Frederick County, VA Property Maintenance: Vacant Lot Maintenance (2026)
Key Facts
- Applies to
- any lot in any platted subdivision
- Standard
- weeds/undergrowth endangering public health and welfare
- No numeric height set
- unlike Section 122-5's 18-inch trigger
- Administering official
- County Health Officer(s)
- Enforcement tool
- criminal warrants sworn by Health Officer
- Maximum penalty
- $2,500 fine or 12 months jail
Summary
In Frederick County outside Winchester, Stephens City and Middletown, Section 122-6 separately bars owners of any lot in a platted subdivision from letting weeds and undergrowth grow so as to endanger public health and welfare, with no 100-foot or zoning-district limit. The County Health Officer administers this section and can swear out criminal warrants.
§ 122-6. Dangerous weeds and undergrowth; administration. It shall be unlawful for the owner of any lot in any platted subdivision to allow weeds and undergrowth on such lot so as to endanger the public health and welfare of the community. The Health Officer or Officers of the County shall be responsible for the administration of this section, including the swearing out of criminal warrants for the violation thereof.
Full Breakdown
Chapter 122 actually contains two weed provisions, and they cover different ground. Section 122-5 sets a specific 18-inch trigger and 3-inch cutback standard, but only inside platted residential subdivisions zoned RP, R4, R5 or MH1, and only for growth within 100 feet of a dwelling. Section 122-6, by contrast, reaches 'any lot in any platted subdivision' with no distance-from-a-dwelling requirement and no zoning-district limit, and it does not set a specific height. Instead it bans letting weeds and undergrowth grow to the point that they endanger the public health and welfare of the community, a standard aimed at genuinely vacant or neglected lots that Section 122-5's 100-foot rule might not reach.
The Health Officer or Officers of the County administer Section 122-6, and the section expressly authorizes them to swear out criminal warrants for violations, a more direct enforcement path than the notice-and-abatement process that governs most of the chapter. Because the section sits inside Chapter 122's general nuisance scheme, a conviction still draws the chapter-wide penalty in Section 122-10, and an owner who ignores a County Court order to abate faces a new offense for every day the condition persists. Frederick County residents outside Winchester, Stephens City and Middletown with a truly vacant, undeveloped lot overgrown with weeds and brush should expect this section, not the 18-inch rule, to be the one the County applies.
Violations & Fines
A conviction for allowing dangerous weeds or undergrowth under Section 122-6 is punishable under Section 122-10 by a maximum fine of $2,500, up to 12 months in jail, or both. Because the Health Officer can swear out a criminal warrant directly, this section can move to prosecution without the graduated notice period that Section 122-5 uses.
Frequently Asked Questions
Does Frederick County regulate weeds on vacant, undeveloped lots?
Who enforces the vacant lot weeds rule?
What is the penalty for violating Section 122-6?
Sources & Official References
Other rules in Frederick County
Compare Frederick County to another location·View the Virginia property maintenance overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.