Hampton, VA Building Safety: Building Permits (2026)
Key Facts
- Site plan
- not required for 1-2 family decks
- Conditions
- no green-area loss, outside CBPA
- Building permit
- still required under Ch. 9
- Unpermitted work
- misdemeanor, fine up to $2,500
Summary
Decks and patios added to a one- or two-family home in Hampton skip the city's separate site plan review under Chapter 35.1, but the exemption doesn't excuse a building permit: the deck still has to satisfy Chapter 9's building code and zoning setbacks.
(ii)One-family, two-family and duplex dwellings and accessory buildings or accessory structures to such dwellings, except as may be otherwise regulated or prohibited under other applicable provisions of the zoning ordinance or City Code. ... (3)Ornamental and accessory structures and façade improvements. Ornamental structures or façade improvements, including but not limited to bay windows, chimneys, canopies, decks (covered and uncovered), vestibules, loading docks, and mechanical equipment.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Hampton City Code § 35.1-2.2 exempts one-family, two-family and duplex dwellings and their accessory structures from the site plan approval that would otherwise be required before a building, zoning, right-of-way or infrastructure permit is issued. Decks, covered or uncovered, are separately listed among the ornamental and accessory structures exempt from site plan review, so long as the project doesn't tie into public infrastructure, doesn't cut existing green area, and sits outside the Chesapeake Bay Preservation District. Exemption from site plan review is not exemption from the rest of the code: Sec. 35.1-2.2(D) keeps every exempt project subject to Chapters 9 (building code), 33.3 (stormwater) and 41.1 (wetlands), so a building permit from the building official is still required for most deck construction.
Violations & Fines
Building a deck without the required building permit is enforced as a Ch. 9 building-code violation: a misdemeanor punishable by a fine of up to $2,500, with the court able to order the work brought into compliance (Sec. 9-2).
Frequently Asked Questions
Do I need a site plan to build a deck in Hampton?
Does that mean I can build a deck without any permit?
Sources & Official References
Other rules in Hampton
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