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 15.2-2288 prohibits counties, cities, and towns from requiring special exceptions or special use permits for production agriculture and silviculture activities on lands zoned for agricultural use. Code 15.2-2288.3 protects agritourism and farm-related events including weddings, wineries, breweries, and distilleries from undue local regulation while permitting reasonable conditions on noise, traffic, and lighting. Localities retain authority to address public health and safety but must accommodate the customary uses of agricultural lands and cannot effectively prohibit by-right farming.
Localities adopting ordinances that effectively prohibit production agriculture or unreasonably restrict farm-related events may face declaratory judgment, injunctive relief, and potential damages. Affected farmers can seek judicial review and demand ordinance amendments to comply with state zoning preemption.
Chesapeake, VA
Chesapeake does not impose gas leaf blower bans or specific decibel caps. Leaf blower use is regulated by the general noise ordinance (City Code Chapter 38) ...
Chesapeake, VA
Vehicle noise in Chesapeake includes restrictions on modified exhaust, squealing tires, and loud car audio. Sound systems audible at 50 feet can be cited und...
Chesapeake, VA
Chesapeake treats persistent dog barking as a public nuisance under City Code Chapter 10 (Animals) and Chapter 38 (Noise). Barking that continues for 20 minu...
Chesapeake, VA
Amplified music in Chesapeake must not be plainly audible at 50 feet from the source between 10 PM and 7 AM (11 PM to 8 AM on weekends). Outdoor events with ...
Chesapeake, VA
Chesapeake fence height limits are typically 4 feet in front yards and 6 feet in rear and side yards under the Chesapeake Zoning Ordinance. Corner lots and p...
Chesapeake, VA
Chesapeake requires all dogs to be under physical restraint (leash or confinement) when off the owners property under City Code Chapter 10. Leash length is n...
See how Chesapeake's agricultural zoning protection rules stack up against other locations.
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