the municipality requires it. If a farm or municipality requests, VAAFM can offer an official farm determination based on thresholds established in the Required Agricultural Practices (RAPs). Receiving a farm determination does not override the need to consult your town. Importantly, farms do not need a farm determination to engage in farming activities, unless required by their local municipality.
The municipality decides whether to require site plan review for pre-existing AOFBs. Factors that the municipality may consider include:
Is the business already permitted, or was a determination made that no permits were required (the business was “grandfathered in”)?
Will or has the operation or land use changed since initial review/decision by the municipality?
Site plan review is part of municipal permitting process. It allows the municipality to evaluate the suitability of the site, focusing on access, internal circulation, and parking for vehicles; landscaping and screening; exterior lighting and sign design. The review may also include other matters as specified in the local land use bylaws, including performance standards adopted for similar commercial uses.
The process is usually as follows:
