Virginia Agricultural Zoning Limits on Local Farm Regulation

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.