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.
Newport News, VA
Newport News prohibits oversized vehicles from parking on residential streets overnight. Vehicles exceeding 20 feet long, 8 feet wide, or 8 feet tall are ban...
Newport News, VA
Newport News regulates retaining walls under Chapter 13 (Buildings and Building Regulations) and the Virginia Uniform Statewide Building Code. Retaining wall...
Newport News, VA
Newport News regulates fence materials under Chapter 13, Article VI of the City Code. Certain hazardous materials are restricted or prohibited in residential...
Newport News, VA
Newport News enforces the Virginia Statewide Fire Prevention Code (SFPC), which requires property owners and occupants to cut and remove weeds, grass, vines,...
Newport News, VA
Newport News defines "landscape" as living plants, natural features, or structural features under Chapter 45 (Zoning Ordinance). No express ban on artificial...
Newport News, VA
Newport News Code Ch. 33.02 requires a landscaped green area as part of all site plans. The city officially encourages use of native and drought-tolerant pla...
See how Newport News's agricultural zoning protection rules stack up against other locations.
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