143 local rules on file · Pop. 42,312 · Fairfax County
Showing ordinances that apply to Burke, VA
Burke is an unincorporated community with a population of approximately 42,312 in Fairfax County, Virginia. Because Burke is not an incorporated city, it does not have its own municipal government or city code. Instead, Fairfax County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Fairfax County may have different rules.
Fairfax County does not permit open burning of yard waste year-round under Chapter 119 (Air Pollution Control). Virginia's statewide 4 PM Burning Law (§10.1-1142) applies February 15 through April 30 within 300 feet of woodland. The Virginia Department of Forestry and the Fairfax County Fire Marshal can impose additional burn bans during drought or elevated fire danger.
Fairfax County requires smoke alarms in all residential dwellings under the Virginia Uniform Statewide Building Code (USBC) and Statewide Fire Prevention Code. New construction requires hardwired, interconnected alarms with battery backup in every sleeping room, outside each sleeping area, and on every story. Existing homes must have working alarms per SFPC Section 1103. Rental properties require functional alarms before occupancy.
These unincorporated areas are also governed by Fairfax County ordinances.
Fairfax County does not impose formal defensible-space or Wildland-Urban Interface (WUI) brush clearance distances like western states, but overgrown vegetation can be abated under County Code Chapter 119 (Air Pollution) and property maintenance ordinances. Grass over 12 inches on improved lots is a violation. VDOF and Fire Marshal recommend voluntary Firewise USA practices near wooded areas of Great Falls, Clifton, and western Fairfax.
Fairfax County prohibits using any RV, camper, or mobile home for habitation on public streets. Residential street parking of RVs for habitation is prohibited. Storage on private property is generally permitted if not used for habitation.
Fairfax County regulates street parking under the Fairfax County Code, with enforcement by the Police Department. Vehicles may not be parked on a public street for more than 72 consecutive hours without moving. Certain residential streets are designated Residential Permit Parking Districts (RPPD) where only permitted vehicles may park during restricted hours. State law under VA Code §46.2-1200 et seq. provides additional regulation.
Detached garages are allowed as accessory structures in all residential zones in Fairfax County, subject to setbacks (typically 5–10 ft from side/rear lines), height limits (15 ft or principal structure height), and lot coverage caps. Building permits are required. Detached garages may be converted to ALUs under the 2021 zMOD rules with additional permits. HOA architectural review typically required.
Fairfax County Zoning Ordinance allows accessory sheds on residential lots, with setbacks and size limits varying by zone. Sheds 256 square feet or smaller and not on a permanent foundation are exempt from building permits under the Virginia USBC, but still must comply with zoning setbacks (typically 5–10 ft from side/rear property lines) and may not be placed in front yards.
Fairfax County treats a carport as a freestanding accessory structure under the Zoning Ordinance (Chapter 112), Article 4 use rules and Article 5 dimensional standards. A building permit is required for any structure over 256 square feet. Setbacks vary by zoning district (Article 2). On lots 36,000 sq ft or less, freestanding accessory structures are not permitted in any front yard.
Fairfax County does not allow detached backyard tiny homes on most residential lots. The Zoning Ordinance treats a second dwelling as an Accessory Living Unit (ALU); interior ALUs require an administrative permit while detached ALUs require a special permit on lots of 2 acres or more. All construction must meet the Virginia Uniform Statewide Building Code (13VAC5-63).
Fairfax County permits Accessory Living Units (ALUs) under Zoning Ordinance Section 4102.7. Interior ALUs (within the principal dwelling) may be approved by administrative permit; detached ALUs require a Special Permit from the Board of Zoning Appeals and a minimum 2-acre lot. Owner-occupancy of either the principal dwelling or the ALU is mandatory.
Fairfax County caps short-term lodging at 6 adult guests (lodgers) per night, regardless of home size. Children under 12 are not counted toward this limit. Maximum 2 guest vehicles on the property. No more than 60 nights per calendar year when the operator is not on-site. Gatherings, parties, or events involving non-lodgers are prohibited. Violations can result in permit revocation.
Fairfax County STR operators must collect Transient Occupancy Tax (TOT) of 4% on gross rental receipts, plus Virginia state sales tax of 5.3% and regional transportation tax of 0.7% (NVTA), for a total tax burden of 10% on the room rate. Airbnb and Vrbo collect and remit state sales and county TOT automatically for most listings, but operators remain legally responsible for compliance and must register with the Department of Tax Administration.
Short-term rental operators in Fairfax County must provide off-street parking for guests and cannot rely on neighborhood street parking. The county zoning ordinance limits guest vehicles to preserve residential character.
Short-term rental operators in Fairfax County must comply with the county Noise Ordinance, including 10 PM to 7 AM quiet hours. Hosts are responsible for guest behavior and noise complaints.
Fairfax County limits the number of nights a primary residence can be rented short-term each year. Annual night caps protect residential neighborhood character and prevent de facto hotel use under Zoning Ordinance Section 6-409.
Fairfax County requires short-term lodging to occur in the operator primary residence. Non-owner-occupied investment STRs are not permitted in most residential zoning districts under Zoning Ordinance Section 6-409.
Fairfax County requires short-term lodging operators to carry liability insurance covering guest stays. Standard homeowner policies often exclude commercial rental activity, so operators must obtain dedicated STR coverage under Zoning Ordinance Section 6-409.
Fairfax County requires a Short-Term Lodging (STL) Zoning Permit before advertising or operating any rental of less than 30 days. Permit fee is $270, valid 2 years. Property must be operator's primary residence (≥185 days/year). Cap of 60 rental nights per calendar year.
Fairfax County requires a Short-Term Lodging (STL) Zoning Permit before advertising or operating any rental of less than 30 days. Permit fee is $270, valid 2 years. Property must be operator's primary residence (≥185 days/year). Cap of 60 rental nights per calendar year.
Residential backyard composting is allowed and encouraged in Fairfax County. There is no permit required for typical home composting of yard waste, fruit, and vegetable scraps. Composting must not create odors, vermin attraction, or runoff that constitute a nuisance under Chapter 119. The County operates a Food Scraps Composting Program at farmers' markets and offers compost bin rebates.
Fairfax County has some of Virginia's strictest tree protection rules. The Tree Conservation Ordinance (Chapter 122, Article 12) requires permits for removal of trees in conservation areas, tree preservation easements, Resource Protection Areas (RPAs), and on lots subject to site-plan tree coverage requirements. Individual mature trees on private single-family lots without easements are generally exempt, but Chesapeake Bay Preservation Ordinance applies in RPAs.
Fairfax County Code Chapter 119 (Property Maintenance) limits grass, weeds, and other uncultivated vegetation to 12 inches on improved residential lots. Violations trigger a written notice, and if uncorrected, the County may abate (mow) the property and assess costs as a lien. Natural/native landscaping is generally allowed with proper maintenance and documentation.
Fairfax Water (the County's primary utility) and Virginia American Water operate under drought response plans approved by the Virginia DEQ. During voluntary or mandatory drought stages, outdoor water use — lawn irrigation, car washing, filling pools — may be restricted. Fairfax County Code Chapter 103 authorizes emergency water conservation mandates with civil penalties up to $500 for violations.
Fairfax County maintains an active invasive plant management program. The Invasive Management Area (IMA) program, under the Park Authority, lists regulated species. Virginia's noxious weed law (VA Code §3.2-800 et seq.) requires landowners to control specified noxious weeds including Johnson grass, Canada thistle, and kudzu. The County encourages removal of English ivy, bamboo, tree-of-heaven, and Bradford pear through education and some programmatic support.
Fairfax County Zoning Ordinance Article 4 allows Home-Based Businesses (formerly "Home Occupations") as accessory uses in residential zones. Type 1 (minor) home businesses are allowed by-right without a permit; Type 2 (with clients/employees on-site) requires a Home Occupation Permit. All home businesses must be clearly secondary to residential use, occupy limited floor area, and not change the residential character of the dwelling or neighborhood.
Fairfax County strictly limits client visits to home businesses. Class A Home Occupation Permits prohibit all on-site clients. Class B permits allow limited appointments only, typically capped at 4 clients per day, with no walk-ins permitted. No more than one client vehicle may be on-site at any time, and appointments must not generate traffic or parking demand inconsistent with a residential neighborhood.
Fairfax County prohibits all exterior signage for home occupations. Zoning Ordinance §4102 and Article 7 (Signs) explicitly bar any sign, placard, or display visible from outside the dwelling that identifies a home-based business. This includes window signs, yard signs, magnetic vehicle signs parked on the property, and illuminated displays. The home must appear indistinguishable from a purely residential dwelling.
Virginia's Home Food Processing (Cottage Food) exemption under VA Code §3.2-5130 allows home production and direct sale of specified non-potentially-hazardous foods (baked goods, jams, jellies, candies, dried herbs) without a food establishment permit, subject to labeling requirements. Fairfax County home-business zoning rules still apply: no retail walk-in sales, no signage, no customer visits above Type 2 limits. Online and farmers' market sales allowed.
Fairfax County prohibits keeping wild, exotic, or dangerous animals as pets, consistent with Virginia Code §3.2-6582. This includes big cats, primates, venomous reptiles, wolves/wolf hybrids, bears, and most non-domesticated species. Limited reptiles and some exotic birds are allowed.
Fairfax County does not set a specific numerical limit on dogs or cats per household, but households with 4 or more dogs require a Commercial Kennel Permit or must demonstrate the animals are not causing a nuisance. Zoning ordinances may impose additional limits in certain districts.
Fairfax County requires all dogs to be on a leash (or under direct voice control on the owner's own property) at all times when off the owner's premises. Running at large is prohibited throughout the county under Chapter 41.1 of the County Code.
Livestock (cattle, horses, goats, sheep, pigs) in Fairfax County require at least 2 acres of land, with additional acreage required per animal. Pigs face especially strict rules. Most of the county's R-1 through R-20 residential zones prohibit livestock entirely.
Backyard chickens in Fairfax County are only permitted on residential lots of at least 2 acres. Roosters are prohibited on lots smaller than 5 acres. Smaller residential lots (under 2 acres, which is most of the county) cannot keep chickens regardless of quantity.
Beekeeping is permitted in Fairfax County on residential lots subject to zoning setbacks and registration with the Virginia State Apiarist. Hives must be set back from property lines, and water sources should be provided on-site to prevent bees from bothering neighbors.
Fairfax County does not impose any breed-specific restrictions. Virginia Code §3.2-6540.1 preempts local breed bans and mandates that dangerous-dog determinations be made solely on individual behavior, not breed. All dog breeds are legal to own in Fairfax County subject to standard licensing.
Fairfax County prohibits feeding deer, bears, coyotes, and foxes under county ordinance and state regulation. Bird feeding is permitted but may be restricted if it attracts bears or creates nuisance. The county contracts licensed trappers for aggressive wildlife; residents must not trap without permit.
Fairfax County Code Chapter 12 prohibits keeping animals in numbers or conditions that cause neglect, suffering, or unsanitary premises, with Animal Protection Police authorized to seize neglected animals and pursue cruelty charges.
Fairfax County does not mandate microchipping for privately owned pets but microchips all shelter animals before adoption and accepts microchip identification as proof of license under Chapter 12 of the County Code.
Fairfax County does not mandate spay-neuter for owned pets but requires sterilization of all dogs and cats adopted from the county shelter and offers reduced license fees as an incentive for altered animals.
Fairfax County requires cats four months and older to be vaccinated against rabies and licensed annually with the county; outdoor cats must wear identification, and owners are liable for nuisance behaviors.
Fairfax County coordinates with Virginia Department of Wildlife Resources on coyote management, prohibits intentional feeding under Chapter 12, and provides hazing guidance to residents in McLean, Vienna, Reston, and other suburban areas.
Construction noise in Fairfax County is generally permitted Monday through Saturday from 7:00 AM to 9:00 PM and prohibited on Sundays and federal holidays. Emergency repairs and public infrastructure work are exempt. Violations fall under Chapter 108 of the County Code.
Fairfax County prohibits modified exhaust, unnecessary engine revving, loud car stereos plainly audible at 50 feet, and horn use except as a warning. Violations are enforced under Chapter 108 and Virginia Code §46.2-1049 (motor vehicle muffler requirements).
Amplified music, live performance, and public address systems on private property in Fairfax County must not be plainly audible at 50 feet from the property line at any time, and must end entirely by 10:00 PM (9:00 AM start Sunday/holiday). Commercial venues require permits.
Fairfax County prohibits dogs that bark, howl, or make other noise continuously or habitually for 10 minutes or more, or intermittently for 30 minutes or more, when plainly audible across a residential property line. Enforced under Chapter 41.1 (animals) and Chapter 108 (noise).
Fairfax County does not ban gas-powered leaf blowers, but their use is restricted to the construction hours window of 7:00 AM to 9:00 PM Monday-Saturday and is prohibited on Sundays and federal holidays. The sound must not exceed 65 dBA at the property line for sustained operation.
Fairfax County quiet hours run 10 PM-7 AM weekdays and 10 PM-9 AM weekends/holidays (Code Ch. 108.1). Daytime residential cap is 60 dB at the property line; outdoor construction is banned 9 PM-7 AM Sun-Thu, 9 PM-9 AM Fri-Sat. Sound audible inside a closed neighbor's home overnight violates the ordinance.
All pools in Fairfax County deeper than 24 inches must be enclosed by a barrier at least 48 inches (4 feet) tall with self-closing, self-latching gates opening outward. Gaps under the fence cannot exceed 2 inches. Required under Virginia Uniform Statewide Building Code (USBC) and ISPSC.
Virginia has no statutory shared fence cost-sharing law. Each Fairfax County property owner is responsible for fences on their own property. Written agreements between neighbors are the only enforceable mechanism for sharing construction or repair costs.
Fairfax County's Zoning Ordinance limits front-yard fences and walls to 4 feet on most residential lots, while side and rear yards may go up to 7 feet. Lots of two acres or more in R-A through R-1 districts may have fences up to 7 feet in any yard. The Board of Zoning Appeals can grant a special permit to raise a front-yard fence to 6 feet.
Fairfax County requires a building permit from Land Development Services for any private pool, spa or hot tub with a surface area greater than 150 sq ft, capacity over 5,000 gallons, or depth of 24 inches or more. Separate plumbing and electrical permits also apply. All outdoor pools must have a barrier meeting the International Swimming Pool and Spa Code Section 305 (48-inch minimum height).
Fairfax County enforces residential pool barriers under the Virginia Uniform Statewide Building Code (VUSBC, 13VAC5-63), which adopts the International Swimming Pool and Spa Code (ISPSC) Section 305 / IRC Appendix AG105. Outdoor pools, hot tubs, and spas must have a 48-inch barrier with self-closing, self-latching gates that open outward, plus a 3-foot clear zone from any climbable structure.
Fairfax County enforces a juvenile curfew under County Code Chapter 5, generally prohibiting minors under 17 from being in public places between 11 PM and 5 AM (midnight-5 AM on weekends) without a parent or guardian. Virginia Code 18.2-371.2 authorizes local curfew ordinances.
Fairfax County Park Authority parks are generally open from dawn to dusk, with specific closing times posted at each park (commonly sunset or 30 minutes after sunset). Being in a park after hours without authorization is a Class 4 misdemeanor under County Code Chapter 8.
Virginia legalized possession of up to 1 ounce of marijuana and cultivation of up to 4 plants per household for adults 21+ effective July 1, 2021. However, recreational retail sales remain BANNED in Virginia — there are no licensed adult-use retailers. Public use, driving under the influence, and underage use remain illegal.
Virginia legalized adult-use cannabis in 2021 but has not opened the recreational retail market. Fairfax County allows only Cannabis Control Authority licensed pharmaceutical processors, not adult-use dispensaries.
Virginia law allows residents 21 and older to cultivate up to four cannabis plants per household for personal use. Plants must be tagged, hidden from public view, and inaccessible to minors.
Virginia law sets minimum buffers between cannabis facilities and schools, daycares, and similar uses. Fairfax County may impose additional setbacks through its special exception zoning process.
Fairfax County permits state-licensed cannabis cultivation and processing only by special exception in designated industrial and commercial zones, subject to Board of Supervisors review and conditions.
Virginia has not authorized commercial adult-use cannabis delivery. Only registered medical patients can receive deliveries from Cannabis Control Authority licensed pharmaceutical processors under tightly controlled rules.
Trash containers in Fairfax County must have tight-fitting lids, be leak-proof, and generally must be stored out of view from the street except on collection day under Zoning Ordinance and Chapter 109.1. Containers may typically be placed at the curb the evening before collection and must be removed by the end of collection day.
Yard waste collection in Fairfax County is provided seasonally by franchise haulers, typically from March through December. Grass clippings, leaves, branches, and brush must be bundled or bagged in paper bags or approved containers. Virginia Code 10.1-1408.1 bans yard waste from landfills when separately collected.
Fairfax County does not operate countywide municipal trash collection. Most residents contract individually with private franchise haulers such as Patriot Disposal, American Disposal Services, or Republic Services. Collection frequency is typically weekly for trash and weekly or biweekly for recycling, with schedules set by the private hauler and HOA agreements.
Fairfax County requires residential recycling through its franchise haulers under County Code Chapter 109.1. Single-stream recycling is standard, accepting paper, cardboard, metal cans, glass bottles, and most rigid plastics. Virginia's state recycling mandate (VA Code 10.1-1411) requires localities to recycle 25 percent of waste.
Bulk item disposal in Fairfax County is handled through private haulers (typically as an extra-fee service) or via self-haul to the I-66 Transfer Station and I-95 Landfill Complex. There is no free countywide bulk pickup. Mattresses, furniture, and appliances require special handling.
Solar photovoltaic systems in Fairfax County require building and electrical permits under the Virginia Uniform Statewide Building Code, obtained through Land Development Services via the PLUS portal. Residential rooftop solar is by-right in all residential zoning districts. The Virginia Solar Freedom Act (VA Code §67-701) limits HOA ability to prohibit solar absent specific recorded covenants.
Under the Virginia Solar Freedom Act (VA Code §67-701, effective July 2020), HOAs in Fairfax County may not prohibit residential solar installations unless such a prohibition is expressly recorded in the community's declaration. HOAs may adopt reasonable aesthetic restrictions regarding placement but cannot impose rules that significantly reduce system efficiency or increase cost substantially.
Fairfax County includes extensive FEMA-designated flood zones along the Potomac River, Difficult Run, Accotink Creek, Pohick Creek, Cub Run, and their tributaries, primarily mapped as Zone AE (1% annual chance floodplain). Construction in Special Flood Hazard Areas requires a floodplain development permit, elevation to or above Base Flood Elevation (BFE) plus freeboard, and flood insurance for federally-backed mortgages.
Fairfax County enforces the Virginia Stormwater Management Act through its local stormwater management program, requiring water quality and quantity controls for land-disturbing activities over 2,500 square feet (more restrictive than the state 1-acre threshold). Projects must submit stormwater management plans, install best management practices, and provide long-term maintenance. The Chesapeake Bay Preservation Ordinance adds further requirements.
Fairfax County has a robust Tree Preservation and Planting Ordinance under Chapter 122 of the County Code, among the strongest in Virginia. Development projects must preserve existing tree canopy and/or plant new trees to meet canopy coverage requirements — 10-year canopy targets range from 10% (commercial) to 20% (residential). Removal of heritage, specimen, memorial, or street trees requires permits.
Fairfax County Code Chapter 104 requires an approved erosion and sediment control plan before any land-disturbing activity exceeding 2,500 square feet, enforced by Land Development Services inspectors.
Fairfax County adopted a Climate Adaptation and Resilience Plan (CARP) and an Operational Energy Strategy targeting carbon neutrality for county operations by 2040 and community-wide by 2050.
Fairfax County Procurement Resolution and Operational Energy Strategy require staff to favor ENERGY STAR, EPEAT, and recycled-content goods, and to evaluate lifecycle cost rather than lowest sticker price.
Fairfax County uses tree canopy goals, cool roof incentives in Tysons, and stormwater bioretention to mitigate urban heat islands in dense activity centers under the CECAP framework.
Fairfax County has not adopted a gas-powered leaf blower ban, but noise ordinance Chapter 108.1 limits blower use during quiet hours and the county encourages voluntary electric replacement.
Fairfax County does not operate a general countywide rental registration program for single-family homes or typical long-term rentals, but the County has adopted a Residential Rental Inspection District program under Virginia Code Section 36-105.1:1, allowing inspections of rental units within designated districts. Landlords outside designated districts are not required to register.
Fairfax County and Virginia prohibit housing discrimination based on a tenant lawful source of income, including Section 8 Housing Choice Vouchers. Landlords cannot refuse to rent solely because the tenant uses a voucher under the Virginia Fair Housing Law.
Fairfax County landlords follow Virginia state law on security deposits. Deposits cannot exceed two months rent and must be returned within 45 days of move-out with an itemized statement under Virginia Code Section 55.1-1226.
Fairfax County follows Virginia law allowing no-fault lease nonrenewal with proper written notice. Most landlords can decline to renew without stating a reason, subject to limited just-cause protections added by Virginia HB 2541 (2024).
Fairfax County follows Virginia state eviction law. Virginia HB 2541 (2024) added limited just-cause termination protections for some tenants, but most evictions still proceed under the Virginia Residential Landlord and Tenant Act notice and cure framework.
Fairfax County tenants are protected from landlord harassment and retaliation under the Virginia Residential Landlord and Tenant Act. Self-help lockouts, utility shutoffs, and retaliatory rent hikes are prohibited under Virginia Code Section 55.1-1258.
Fairfax County cannot impose rent control on private housing. Virginia is a Dillon Rule state and the Virginia Residential Landlord and Tenant Act does not authorize local rent caps, leaving rent levels to the market under Virginia Code Section 55.1-1200.
Fairfax County Redevelopment and Housing Authority administers the Housing Choice Voucher program. Landlords cannot refuse vouchers solely because of source of income, and units must pass Housing Quality Standards inspection before lease-up.
Fairfax County Code Chapter 119 and Virginia Code 15.2-901 require grass and weeds on residential property to be kept under 12 inches tall. Exceeding this height triggers a Notice of Violation with typical 7-14 day cure, after which the County may mow at the owner's expense and lien the property.
Fairfax County requires property owners to remove graffiti from their property promptly under Chapter 119. Virginia Code 18.2-138 makes graffiti vandalism a Class 1 misdemeanor (or Class 6 felony for damage over $1,000). The County can require removal within a specified timeframe after notice.
Fairfax County enforces the Virginia Uniform Statewide Building Code (USBC) through Land Development Services (LDS). Building permits are required for most construction, additions, structural alterations, electrical, plumbing, and mechanical work. Permits are obtained through the PLUS online portal. Work done without required permits is a Class 1 misdemeanor under VA Code §36-106 and may require removal or retroactive permitting plus penalties.
Fairfax County Land Development Services conducts mandatory inspections at key construction phases. Typical residential projects require footing, foundation, framing, insulation, rough mechanical/electrical/plumbing, and final inspections. Inspections are scheduled online or by phone, typically with next-business-day availability. Work cannot proceed to the next phase until the prior inspection passes. Final Certificate of Occupancy (CO) required before occupying new construction or major additions.
Fairfax County requires annual inspection of all passenger and freight elevators under the Virginia Uniform Statewide Building Code, with current operating certificates posted in each car and maintained by licensed contractors.
Fairfax County follows the Virginia Uniform Statewide Building Code requiring automatic fire sprinklers in new high-rises, multifamily housing over three stories, and most commercial occupancies, with FCFRD plan review and acceptance testing mandatory.
Fairfax County requires landlords and property owners to maintain rental and commercial buildings free of vermin under the Virginia Maintenance Code, with Health Department referrals for persistent infestations affecting multifamily housing.
Fairfax County enforces Virginia USBC and Virginia Statewide Fire Prevention Code rules on means-of-egress door hardware, requiring single-action unlocking from the egress side and prohibiting multiple operations or special knowledge to exit.
Fairfax County enforces federal lead-based paint disclosure for pre-1978 housing and follows Virginia Department of Health protocols for childhood lead exposure investigations, with renovation permits requiring EPA RRP certification for affected properties.
Fairfax County requires licensed childcare facilities to meet Virginia USBC occupancy standards, fire-marshal inspections, and Virginia Department of Education licensing rules, with home-based providers also subject to county zoning and building code requirements.
Fairfax County requires permits for scaffolding extending into public rights-of-way and compliance with Virginia OSHA standards on construction sites, with sidewalk closures coordinated through Land Development Services and the Department of Transportation.
Fairfax County encourages green building through its Green Building Policy for county-funded projects targeting LEED Silver, but imposes no mandatory green-code requirements on private development beyond the Virginia USBC energy provisions.
Fairfax County operates emergency shelters and bridge housing through the Office to Prevent and End Homelessness Continuum of Care. Programs provide short-term stays while clients secure permanent housing through rapid rehousing or supportive housing placements.
Fairfax County manages homeless encampments through a coordinated outreach and cleanup protocol led by the Office to Prevent and End Homelessness. Cleanups follow advance notice and outreach contact, with property storage offered when feasible.
Fairfax County does not have a blanket sit-lie ordinance. Sidewalk and public space conduct is regulated through Code Chapter 5 obstruction rules and Chapter 30 misdemeanors, applied with referrals to Office to Prevent and End Homelessness services.
Fairfax County Code Chapter 109.1 (Property Maintenance) requires owners to keep premises free of rodent harborage and infestation. Violations trigger Code Compliance enforcement and abatement orders.
Fairfax County Health Department inspects restaurants under Virginia Food Regulations. Inspection reports are public, posted online, but Virginia does not require letter-grade placards on restaurant doors.
Fairfax restaurants must have at least one Certified Food Protection Manager on staff under the Virginia Food Regulations. Fairfax does not require county-specific food handler cards for line workers.
Bed bug infestations in Fairfax rentals fall under the Virginia Residential Landlord and Tenant Act habitability duty. Landlords generally must treat infestations not caused by tenant fault.
Fairfax County prohibits placing loose syringes in regular trash or recycling. Residents must use rigid sharps containers and drop off at participating county facilities or pharmacies.
Fairfax County has not adopted a plastic straw ordinance. Virginia has not preempted nor authorized county straw rules, so local restaurants may freely provide plastic straws to customers.
Fairfax County charges a five-cent tax on disposable plastic bags at grocery stores, convenience stores, and pharmacies. Authorized by Virginia Code 58.1-1745, effective in Fairfax since January 2022.
Virginia's expanded polystyrene foam container ban was deferred by the General Assembly. Fairfax County does not currently restrict foam takeout containers because Dillon's Rule limits independent county action.
Virginia requires retail tobacco license for vape and e-cigarette sales under VA Code Section 58.1-1021.04:1. Fairfax County zones tobacco retail through general commercial districts without a separate vape overlay.
Virginia Code Section 18.2-371.2 prohibits sales of tobacco, hemp, and vape products to anyone under 21. Fairfax County retailers must verify ID and face state criminal penalties for violations.
Fairfax County Comprehensive Plan and Zoning Ordinance create transit station area policies for Tysons and Reston, allowing higher density and mixed use within walking distance of Silver Line Metrorail stations.
The Fairfax County Comprehensive Plan organizes growth through Area Plans for Tysons, Reston, Annandale, Springfield, and 21 other planning districts, supplemented by detailed sector and small-area studies.
Fairfax County Workforce Dwelling Unit (WDU) and Affordable Dwelling Unit (ADU) policies grant density bonuses up to 20 percent to projects providing income-restricted homes under Zoning Ordinance Article 2.
Fairfax County operates limited reclaimed water reuse at the Noman M. Cole Pollution Control Plant, supplying non-potable water to the plant itself and select industrial users under Va. DEQ Water Reclamation regulations.
Fairfax Water customers are urged to report visible main breaks or service-line leaks to the 24-hour FCWA Operations line; high-bill leak adjustments are available once per account every 24 months.
Fairfax Water (FCWA) issues voluntary lawn-watering guidelines and may invoke mandatory restrictions during declared drought emergencies under its Drought Management Plan and Va. Code 15.2-924.
The Fairfax County Bicycle Master Plan and ActiveFairfax Transportation Plan guide bike lane construction; Va. Code Title 46.2 sets statewide rider rules including the three-foot passing law.
Fairfax County operates a shared mobility device pilot allowing licensed e-scooter and bike-share operators to deploy in Tysons and Reston under FCDOT permits and Va. Code 46.2-908.1.
Fairfax County Code Chapter 124 allows designation of heritage, specimen, memorial, and street trees with the property owner's consent, granting enhanced protection during development review.
Fairfax County Code Chapter 124, the Tree Conservation Ordinance, requires tree preservation plans during land development and protects designated trees within rights-of-way and conservation areas.
Secondhand dealers and precious-metal buyers in Fairfax County must register with the Fairfax County Police Department, hold a BPOL, and report transactions per VA Code Sections 54.1-4100 and 59.1-117.
Tobacco and vape retailers in Fairfax County need a BPOL plus a Virginia tobacco retail certificate. State law sets minimum sale age at 21 under VA Code Section 18.2-371.2 and preempts most local age rules.
Massage establishments in Fairfax County must hold a Business Professional and Occupational License (BPOL) and individual therapists need state certification through the Virginia Board of Nursing under VA Code Title 54.1.
Tattoo parlors and body-piercing studios in Fairfax County must hold a BPOL, employ artists with state certification under VA Code Title 54.1 Chapter 7, and pass health-department inspections for sanitation and bloodborne-pathogen control.
Tow operators in Fairfax County must hold a BPOL, register vehicles with FCPD, and follow nonconsensual towing rate caps and notice rules under VA Code Section 46.2-1217 and county Trespass Towing Advisory Board guidance.
Smoking is prohibited in Fairfax County parks, on playgrounds, near building entrances, and at indoor public places under Chapter 41.1A of the County Code, with state restrictions on restaurant smoking under VA Code Section 15.2-2824.
Fairfax County Code Chapter 108.1 restricts loud parties between 10 p.m. and 7 a.m., with FCPD authorized to issue citations and possible misdemeanor charges for repeat disturbances under VA Code Section 18.2-415.
Drinking alcohol in Fairfax County parks, sidewalks, and most public spaces is prohibited under VA Code Section 4.1-308, except at licensed venues like Reston Town Center designated outdoor refreshment areas and special-event permits.
Although Virginia legalized adult-use cannabis under SB 1406 in 2021, public consumption remains illegal statewide and in Fairfax County under VA Code Section 4.1-1108, including parks, sidewalks, vehicles, and Tysons Corner public spaces.
Fairfax County imposes a 4% transient occupancy tax on hotel, motel, and short-term-rental stays under 30 days, on top of the 5.3% Virginia sales tax, for a combined rate near 9.3% on lodging.
Fairfax County Living Wage Ordinance under Code Section 22.1, adopted in 2017, requires county service contractors to pay a periodically adjusted living wage above the Virginia minimum, but it does not extend to private hotels generally.
Virginia state law sets the minimum wage at $12 per hour rising to $13.50 in 2025 under VA Code Section 40.1-28.10, and counties including Fairfax cannot enact higher local minimum wages under Dillon's Rule.
Virginia HB 783 (2021) provides paid sick leave only to home health workers under VA Code Section 40.1-33.3, and Dillon's Rule prevents Fairfax County from mandating broader paid sick leave on private employers.