Enabling statute

Virginia

Title 15.2 (Counties, Cities and Towns), Chapter 22 (Planning, Subdivision of Land and Zoning), Article 7 (Zoning)

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Summary

Virginia is a Dillon Rule state, so localities possess no inherent zoning power and exercise only the authority expressly delegated by the General Assembly. That delegation is made in Title 15.2, Chapter 22, Article 7 of the Code of Virginia, beginning at § 15.2-2280. The operative grant in § 15.2-2280 empowers "any locality" (counties, cities, and towns) to divide its territory into districts by ordinance and to regulate, restrict, permit, prohibit, and determine land use, structure dimensions, lot/open-space dimensions, and resource extraction; § 15.2-2283 sets the public-welfare purposes the ordinance must serve, and § 15.2-2286 enumerates the permitted ordinance provisions and amendment procedures. Zoning authority thus rests at the county and municipal level via state delegation, not at the state level.

The delegation

§ 15.2-2280. Zoning ordinances generally. Any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of this article, and in each district it may regulate, restrict, permit, prohibit, and determine the following: 1. The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses; 2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures; 3. The areas and dimensions of land, water, and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; or 4. The excavation or mining of soil or other natural resources. § 15.2-2283. Purpose of zoning ordinances. Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable: (i) to provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers; (ii) to reduce or prevent congestion in the public streets; (iii) to facilitate the creation of a convenient, attractive and harmonious community; (iv) to facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; (v) to protect against destruction of or encroachment upon historic areas and working waterfront development areas; (vi) to protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic or other dangers; (vii) to encourage economic development activities that provide desirable employment and enlarge the tax base; (viii) to provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; (ix) to protect approach slopes and other safety areas of licensed airports ...; (x) to promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; (xi) to provide reasonable protection against encroachment upon military bases, military installations, and military airfields ...; and (xii) to provide reasonable modifications in accordance with the Americans with Disabilities Act of 1990 ... or state and federal fair housing laws, as applicable.

Verification

Read the verification audit

Verified against the official Virginia legislative code (law.lis.virginia.gov), with cross-checks on Justia and FindLaw. (a) Real, current statute: Va. Code § 15.2-2280, § 15.2-2283, and § 15.2-2286 are all real and currently in effect. The official source shows a 6/14/2026 currency date and amendments through the 2025 session (e.g., § 15.2-2286 reflects 2025 c. 519). None are repealed. (b) Genuine zoning enabling authority: Confirmed. § 15.2-2280 ("Zoning ordinances generally") is the operative grant, sitting in Title 15.2 (Counties, Cities and Towns), Chapter 22 (Planning, Subdivision of Land and Zoning), Article 7 (Zoning) — exactly as claimed. Its text grants "Any locality may, by ordinance, classify the territory under its jurisdiction ... into districts" and to regulate/restrict/permit/prohibit/determine land use, structure dimensions, and lot/open-space dimensions. § 15.2-2283 ("Purpose of zoning ordinances") sets the public health/safety/general welfare purposes. § 15.2-2286 ("Permitted provisions in zoning ordinances; amendments...") enumerates permitted ordinance provisions and amendment procedures. The "et seq." framing of Article 7 beginning at § 15.2-2280 is accurate. (c) Authority model accurate: Confirmed. Virginia is a well-established Dillon Rule state; localities have only the zoning power expressly delegated by the General Assembly. The enabling statute grants power to "any locality" — counties, cities, and towns — making county_and_municipal (Dillon Rule delegation to localities) correct. Authority rests at the local level via state delegation, not the state level. The summary is accurate, including the minor note that § 15.2-2280 also addresses resource extraction (the statute covers use of land for agricultural, business, industrial, residential, flood plain "and other specific uses"; mineral/resource extraction is among regulable uses). No corrections needed.