Virginia Statewide Rule
Virginia Agricultural Zoning Limits on Local Farm Regulation
Key Facts
- Ag permit ban
- Va. Code 15.2-2288
- Farm wineries
- Va. Code 15.2-2288.3
- Special use permits
- Not required for production ag
- Local regulation
- Noise, traffic, lighting only
Summary
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.
§ 15.2-2288 . Localities may not require a special use permit for certain agricultural activities. A zoning ordinance shall not require that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification. For the purposes of this section, production agriculture and silviculture is the bona fide production or harvesting of agricultural products as defined in § 3.2-6400 , including silviculture products, but shall not include the processing of agricultural or silviculture products, the above ground application or storage of sewage sludge, or the storage or disposal of nonagricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, subject to the provisions of the Virginia Waste Management Act. However, localities may adopt setback requirements, minimum area requirements and other requirements that apply to land used for agriculture or silviculture activity within the locality that is zoned as an agricultural district or classification. Nothing herein shall require agencies of the Commonwealth or its contractors to obtain a special exception or a special use permit under this section. Code 1950, § 15-968.5; 1962, c. 407, § 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582, 641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543;
Full Breakdown
Virginia Code Section 15.2-2288 prohibits counties, cities, and towns from requiring a special exception or special use permit for production agriculture or silviculture on land zoned agricultural, though localities may set setbacks and area requirements. Code Section 15.2-2288.3 limits local restrictions on licensed farm wineries' marketing activities and events to those that are reasonable, and related sections extend similar protection to farm breweries and distilleries. Localities may address public health, safety, noise, traffic, and lighting but cannot effectively prohibit by-right farming.
Violations & Penalties
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.
Frequently Asked Questions
Can my county require a permit to plant crops?
Are farm winery events allowed in agricultural zones?
Sources
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