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Portsmouth, VA Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Height limit
Grass/weeds over 10 in. within 300 ft of building/road
Notice deadline
No more than 10 days to cut or clear
Repeat-notice rule
2 notices/year deemed sufficient for that year
Extension available
Up to 30 more days at director's discretion
Vacant lots covered
Applies 'regardless if the property is vacant or not'
Exempt land
Hoffler Creek Preserve, tidal wetlands, city parks
Enforcement
City abates, bills owner, liens the property

Summary

Portsmouth bans grass or weeds over ten inches within 300 feet of any building or road on any lot in the city, and bans letting debris pile up, whether the parcel is occupied or sitting vacant. The code compliance director issues written notice, and if the owner does not clear the growth or debris by the deadline, capped at ten days, the city does the work and bills the owner.

(a)It shall be unlawful and shall constitute a nuisance for the owner or occupant of any land or lot in the city to permit any grass or weeds to grow upon such land or lot to a height exceeding ten inches within 300 feet of any building or road or to permit any debris to remain at any place upon such land or lot.(b)Weeds which have attained a height of ten inches or more shall be presumed to be detrimental to public health and a public nuisance... If an owner or occupant fails, refuses or neglects to comply with a notice given pursuant to this article... regardless if the property is vacant or not, the director or designee shall cause the nuisance to be abated...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Section 23-26 declares grass or weeds exceeding ten inches within 300 feet of a building or road, and any accumulated debris, a public nuisance on any land or lot in the city, occupied or not. Under section 23-27, the director or a designee who finds the violation must mail or post written notice ordering the owner or occupant to cut and remove the growth or debris within a reasonable deadline that cannot exceed ten days; two notices issued in a calendar year count as reasonable notice for that year, so a third cutting can proceed without further warning.

Section 23-29 lets an owner ask the director for an extension before the deadline passes, and the director may grant up to 30 additional days for extenuating circumstances. If the owner still fails to comply, section 23-30 authorizes the city to cut the lot itself, and it expressly applies 'regardless if the property is vacant or not,' directly covering unimproved and vacant parcels alongside occupied ones. The city then bills the owner for its abatement costs plus an administrative fee set in Appendix A, and section 23-5's lien procedure lets those costs be docketed as a lien against the real estate, ranking on parity with unpaid local tax liens until paid in full.

Section 23-31 exempts ecologically sensitive land from the height rule: the Hoffler Creek Wildlife Preserve, all tidal wetlands areas, and city-owned parks and preserves. The city may keep maintaining a previously noticed lot for up to a year without reissuing notice unless the owner tells the director in writing that upkeep will resume and the director is satisfied it is being carried out.

Violations & Fines

Failing to cut or clear a cited lot within the notice period, capped at ten days unless the director grants a 30-day extension, lets the city perform the work and charge the owner its full abatement cost plus the Appendix A administrative fee. Those charges are docketed as a lien against the property under section 23-5, collectible the same way as delinquent city taxes and ranking equally with tax liens until satisfied.

Frequently Asked Questions

Does Portsmouth's weed rule apply to vacant, unimproved lots?
Yes. Section 23-30 says the city may abate the nuisance 'regardless if the property is vacant or not,' so an empty lot is treated the same as one with a house on it once weeds pass the ten-inch line.
How tall can grass or weeds get before Portsmouth cites the property?
Section 23-26 draws the line at exceeding ten inches within 300 feet of any building or road; weeds at or above that height are presumed a public nuisance unless the owner rebuts the presumption with evidence.
How much notice does an owner get before the city mows?
The director's written notice under section 23-27 sets a deadline of no more than ten days, though section 23-29 lets an owner request up to 30 more days for extenuating circumstances before that deadline runs out.
What does it cost if the city has to cut the lot itself?
The owner is billed the full abatement cost plus the administrative fee set in Appendix A, and both amounts are docketed as a lien against the property under section 23-5, collectible the same way as unpaid city taxes.

Sources & Official References

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