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.
Herndon, VA
Herndon prohibits modified exhaust systems, engine racing, loud stereos in vehicles, and prolonged horn use, with violations enforced under both Town Code an...
Herndon, VA
Persistent barking, howling, or other animal noise that disturbs neighbors is prohibited in Herndon at all times, with stricter enforcement during quiet hour...
Herndon, VA
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...
Herndon, VA
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 d...
Herndon, VA
Town of Herndon Code §42-160 addresses parking of trailers, semitrailers, boats, and recreational vehicles. RV habitation on public streets is prohibited. St...
Herndon, VA
Commercial vehicles exceeding 1 ton capacity or 10,000 lb GVWR cannot be regularly parked in residential zoning districts in Herndon. Tractor-trailers, dump ...
See how Herndon's agricultural zoning protection rules stack up against other locations.
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