Montgomery County, VA Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- Governing section
- Montgomery County Code § 10-21
- Base height limit
- 40 feet
- Extra setback per foot over
- 2 feet
- Max. required setback
- 100 feet
- Above-limit permit
- Special use permit, Board of Supervisors
Summary
Montgomery County caps buildings in the A-1 Agricultural District at 40 feet, but a structure can go taller with a special use permit if it adds two extra feet of setback for every foot over 40, up to a 100-foot maximum setback, per County Code § 10-21.
Maximum building height. No building or structure, except for exempted structures provided for in section 10-2(5)(b) of this chapter, shall exceed forty (40) feet in height, as defined, except by special use permit and that for every one (1) foot above forty (40) feet, the building or structure shall be set back an additional two (2) feet up to a maximum of one hundred (100) feet.
Full Breakdown
Section 10-21's building requirements set the A-1 Agricultural District's maximum height at 40 feet, with an exception for structures exempted under section 10-2(5)(b), the chapter's exemption for antennas under 75 feet, cupolas, barns, silos, farm buildings, chimneys, flagpoles, water tanks, monuments and similar mechanical appurtenances not taller than their distance to the nearest lot line. Going above 40 feet outside that exemption requires a special use permit from the board of supervisors, and the ordinance ties the extra height to extra setback: for every foot above 40 feet, the building must be set back an additional 2 feet, up to a maximum required setback of 100 feet.
The district's special-use-permit list separately names 'structures over forty (40) feet in height' as a use requiring board approval, so a tall barn-style building outside the farm exemption, a communications structure or another oversized building has to clear that review before construction. The 40-foot base limit and its setback trade-off apply on top of the district's standard 40-foot front and rear yards and 15-foot side yards.
Violations & Fines
A structure built over 40 feet without the required special use permit, or without the added setback the height increase requires, is a zoning chapter violation under section 10-52: the zoning administrator issues a written notice of violation with up to 30 days to correct it, a second notice allowing 7 more days, and an uncorrected violation prosecuted as a Class 2 misdemeanor punishable by up to $1,000 per offense, escalating to $1,500 and then $2,000 for each following 10-day period. A civil track is also available, $200 for the first summons and $500 per additional summons, capped at $5,000.
Frequently Asked Questions
How tall can a building be in Montgomery County's A-1 district?
Are farm buildings exempt from the 40-foot height limit?
What triggers the special use permit for height?
Sources & Official References
Other rules in Montgomery County
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