Western Loudoun Rural Uses and Standards ZOAM Ad Hoc Committee Meeting - October 19, 2026

The Western Loudoun Rural Uses and Standards Ad Hoc Committee met on October 19, 2026, to continue its detailed review of proposed Zoning Ordinance amendments. The meeting focused on defining agricultural terms, creating a tiered system for agricultural uses, establishing verification processes for bona fide agricultural production, and setting standards for agricultural processing. The committee made significant progress, voting on a series of motions to refine staff draft language, often deviating from initial proposals to better support local farming operations.

Consent Calendar

• The committee approved the meeting minutes from September 29, 2026, with amendments addressing errors in attribution, word choice corrections ("received" vs. "questioned"), and inconsistencies in how voice votes were recorded across the document.

Disclosures

• Bill Hatch disclosed that his family owns and operates a farm in Western Loudoun that would be affected by the provisions under discussion.
• Mark Miller disclosed that on October 1, 2026, he had met with staff and stakeholders to discuss the draft language before the committee.

Discussion: Agricultural Definitions (Motions 27 & 30)

• Staff presented revisions to replace the existing "agriculture" use with "agricultural production" and add a definition for "agricultural products."
• Committee members Eric Combs and Beth Erickson found the draft definitions of "agricultural production" and "agricultural products" to be circular, where each term simply referred to the other. Eric Combs advocated for rooting the "agricultural products" definition in the state's Right to Farm Act (Va. Code § 3.2-300) rather than the agritourism liability code to eliminate this circularity. Staff had combined language from multiple code sections.
• A significant debate centered on the exclusion of "direct market retail or wholesale" of agricultural products from the "agricultural production" definition. Beth Erickson, Bill Hatch, and Dale Myers argued that on-farm sales to clients (e.g., purchasing meat from a freezer, CSA pickups) is a standard and essential practice for working farms in Loudoun County. The committee stressed that this activity should remain clearly permitted, where the staff draft had struck it out with the intent to move it to "agritourism."
• Dale Myers criticized the "30-day" requirement for active agricultural activity and specific material exclusions, calling them unrealistic for standard agricultural practices like preparing fallow fields.
• The committee found that the staff's draft was not consistent with the board's direction in Motions 27 and 30.

Discussion: Bona Fide Agricultural Production (Motions 18 & 28)

• Staff outlined a shift in the verification process, removing the Loudoun Soil and Water Conservation District from a "de facto zoning approval" role and placing it with the Zoning Administrator in consultation with Virginia Cooperative Extension.
• Staff announced they were removing proposed minimum acreage limitations (1.5 acres for silviculture, 20 acres for others) due to complications with state requirements and the potential for creating expensive hurdles for small-lot farmers.
• The verification timeline was a major point of contention. A motion by Dale Myers to align the re-verification of bona fide agricultural production with the Land Use Assessment Program's cycle (every 6 years) passed (5-3). Robin-Eve Jasper led the opposition, arguing that a 6-year cycle was too long to effectively prevent abuse of exemptions, particularly in environmentally sensitive areas like the Mountainside Overlay District. She expressed concern that the Land Use program's initial certification does not guarantee active inspection.
• Robin-Eve Jasper successfully passed a subsequent motion requesting staff to provide the committee with a detailed breakdown of the practical verification procedures used by the Commissioner of Revenue's office.
• The committee supported the distinction between general agricultural production and "bona fide agricultural production," which acts as a gateway for exemptions and higher-tier agricultural uses.

Discussion: Agricultural Operation (Motion 29)

• Staff presented the new "Agricultural Operation" tier, defined consistently with state code (Va. Code § 3.2-300). To qualify for this use, a farm must first be verified as "bona fide agricultural production."
• Staff introduced a "tier chart" showing the hierarchy: Agricultural Production -> Bona Fide Ag Production -> Agricultural Operation. This chart clarifies the building blocks and was praised by the committee.
• The committee unanimously found the definition of "agricultural operation" consistent with board direction, with the understanding that the list of accessory uses (such as guest ranches and small-scale restaurants) in Section 4.0803(D) was incomplete and would be finalized for the next meeting.

Discussion: Agricultural Processing (Motions 42, 43, 44)

• Staff presented a framework distinguishing between processing as part of agricultural production, accessory agricultural processing, and principal agricultural processing.
• The sourcing requirement for accessory processing was extended to a 50-mile radius, following a motion to match the principal processing standard.
• The committee revised the building size allowances to decouple cold storage from the main processing area. Cold storage was capped at a maximum of 5,000 square feet and is not counted towards the overall structure size limit.
• The committee moved to add explicit language that Section 4.08.12 (Agricultural Processing) does not apply to ABC-regulated uses such as farm wineries, limited breweries, and distilleries, to avoid conflicting regulations.
• Dale Myers requested documentation on how the specific square footage limits (2,500, 10,000, 15,000) and cold storage caps were derived, indicating the numbers seemed arbitrary.

Key Outcomes

• Motion 1 (Unanimous): Found staff's draft for Motions 27 & 30 inconsistent with board direction regarding definitions and sales permissions.
• Motion 2 (Unanimous): Directed staff to add explanatory text to agricultural use categories to help lay readers distinguish between them.
• Motion 3 (Unanimous): Directed staff to develop language for a new section or standards clarifying permissible sale and distribution activities (direct sales, wholesale, third-party sales) for agricultural products.
• Motion 4 (Unanimous): Directed staff to root the definition of agricultural products within the "agricultural production" definition, referencing the state's Right to Farm Act.
• Motion 5 (Unanimous): Directed that all defined terms in the draft text be capitalized for clarity.
• Motion 6 (Passed): Recommended the Planning Commission review the prohibition on animal husbandry on cluster subdivision lots (Dale Myers opposed, citing scope).
• Motion 7 (Unanimous): Found staff's draft for Motion 18 consistent (moving verification from Soil & Water to Zoning/VCE).
• Motion 8 (Passed 5-3): Aligned the re-verification timeline for Bona Fide Agricultural Production with the county's Land Use Assessment Program cycle.
• Motion 9 (Unanimous): Directed staff to add an explanatory clause to the "bona fide agricultural production" section explaining its distinction from general agricultural production.
• Motion 10 (Passed): Information request for staff to report back on the Commissioner of Revenue's specific verification procedures for the Land Use Assessment Program.
• Motion 11 (Unanimous): Found the definition of "Agricultural Operation" (Motion 29) consistent with board direction.
• Motion 12 (Unanimous): Found the agricultural processing framework (Motions 42, 43, 44) consistent with board direction, with specific revisions: (a) Cold storage capped at 5,000 sq. ft. and excluded from main floor area limits; (b) Exclusion of ABC-regulated uses from the section; (c) Extension of the 50-mile sourcing radius to accessory agricultural processing.
• The committee requested staff create master comparison charts of all proposed agricultural uses and tiers for the next meeting.