Pop. 24,532 · Fairfax County
Virginia maintains a Department of Conservation and Recreation (DCR) invasive species list but does not broadly ban planting or require removal from private property. The 2024 Virginia nursery restriction law (HB 1167) prohibits retail sale of certain invasive plants starting January 2027. Herndon encourages native plantings but does not enforce invasive removal.
Herndon requires property owners to keep grass and weeds cut to a reasonable height, generally not exceeding 12 inches, under authority of VA Code §15.2-901. Overgrown lots can be declared a nuisance. After notice, the town may cut the property and assess the cost as a lien against the owner. Violations typically incur fines of $100 to $250.
Herndon is served by Fairfax Water, which implements regional conservation measures during droughts. Virginia DEQ issues drought advisories and the Governor may declare drought emergencies. During severe stages, outdoor watering, car washing, and non-essential water uses are restricted. Violations of mandatory restrictions can incur fines.
Smoke alarms are required in all Herndon dwellings under the Virginia Uniform Statewide Building Code (USBC) and the Virginia SFPC. Alarms must be installed in every bedroom, outside each sleeping area, and on every level of the home. Rental properties face additional inspection and testing requirements under VA Code §36-99.3.
Open burning in Herndon is tightly restricted. The Virginia 4 PM Burning Law (VA Code §10.1-1142) prohibits burning before 4 PM from February 15 through April 30 within 300 feet of woodland. Burning of trash, leaves, and construction debris is banned year-round. Only small recreational fires of clean wood are generally allowed without a permit.
Portable fire pits and chimineas are permitted in Herndon under state fire code. Recreational fire rules apply: ≤3 ft fuel diameter, ≥25 ft from structures, dry wood only. Multi-family balcony restrictions apply under Statewide Fire Prevention Code §307.4.4.
Despite Virginia legalizing consumer fireworks statewide in 2021, Fairfax County (which includes Herndon) continues to ban the sale, possession, and use of all consumer fireworks. Only professional displays permitted by the Fire Marshal are allowed. Violations are Class 1 misdemeanors punishable by up to 12 months in jail and a $2,500 fine.
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 is not designated as a high-risk wildfire zone but borders Manassas Battlefield and stream-valley parks where seasonal brush fires occur; FCFRD coordinates with Virginia Department of Forestry on prevention and burn-ban enforcement.
Fairfax County Fire Prevention Code limits residential propane storage based on tank size and location, requiring permits for cylinders over 125 gallons water capacity and prohibiting indoor storage of cylinders larger than one pound capacity.
In Herndon, sheds 256 square feet or smaller and one story do not require a building permit under the Virginia USBC, but still must comply with zoning setbacks. Sheds over 256 sq ft require a building permit. All sheds must respect property lines, typically with minimum setbacks of 5 feet from side and rear lot lines, and comply with lot coverage limits and HOA rules.
Herndon permits accessory dwelling units (ADUs) in certain residential districts with a special exception or by right depending on zoning. ADUs must be subordinate to the primary dwelling, have a separate entrance, and comply with parking and owner-occupancy requirements. Virginia encourages but does not mandate ADU approval under VA Code §15.2-2292.1.
Converting a garage to living space in Herndon requires a building permit, compliance with the Virginia USBC for habitable space, and zoning review. Converted space must meet egress, ceiling height, ventilation, and insulation standards. Required off-street parking typically cannot be eliminated, so conversions often need replacement parking. HOA approval is commonly required.
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).
Herndon generally allows up to four dogs and a reasonable number of cats per residential property without a kennel license. Keeping more may require a kennel permit or may be prohibited by zoning and HOA rules.
Beekeeping is permitted in Herndon residential properties subject to state apiary registration and reasonable setback and hive placement to protect neighbors. Herndon follows Virginia State Apiarist standards under VA Code 3.2-4400 et seq.
Herndon follows Virginia dangerous dog law (VA Code 3.2-6540.1 et seq.), which uses behavior-based classification rather than breed. There is no breed-specific ban; pit bulls and other breeds are legal, subject to dangerous dog determinations.
Herndon prohibits feeding deer and other wildlife and restricts homeowners from trapping or relocating animals without proper permits. Nuisance wildlife must be handled through licensed Virginia wildlife control operators or Virginia DWR.
Herndon generally prohibits backyard chickens and other livestock in residential zones due to the Towns suburban lot sizes and zoning classifications. Roosters are banned and hens are not permitted as of-right in standard residential districts.
All dogs in Herndon must be on a leash no longer than 6 feet when off the owners property. Off-leash dogs are prohibited except in designated dog parks, with fines for violations and impoundment possible.
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.
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.
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.
Persistent barking, howling, or other animal noise that disturbs neighbors is prohibited in Herndon at all times, with stricter enforcement during quiet hours. Owners can face citations under the animal control and noise provisions of the Town Code.
Amplified music at parties, restaurants, or outdoor events in Herndon must not be plainly audible at the property line during quiet hours and cannot create a public disturbance at any time. Special event permits are required for outdoor amplified sound.
Herndon prohibits modified exhaust systems, engine racing, loud stereos in vehicles, and prolonged horn use, with violations enforced under both Town Code and Virginia motor vehicle statutes.
Herndon prohibits unreasonably loud, disturbing, or unnecessary noise at all times, with stricter limits during nighttime hours from 10 PM to 7 AM on weekdays and 11 PM to 8 AM on weekends. The Town Code Chapter 46 (Offenses) governs noise violations.
Herndon does not ban leaf blowers but restricts their operation to daytime hours, generally 7 AM to 7 PM weekdays and 9 AM to 7 PM weekends, consistent with general construction and lawn equipment provisions.
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.
Virginia localities cannot regulate aircraft noise in flight because federal aviation law preempts the field, leaving the FAA in sole control of aircraft operations and noise above the ground.
Virginia state law caps civil penalties for noise ordinance violations at $250 for first offense and $500 for repeat offenses, binding every locality statewide.
Herndon allows fences up to 6 feet in rear and side yards and up to 4 feet in front yards. Corner lots and visibility triangles at intersections have additional height restrictions to preserve traffic sight lines.
Residential swimming pools in Herndon require a barrier at least 48 inches high with self-closing, self-latching gates opening outward from the pool. Requirements follow Virginia USBC and apply to both in-ground and above-ground pools over 24 inches deep.
Virginia has no statutory shared fence cost law. Herndon does not require neighbors to split fence costs. Fence ownership, maintenance, and replacement are the responsibility of the installing owner unless neighbors reach a written agreement.
Fences in Herndon must be installed entirely within the property owners lot, typically with a small setback from the actual line. Setbacks from streets and easements apply, and utility easements must remain unobstructed.
The Virginia USBC exempts fences six feet or shorter from building permits statewide, but localities may still require zoning permits for placement and height.
Home occupations in Herndon must not generate customer traffic beyond what is normal for a residence. Typical limits are 4 to 8 client visits per day, spread throughout the day, with no overlapping appointments creating multiple parked vehicles. Deliveries must use standard parcel service. Uses that generate significant vehicle traffic are prohibited.
Herndon permits home occupations as accessory uses in residential zones subject to a home occupation permit from the Department of Community Development. The business must be clearly secondary, conducted by residents, and not generate external impacts. Most office-based and online businesses qualify. On-site customer traffic, employees, and signage are restricted.
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.
Virginia requires state licensing for family day homes caring for five or more unrelated children, preempting local rules on capacity, ratios, training, and background checks across all jurisdictions.
Herndon imposes a 5% Transient Occupancy Tax (TOT) on short-term rental stays, in addition to Virginia's 5.3% state sales tax and applicable Fairfax County taxes where overlapping. Total tax burden typically falls in the 10-16% range. Platforms like Airbnb and Vrbo auto-collect most taxes, but operators remain ultimately responsible for remittance.
Herndon STR occupancy is governed by Zoning Ordinance standards and the Virginia Uniform Statewide Building Code. Typical residential occupancy calculations limit overnight guests based on bedroom count (commonly two adults per bedroom plus two) and total square footage. Fire code and building code occupancy loads also apply, and neighborhood impact standards may further restrict guest counts.
When the Town of Herndon adopted its short-term rental framework in December 2019 (effective February 1, 2020), the Town Council required at least two designated parking spaces for STRs in single-family residences and one designated parking space for STRs in condominiums and townhouses. All STR listings must include parking location details in their advertisements. Town Code Chapter 42 governs general on-street parking. STRs are an accessory use under Section 78-80.4(u) of the Zoning Ordinance.
Short-term rentals in the Town of Herndon are subject to the town's general noise ordinance (Town Code Chapter 26, Article VI), with quiet hours typically 10 PM to 7 AM. Herndon's STR registration framework also expressly prohibits events and gatherings beyond the authorized lodgers during a rental, which the town adopted alongside the STR ordinance approved December 2019 and effective February 1, 2020. Fairfax County's STR ordinance does not apply to incorporated towns like Herndon under VA Code Sec. 15.2-983.
The Town of Herndon's short-term rental ordinance (Chapter 11 / Section 78-80.4(u)) does not impose a specific minimum liability insurance requirement on STR operators, and Virginia Code Sec. 15.2-983 does not mandate insurance for state-registered short-term rentals. Standard homeowner policies typically exclude regular short-term rental activity, so operators should consult their carrier about a short-term rental endorsement, a commercial dwelling policy, or platform host protection programs. HOA and condominium master policies in Herndon often impose stricter coverage rules than the town does.
Town of Herndon allows short-term rentals with registration through the town. Permit fee is $200 (2-year). Operators must reside at the property a minimum of 7 months per year. Cap is 90 nights per year; max single rental period is 30 days. Maximum 6 adults.
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 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.
Herndon permits on-street parking on most residential streets without time limits, though vehicles cannot remain parked in the same spot for more than 72 continuous hours. Downtown Herndon has 2-hour metered and time-limited parking during business hours. Overnight commercial vehicle parking is prohibited on residential streets.
Town of Herndon Code §42-160 addresses parking of trailers, semitrailers, boats, and recreational vehicles. RV habitation on public streets is prohibited. Storage on private property is generally permitted in accordance with zoning standards.
Commercial vehicles exceeding 1 ton capacity or 10,000 lb GVWR cannot be regularly parked in residential zoning districts in Herndon. Tractor-trailers, dump trucks, buses, and heavy equipment are prohibited on residential streets overnight. Violations can result in fines and towing.
Town of Herndon Code §§42-261–42-265 prohibit abandoning motor vehicles. Inoperable/abandoned vehicles may be cited and towed. Virginia law threshold of 15 days unattended on public property applies.
Virginia law prohibits homeowner and condominium associations from banning electric vehicle charging stations on a unit owner's exclusive-use property, though associations may impose reasonable conditions on installation and operation.
Pool barrier rules in the Town of Herndon are governed by the Virginia Uniform Statewide Building Code (13VAC5-63), which adopts the International Swimming Pool and Spa Code (ISPSC). Residential pools deeper than 24 inches require a barrier at least 48 inches high with self-closing, self-latching gates. Va. Code §15.2-921 authorizes localities such as Herndon to adopt fencing ordinances within these statewide limits.
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).
Above-ground pools in Virginia fall under the same USBC barrier and permit standards as in-ground pools when capable of holding 24 inches or more of water.
Hot tubs and spas in Virginia must meet USBC electrical, bonding, and cover requirements that supersede conflicting local construction rules.
Pool safety equipment, anti-entrapment, and barrier rules are set statewide under Virginia's adoption of the International Swimming Pool and Spa Code.
Herndon's Tree Preservation Ordinance protects trees 24 inches DBH and larger, plus Heritage Trees. Removal of protected trees requires a Town permit, replacement plantings, and may require arborist reports. Fairfax County adjacent areas have even stricter tree canopy requirements under the VA Tree Conservation Act.
Herndon enforces the Virginia Stormwater Management Act and Chesapeake Bay Preservation Act. Land disturbance of 2,500 square feet or more requires a Virginia Stormwater Management Program (VSMP) permit, erosion control plan, and post-construction BMP (best management practice). Resource Protection Areas along streams have 100-foot buffers.
Portions of Herndon along Sugarland Run and Horsepen Creek lie in FEMA-mapped flood zones. Construction in Special Flood Hazard Areas (SFHA) requires floodplain development permits, elevation certificates, and compliance with the Town Floodplain Management Ordinance. Flood insurance is federally required for mortgaged properties in SFHAs.
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.
The Chesapeake Bay Preservation Act mandates 100-foot vegetated buffers along tidal waters and tributaries in 84 covered Tidewater localities, with state-set criteria local ordinances must meet or exceed.
Adults 21 and older in Herndon may legally possess up to 1 ounce of marijuana and cultivate up to 4 plants per household under Virginia Code 4.1-1100. Public consumption remains prohibited. Virginia has no operating legal retail market for recreational cannabis; legal acquisition remains limited pending state legislation.
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.
Graffiti on private property is a nuisance that owners must remove promptly, typically within 15 days of notice. Applying graffiti without consent is a criminal offense under VA Code 18.2-138 punishable as a Class 1 misdemeanor or felony depending on damage value. Herndon offers guidance on removal and may assist for historic properties.
Herndon requires property owners to keep grass and weeds cut to no more than 12 inches in height. Overgrown vegetation is declared a public nuisance and can be abated by the Town with costs assessed to the property owner. Natural landscape and conservation meadows may qualify for exemption with written plan.
All construction in Herndon is governed by the Virginia Uniform Statewide Building Code (USBC), administered by the Town Building Official. Permits are required for most construction, alteration, and demolition. Virginia is a statewide-uniform-code jurisdiction, meaning Herndon cannot adopt stricter construction standards, only enforce the USBC consistently.
Herndon enforces the Virginia Uniform Statewide Building Code (USBC) through its Department of Community Development. Building permits are required for new construction, additions, structural alterations, decks, re-roofs in most cases, and mechanical, electrical, or plumbing work. Inspections are mandatory at footing, framing, rough-in, and final stages. Work started without a permit incurs double permit fees and potential stop-work orders.
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.
The Town of Herndon provides weekly curbside collection of refuse and recycling through the Public Works Department. Residential trash is collected once per week on a designated route day, and recycling is collected on the same day. Service is funded through the Town tax base, not a separate trash bill for most residents.
Herndon recycling follows single-stream guidelines collected weekly by the Town. Accepted materials include paper, cardboard, glass bottles, metal cans, and rigid plastics numbered 1 and 2. Plastic bags, film, foam, and food-contaminated items are not accepted and should not be placed in recycling bins.
Herndon collects yard waste seasonally from spring through fall. Grass clippings, leaves, and small branches must be placed in biodegradable paper bags or reusable containers clearly marked as yard waste. Brush and branches must be bundled with twine; bundles cannot exceed 4 feet in length or 50 pounds.
Herndon offers scheduled bulk item collection for large household items such as furniture, mattresses, and appliances. Residents must request bulk pickup in advance by contacting Public Works. Certain items like refrigerators with refrigerant, tires, and construction debris require special handling.
Commercial and multi-family dumpsters in Herndon must be screened from public view, maintained in sanitary condition, and located to meet zoning setbacks. Temporary roll-off dumpsters for residential projects require a Right-of-Way permit if placed in the street. Construction dumpsters must not block sight distance or ADA access.
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.
Residential signs in Herndon are regulated by content-neutral size, height, location, and duration standards in compliance with the US Supreme Court decision in Reed v. Town of Gilbert. Political, real estate, and noncommercial yard signs are allowed. Signs cannot be in the public right-of-way and must meet size limits, typically 6 square feet per sign.
Virginia law prohibits all signs, including garage sale and yard sale notices, placed within the limits of any state highway right-of-way, with a $100 civil penalty per occurrence.
Using a drone to observe, photograph, or record persons in areas where they have a reasonable expectation of privacy is prohibited under Virginia law. VA Code 18.2-130 and 18.2-130.1 address peeping and drone surveillance. Violations can result in criminal misdemeanor charges plus civil liability for invasion of privacy.
Commercial drone operators in Virginia follow FAA Part 107 rules and are shielded from most local regulation under state preemption, with limited exceptions for locality-owned property and specific privacy crimes.
Door-to-door solicitors in Herndon must typically obtain a solicitor permit from the Town and carry identification. Residents may post No Soliciting signs that create a legal obligation on solicitors to skip the property. Religious and political canvassing are generally protected by the First Amendment and exempt from permit requirements.
Virginia enforces the federal Do Not Call Registry and the state Telephone Privacy Protection Act, prohibiting most unsolicited telephone solicitations to registered numbers and regulating commercial calling practices statewide.
Front yard setbacks in Herndon range from 25 to 40 feet for principal structures depending on the residential zoning district. R-1 districts require 40 feet, R-2 and R-3 require 30 feet, and R-4 townhouses often require 20-25 feet. Covered porches may project up to 8 feet into the required front setback.
The Virginia Uniform Statewide Building Code supersedes local construction standards for foundations, materials, and structural design, leaving zoning height limits to localities.
Herndon permits residential solar panel installation with building and electrical permits. Rooftop solar typically receives expedited review. Virginia Solar Freedom Act §67-701 prevents HOAs from unreasonably restricting solar. Net metering is available through Dominion Energy up to 25 kW residential.
Virginia Solar Freedom Act §67-701 prevents HOAs in Herndon from prohibiting solar installations. HOAs may impose reasonable aesthetic restrictions but cannot significantly increase costs or decrease system efficiency. Many Herndon subdivisions including Runnymede and Kingstream have adopted compliant solar policies.
While Herndon is not an official International Dark-Sky Community, the Town's lighting ordinance incorporates dark-sky principles including full cutoff fixtures, shielded lights, and LED color temperature limits. Commercial lighting curfews encourage reducing sky glow after business hours. Nearby Sky Meadows State Park holds dark-sky designation.
Herndon regulates exterior lighting through its Zoning Ordinance to prevent light trespass onto neighboring properties. Fixtures must be shielded and direct light downward. Commercial and multifamily properties have specific foot-candle limits at property lines. Residential conflicts are handled through code enforcement.
Herndon does not operate a general rental registration program, but all rental dwellings must comply with the Virginia Uniform Statewide Building Code and the Virginia Maintenance Code, which the Town enforces through its zoning and code compliance division. Landlords must follow the Virginia Residential Landlord and Tenant Act (VRLTA) and obtain business licenses where required.
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 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.
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.
Virginia has not enacted a statewide ban on flavored tobacco or menthol products; sales remain lawful to adults 21 and over subject to general tobacco regulations under Code 18.2-371.2.
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.
Virginia has no statewide predictive scheduling law, and Dillon Rule limits leave localities without authority to impose fair workweek or scheduling premium ordinances on private employers.
Virginia Code Section 40.1-11.5 requires state agencies and contractors with 50 or more employees on contracts over $50,000 to use the federal E-Verify system, and Fairfax County applies the rule through procurement compliance.
Code 19.2-83.7 requires Virginia jails to notify ICE before releasing inmates subject to detainers, while 2020 reforms barred state agencies from inquiring into immigration status for service eligibility absent legal requirement.
Virginia issues concealed handgun permits under Code 18.2-308.01 through 18.2-308.014, with shall-issue standards administered by circuit courts; localities cannot impose additional concealed carry requirements.
Virginia preempts most local firearm regulation under Code 15.2-915, but a 2020 amendment lets localities restrict firearms in specific public buildings, parks, recreation centers, and permitted events.
Virginia generally permits open carry of firearms by adults without a permit, though Code 18.2-287.4 restricts certain loaded high-capacity weapons in named public areas of larger localities.
Virginia Code 18.2-308 lets adults transport firearms in personal vehicles, with concealed handguns in a closed compartment lawful without a permit; localities are preempted by Code 15.2-915.
Virginia Code 15.2-2288 and 15.2-2288.3 limit how localities may zone agricultural land, preserving by-right production and restricting special use permit requirements for bona fide farms.
Virginia Code 3.2-301 establishes the Right to Farm Act, shielding established agricultural operations from nuisance lawsuits and limiting local ordinances that would restrict bona fide farming activities.