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.
Fairfax, VA
City of Fairfax Code Chapter 62 (Noise) establishes nighttime quiet hours from 10:00 PM to 7:00 AM on weekdays and 11:00 PM to 8:00 AM on weekends and holida...
Fairfax, VA
The City of Fairfax primarily enforces noise using a plainly-audible standard, but commercial and industrial zones carry implied decibel limits of roughly 65...
Fairfax, VA
Commercial establishments in the City of Fairfax must keep HVAC, loading, trash compaction, and amplified sound within limits set by Chapter 62 and the zonin...
Fairfax, VA
City of Fairfax prohibits using RVs or campers for habitation on public streets. VA Code §46.2-1222.1 authorizes Fairfax City to regulate or prohibit parking...
Fairfax, VA
Commercial vehicles in the City of Fairfax are restricted from overnight parking on residential streets and in residential zoning districts. Vehicles over 12...
Fairfax, VA
On-street parking in the City of Fairfax is generally permitted in residential areas unless posted. Parking within 15 feet of a fire hydrant, on sidewalks, b...
See how Fairfax's agricultural zoning protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.