Pop. 16,473 · Fairfax County
Greenhouses and garden structures in Vienna are treated as accessory structures. Small non-commercial greenhouses under 256 square feet are exempt from building permits under the Virginia USBC but must meet zoning setbacks, height, and lot coverage limits. Heated or permanently foundationed greenhouses larger than 256 square feet require full building permits.
Detached garages in Vienna require a building permit regardless of size and must meet zoning setbacks, height, and lot coverage limits. Most single-family districts allow detached garages in rear or side yards with 5 to 10 foot setbacks and a maximum height of 15 to 18 feet. Converting a garage into habitable space requires additional permits and replacement off-street parking.
Vienna amended Town Code Chapter 18 in November 2024 to permit Accessory Living Units (ALUs) attached to single-unit detached homes in RS-16, RS-12.5, and RS-10 zoning districts, effective December 30, 2024.
Vienna purchases water from Fairfax Water, which follows the Northern Virginia Regional Drought Response Plan. Outdoor watering restrictions activate during declared drought stages: voluntary conservation in Stage 1, mandatory odd/even or day-of-week watering in Stage 2, and complete outdoor water bans in Stage 3. The Virginia DEQ and Governor can declare broader emergencies.
Vienna encourages removal of invasive plant species and prohibits several under state noxious weed rules. The Virginia Department of Conservation and Recreation maintains an invasive plant list, and VDACS regulates noxious weeds. Common Northern Virginia invasives include English ivy, kudzu, bamboo, Japanese stiltgrass, and tree of heaven, several of which have been targeted by local removal campaigns.
Vienna is a designated Tree City USA with strong tree canopy preservation goals and regulates tree removal through its zoning ordinance and development review process. Removing trees during land disturbance, redevelopment, or teardowns triggers tree preservation and replacement requirements. Individual homeowner removal of a single yard tree on an existing improved lot is generally permitted without a town permit but is subject to HOA rules and state-road right-of-way rules.
Residential backyard composting is allowed and encouraged in Fairfax County. There is no permit required for typical home composting of yard waste, fruit, and vegetable scraps. Composting must not create odors, vermin attraction, or runoff that constitute a nuisance under Chapter 119. The County operates a Food Scraps Composting Program at farmers' markets and offers compost bin rebates.
Fairfax County Code Chapter 119 (Property Maintenance) limits grass, weeds, and other uncultivated vegetation to 12 inches on improved residential lots. Violations trigger a written notice, and if uncorrected, the County may abate (mow) the property and assess costs as a lien. Natural/native landscaping is generally allowed with proper maintenance and documentation.
Virginia statute encourages rainwater harvesting and graywater reuse, providing income tax credits and exempting most residential systems from plumbing-permit complexity, applied uniformly statewide.
Residential pool fences in Vienna must comply with the Virginia Uniform Statewide Building Code (USBC) and Town Code. Minimum 48-inch barrier height, self-closing and self-latching gates, and no climbable horizontal members on the outside face. Requirements apply to pools over 24 inches deep.
Virginia has no Good Neighbor Fence Act requiring shared fence cost allocation between neighbors. Vienna follows state common law, under which each property owner is responsible for their own fence. Cost-sharing is purely voluntary and best documented in writing.
The Town of Vienna regulates fence heights under Chapter 18 (Zoning) of the Town Code, with provisions addressed in Section 18-410. Fences in front yards are limited to 4 feet, while side and rear yard fences may reach up to 6 feet. Corner lots have additional restrictions in the area between the neighboring front building line and the right-of-way. Barbed wire, razor wire, and concertina wire are prohibited on residential properties.
The Virginia USBC exempts fences six feet or shorter from building permits statewide, but localities may still require zoning permits for placement and height.
Home business signage is effectively prohibited in Vienna residential districts. The zoning home occupation standards require that no external evidence of the business be visible from the street, meaning no signs, no window advertising, no illuminated displays, and no magnetic or wrap graphics on vehicles parked visibly on the property.
Vienna limits customer and client traffic to home occupations to preserve residential neighborhood character. The business may not generate parking demand, deliveries, or foot traffic materially greater than a typical residence, and no more than a small number of client visits per day are typically permitted.
Fairfax County Zoning Ordinance Article 4 allows Home-Based Businesses (formerly "Home Occupations") as accessory uses in residential zones. Type 1 (minor) home businesses are allowed by-right without a permit; Type 2 (with clients/employees on-site) requires a Home Occupation Permit. All home businesses must be clearly secondary to residential use, occupy limited floor area, and not change the residential character of the dwelling or neighborhood.
Fairfax County strictly limits client visits to home businesses. Class A Home Occupation Permits prohibit all on-site clients. Class B permits allow limited appointments only, typically capped at 4 clients per day, with no walk-ins permitted. No more than one client vehicle may be on-site at any time, and appointments must not generate traffic or parking demand inconsistent with a residential neighborhood.
Virginia's Home Food Processing (Cottage Food) exemption under VA Code §3.2-5130 allows home production and direct sale of specified non-potentially-hazardous foods (baked goods, jams, jellies, candies, dried herbs) without a food establishment permit, subject to labeling requirements. Fairfax County home-business zoning rules still apply: no retail walk-in sales, no signage, no customer visits above Type 2 limits. Online and farmers' market sales allowed.
Virginia requires state licensing for family day homes caring for five or more unrelated children, preempting local rules on capacity, ratios, training, and background checks across all jurisdictions.
Vienna requires all dogs to be leashed when off the owner's property, with no off-leash exceptions outside designated dog parks. Fairfax County Animal Protection Police enforce leash laws in Vienna, with fines starting at 50 dollars for first offenses and escalating for repeat violations.
Vienna prohibits inherently dangerous exotic animals and defers to Virginia state law and Fairfax County regulations for other exotic species. Big cats, primates, venomous snakes, alligators, and bears are banned. Permitted exotics (rabbits, small reptiles, small birds) must still comply with pet-limit rules.
Vienna limits residents to a reasonable number of domestic pets per household, generally interpreted as no more than 4 dogs or cats over 4 months old in a single-family home. Kennel licensing is required for households exceeding the limit, and HOAs in Vienna frequently impose additional pet-number restrictions.
Vienna prohibits backyard chickens and other poultry in residential zones. Unlike some Fairfax County unincorporated areas that allow limited hens on larger lots, the Town of Vienna Zoning Ordinance does not permit chicken-keeping on typical residential lots. Roosters are prohibited townwide.
Beekeeping is permitted in Vienna as an accessory residential use, subject to setback requirements and the Virginia State Apiarist registration under VA Code 3.2-4400 et seq. Hives must be located at least 10 feet from property lines, and all beekeepers must register annually with the Virginia Department of Agriculture and Consumer Services.
Vienna prohibits the feeding of wildlife including deer, raccoons, foxes, and coyotes, with fines up to 250 dollars. Deer management is handled through Fairfax County programs. Residents encountering injured or nuisance wildlife should contact Virginia Department of Wildlife Resources or Fairfax County Animal Protection Police.
Vienna applies Virginia's Dangerous Dog Law (VA Code 3.2-6540.1) through Fairfax County Animal Protection Police. Dogs that bite or attack without provocation may be declared dangerous or vicious, with registration, insurance, muzzling, and secure-enclosure requirements. Virginia does not use breed-specific legislation.
Livestock (cattle, horses, goats, sheep, pigs) in Fairfax County require at least 2 acres of land, with additional acreage required per animal. Pigs face especially strict rules. Most of the county's R-1 through R-20 residential zones prohibit livestock entirely.
Fairfax County Code Chapter 12 prohibits keeping animals in numbers or conditions that cause neglect, suffering, or unsanitary premises, with Animal Protection Police authorized to seize neglected animals and pursue cruelty charges.
Fairfax County does not mandate microchipping for privately owned pets but microchips all shelter animals before adoption and accepts microchip identification as proof of license under Chapter 12 of the County Code.
Fairfax County does not mandate spay-neuter for owned pets but requires sterilization of all dogs and cats adopted from the county shelter and offers reduced license fees as an incentive for altered animals.
Fairfax County requires cats four months and older to be vaccinated against rabies and licensed annually with the county; outdoor cats must wear identification, and owners are liable for nuisance behaviors.
Fairfax County coordinates with Virginia Department of Wildlife Resources on coyote management, prohibits intentional feeding under Chapter 12, and provides hazing guidance to residents in McLean, Vienna, Reston, and other suburban areas.
Vienna limits short-term rental occupancy to two adults per bedroom plus additional children, with a hard cap typically around 8 to 10 guests depending on dwelling size. Maximum occupancy must be clearly posted inside the rental and enforced by the host to prevent overcrowding and neighborhood disturbance.
Short-term rental guests in Vienna are subject to Town Code Sec. 10-20.1, the general noise ordinance enforced by Vienna Police. Construction-type activity is barred Sundays and on six federal holidays, and may not begin before 9 a.m. on Saturdays. Civil penalties are $250 first offense, $500 each subsequent offense.
Vienna's Chapter 18 zoning code requires off-street parking for one-family dwellings: 3 spaces on lots over 10,000 sq ft and 2 spaces on lots under 10,000 sq ft. The Town has no STR-specific parking add-on. Guests using on-street parking must follow standard Town parking rules.
Lodging in the Town of Vienna under 30 consecutive days is subject to Fairfax County Transient Occupancy Tax: 2% Tourism plus 3% Regional Transportation, totaling 5%. Returns are filed monthly with Fairfax County Tax Administration on or before the 20th of the following month.
The Town of Vienna has its own STR regulations separate from Fairfax County. The Fairfax County STL ordinance does not apply to incorporated towns. Vienna residents must comply with Town of Vienna zoning for any short-term rental use. Contact Planning & Zoning for current permit requirements.
Fairfax County limits the number of nights a primary residence can be rented short-term each year. Annual night caps protect residential neighborhood character and prevent de facto hotel use under Zoning Ordinance Section 6-409.
Fairfax County requires short-term lodging to occur in the operator primary residence. Non-owner-occupied investment STRs are not permitted in most residential zoning districts under Zoning Ordinance Section 6-409.
Fairfax County requires short-term lodging operators to carry liability insurance covering guest stays. Standard homeowner policies often exclude commercial rental activity, so operators must obtain dedicated STR coverage under Zoning Ordinance Section 6-409.
Fairfax County requires a Short-Term Lodging (STL) Zoning Permit before advertising or operating any rental of less than 30 days. Permit fee is $270, valid 2 years. Property must be operator's primary residence (≥185 days/year). Cap of 60 rental nights per calendar year.
Vienna is an established suburban town with mature tree canopy and no wildland-urban interface fire risk comparable to Western states, so there is no formal defensible space ordinance. General property maintenance rules require removal of dead trees, accumulated brush, and fire hazards, and the SFPC governs vegetation around structures. Wildfire risk is low and managed through Fairfax County emergency planning.
Vienna requires working smoke alarms in every dwelling under the Virginia Statewide Fire Prevention Code and USBC. Alarms must be installed in every sleeping room, outside each sleeping area, and on every level including basements. Rental properties face additional landlord inspection and certification duties under Virginia landlord-tenant law.
Vienna prohibits open burning of leaves, brush, and yard waste within town limits. The Town of Vienna follows the Statewide Fire Prevention Code and Fairfax County open burning restrictions, which forbid most residential open burning in densely populated areas. The Virginia 4 PM Burning Law applies countywide during spring fire season (February 15 through April 30).
Portable fire pits and chimineas are permitted in Vienna under state fire code. Recreational fire rules apply: ≤3 ft fuel diameter, ≥25 ft from structures, dry wood only. Multi-family balcony restrictions apply per Statewide Fire Prevention Code §307.4.4.
Consumer fireworks are banned in the Town of Vienna and throughout Fairfax County. Despite Virginia legalizing consumer fireworks statewide in 2021, localities retain authority to prohibit them, and both Vienna and Fairfax County have kept a near-total ban. Only sparklers, fountains, and other non-aerial, non-explosive novelties are permitted, and even these are restricted to private property.
Fairfax County is not designated as a high-risk wildfire zone but borders Manassas Battlefield and stream-valley parks where seasonal brush fires occur; FCFRD coordinates with Virginia Department of Forestry on prevention and burn-ban enforcement.
Fairfax County Fire Prevention Code limits residential propane storage based on tank size and location, requiring permits for cylinders over 125 gallons water capacity and prohibiting indoor storage of cylinders larger than one pound capacity.
Vehicle noise in Vienna is regulated through both Town Code and Virginia state law. Modified exhaust systems, excessively loud stereos, and unnecessary horn use are prohibited. Vehicles must have functioning mufflers, and sound systems audible more than 50 feet from the vehicle are subject to citation.
Vienna does not currently ban gas leaf blowers but restricts their use to construction hours: 7 AM to 9 PM weekdays and 9 AM to 9 PM Saturdays, with no use on Sundays. Fairfax County and several NOVA jurisdictions are considering gas leaf blower phase-outs, which may affect Vienna in coming years.
Commercial noise in Vienna, including HVAC equipment, refrigeration units, delivery activity, and loading docks, is regulated through zoning conditions and the general noise ordinance. Businesses near residential zones face stricter requirements, with most deliveries restricted to 7 AM to 10 PM.
Loud parties and gatherings in Vienna are governed by the general noise ordinance. Amplified music, shouting, and gathering noise plainly audible at the property line during quiet hours (10 PM weekdays, 11 PM weekends) can result in Class 3 misdemeanor charges. Hosts are responsible for guest conduct.
Persistent barking dogs are regulated under Vienna Town Code as a public nuisance. Barking, howling, or whining audible beyond the owner's property for more than 15 consecutive minutes, or intermittently for 30 minutes, may result in citation. Owners receive a warning before fines are issued.
The Town of Vienna restricts unreasonably loud, disturbing, or unnecessary noise at all hours under Chapter 13 of the Town Code, with enhanced nighttime restrictions from 10:00 PM to 7:00 AM on weekdays and 11:00 PM to 8:00 AM on weekends. Residential quiet hours prohibit any noise audible at the property line that disturbs a reasonable person of ordinary sensibilities.
Construction and contractor work in Vienna is permitted Monday through Friday 7:00 AM to 9:00 PM, Saturday 9:00 AM to 9:00 PM, and prohibited on Sundays and federal holidays. Homeowners doing their own work have slightly more flexibility but must still avoid nighttime disturbance of neighbors.
Virginia localities cannot regulate aircraft noise in flight because federal aviation law preempts the field, leaving the FAA in sole control of aircraft operations and noise above the ground.
Commercial vehicles over 12,000 pounds gross vehicle weight rating, tractor-trailers, and vehicles with commercial signage above specified sizes generally cannot be parked overnight in Vienna residential zones. Light commercial vehicles such as pickup trucks and vans used for the owner-occupant's business are usually permitted if they meet size and weight limits.
On-street parking in Vienna is generally allowed on residential streets unless signed otherwise. Vehicles may not be parked in the same spot on a public street for more than 72 consecutive hours, and parking is prohibited within 15 feet of a fire hydrant, 20 feet of a crosswalk, and 30 feet of a stop sign.
Vienna restricts recreational vehicle, boat, and trailer parking on residential property. RVs and boats generally must be stored in a side or rear yard behind the front building line, screened from street view, and cannot be used as dwellings. On-street RV parking is prohibited beyond short-term loading of 24 to 48 hours.
Virginia statutes define abandoned vehicles, authorize removal from public and private property, and govern the lien, sale, and titling process that localities must follow when impounding unattended vehicles.
Virginia law prohibits homeowner and condominium associations from banning electric vehicle charging stations on a unit owner's exclusive-use property, though associations may impose reasonable conditions on installation and operation.
Vienna swimming pools follow the Virginia Uniform Statewide Building Code (13VAC5-63), which adopts the International Swimming Pool and Spa Code §305 and IRC Appendix AG105 for residential pool barriers.
Fairfax County requires a building permit from Land Development Services for any private pool, spa or hot tub with a surface area greater than 150 sq ft, capacity over 5,000 gallons, or depth of 24 inches or more. Separate plumbing and electrical permits also apply. All outdoor pools must have a barrier meeting the International Swimming Pool and Spa Code Section 305 (48-inch minimum height).
Above-ground pools in Virginia fall under the same USBC barrier and permit standards as in-ground pools when capable of holding 24 inches or more of water.
Hot tubs and spas in Virginia must meet USBC electrical, bonding, and cover requirements that supersede conflicting local construction rules.
Pool safety equipment, anti-entrapment, and barrier rules are set statewide under Virginia's adoption of the International Swimming Pool and Spa Code.
Vienna enforces the Virginia Stormwater Management Act and Chesapeake Bay Preservation Act. New construction or land disturbance of 2,500 square feet or more triggers stormwater review, a Virginia Stormwater Management Program (VSMP) permit, and erosion and sediment control plan approval prior to any grading.
Vienna has an active tree conservation program and enforces tree preservation during land disturbance. Specimen and heritage trees on private property may require permits for removal. Street trees in the right-of-way are Town property and cannot be removed or significantly pruned without Town approval.
Vienna regulates development in Special Flood Hazard Areas under Town Code Chapter 18.1 (Floodplain Ordinance), administered through Public Works in compliance with FEMA's National Flood Insurance Program.
Fairfax County Code Chapter 104 requires an approved erosion and sediment control plan before any land-disturbing activity exceeding 2,500 square feet, enforced by Land Development Services inspectors.
Fairfax County adopted a Climate Adaptation and Resilience Plan (CARP) and an Operational Energy Strategy targeting carbon neutrality for county operations by 2040 and community-wide by 2050.
Fairfax County Procurement Resolution and Operational Energy Strategy require staff to favor ENERGY STAR, EPEAT, and recycled-content goods, and to evaluate lifecycle cost rather than lowest sticker price.
Fairfax County uses tree canopy goals, cool roof incentives in Tysons, and stormwater bioretention to mitigate urban heat islands in dense activity centers under the CECAP framework.
Fairfax County has not adopted a gas-powered leaf blower ban, but noise ordinance Chapter 108.1 limits blower use during quiet hours and the county encourages voluntary electric replacement.
The Chesapeake Bay Preservation Act mandates 100-foot vegetated buffers along tidal waters and tributaries in 84 covered Tidewater localities, with state-set criteria local ordinances must meet or exceed.
Virginia Code Section 18.2-324.2 prohibits using drones or other technology to peep into dwellings with intent to view occupants where privacy is expected. Drones capturing video or photos of neighbors without consent may trigger civil claims for intrusion. Federal FAA rules do not preempt state privacy torts.
Commercial drone operators in Virginia follow FAA Part 107 rules and are shielded from most local regulation under state preemption, with limited exceptions for locality-owned property and specific privacy crimes.
Vienna requires grass and weeds on developed residential lots to be kept below a maximum height, typically 12 inches, under VA Code Section 15.2-901 authorization. Overgrowth triggers notice and potential Town-ordered cutting at owner expense. Naturalized landscaping and certified pollinator gardens may qualify for exemption.
Graffiti on Vienna private or public property must be removed by owners promptly under property maintenance standards. Vandalism causing graffiti is a Class 1 misdemeanor under VA Code Section 18.2-138 with potential felony charges for damages over $1,000. The Town may assist property owners with removal resources.
Vienna limits residential garage sales to a small number per year (typically 2-4) to distinguish casual personal sales from unpermitted retail activity. Exceeding the limit may trigger zoning code enforcement requiring business licensing and home occupation review. Estate sales have separate accommodations.
Vienna generally does not require permits for occasional residential garage or yard sales. Frequency limits typically apply (usually 2-4 sales per year per residence, up to 2-3 days each) to distinguish personal sales from unpermitted retail. Signs must follow temporary sign rules with prompt removal after the sale.
Vienna enforces the Virginia Uniform Statewide Building Code (USBC) through its Building Official. Permits are required for new construction, additions, structural alterations, decks over 30 inches above grade, electrical, plumbing, mechanical work, and most accessory structures over 256 square feet. Work done without a permit can trigger stop-work orders and double permit fees.
Fairfax County Land Development Services conducts mandatory inspections at key construction phases. Typical residential projects require footing, foundation, framing, insulation, rough mechanical/electrical/plumbing, and final inspections. Inspections are scheduled online or by phone, typically with next-business-day availability. Work cannot proceed to the next phase until the prior inspection passes. Final Certificate of Occupancy (CO) required before occupying new construction or major additions.
Fairfax County requires annual inspection of all passenger and freight elevators under the Virginia Uniform Statewide Building Code, with current operating certificates posted in each car and maintained by licensed contractors.
Fairfax County follows the Virginia Uniform Statewide Building Code requiring automatic fire sprinklers in new high-rises, multifamily housing over three stories, and most commercial occupancies, with FCFRD plan review and acceptance testing mandatory.
Fairfax County requires landlords and property owners to maintain rental and commercial buildings free of vermin under the Virginia Maintenance Code, with Health Department referrals for persistent infestations affecting multifamily housing.
Fairfax County enforces Virginia USBC and Virginia Statewide Fire Prevention Code rules on means-of-egress door hardware, requiring single-action unlocking from the egress side and prohibiting multiple operations or special knowledge to exit.
Fairfax County enforces federal lead-based paint disclosure for pre-1978 housing and follows Virginia Department of Health protocols for childhood lead exposure investigations, with renovation permits requiring EPA RRP certification for affected properties.
Fairfax County requires licensed childcare facilities to meet Virginia USBC occupancy standards, fire-marshal inspections, and Virginia Department of Education licensing rules, with home-based providers also subject to county zoning and building code requirements.
Fairfax County requires permits for scaffolding extending into public rights-of-way and compliance with Virginia OSHA standards on construction sites, with sidewalk closures coordinated through Land Development Services and the Department of Transportation.
Fairfax County encourages green building through its Green Building Policy for county-funded projects targeting LEED Silver, but imposes no mandatory green-code requirements on private development beyond the Virginia USBC energy provisions.
Commercial door-to-door solicitors in Vienna generally must obtain a Town permit and comply with hours (typically 9 AM to sunset or 8 PM). Residents may post No Solicitation signs; solicitors must honor them. Religious and political canvassing receive full First Amendment protection and cannot be required to obtain commercial permits.
Virginia enforces the federal Do Not Call Registry and the state Telephone Privacy Protection Act, prohibiting most unsolicited telephone solicitations to registered numbers and regulating commercial calling practices statewide.
Vienna enforces strict front-yard setbacks that vary by zoning district. Typical single-family residential districts (R-8, RS-16) require a minimum 35-foot front setback measured from the front property line to the closest point of the main dwelling. Porches, bay windows, and steps may project limited distances into the setback.
The Virginia Uniform Statewide Building Code supersedes local construction standards for foundations, materials, and structural design, leaving zoning height limits to localities.
The Town of Vienna provides weekly residential trash collection to Town residents as part of municipal services. Collection occurs on designated days by neighborhood. Residents receive Town-issued guidelines for bin placement, allowed materials, and holiday schedule adjustments. Service is funded through Town taxes rather than per-use fees.
Illegal dumping within Vienna violates Town Code and Virginia Code Section 33.2-802. Penalties include civil fines and potential misdemeanor charges. Dumping on public property, private property without consent, or in waterways triggers escalating penalties. The Town investigates reports through code enforcement and police.
Vienna offers curbside single-stream recycling collection on a rotating schedule, typically bi-weekly or weekly paired with trash day. Accepted materials include paper, cardboard, glass, metal cans, and specified plastics. Virginia requires localities to achieve 25 percent recycling rate under state solid waste law.
Vienna provides seasonal yard waste collection including leaves, grass clippings, and brush. Yard waste must be separated from regular trash, bundled or placed in approved containers or compostable bags. The Town conducts vacuum leaf collection in fall and brush/limb pickup on scheduled dates.
Vienna residents can schedule bulk item pickup for large household goods such as furniture, mattresses, and small appliances. Pickups are typically scheduled in advance through Public Works. Some items like refrigerators require Freon removal certification. Electronics and hazardous items require Fairfax County drop-off.
Trash containers in Fairfax County must have tight-fitting lids, be leak-proof, and generally must be stored out of view from the street except on collection day under Zoning Ordinance and Chapter 109.1. Containers may typically be placed at the curb the evening before collection and must be removed by the end of collection day.
Vienna regulates outdoor lighting through its zoning ordinance to prevent glare, light trespass, and excessive illumination of neighboring properties. Residential fixtures must be shielded so the light source is not directly visible from adjacent properties, and floodlights pointed at neighboring homes violate nuisance standards.
While Vienna does not have a full dark-sky ordinance, the zoning code limits sky glow and upward light spill. Commercial properties must use full-cutoff fixtures for parking areas, and excessive upward-directed lighting is treated as a nuisance, particularly near Wolf Trap National Park.
Political campaign signs are protected core political speech under the First Amendment and Virginia law. Vienna cannot impose content-based restrictions or shorter display periods than other temporary signs. Size and placement rules apply uniformly. Signs in public rights-of-way are prohibited regardless of content.
Virginia law prohibits all signs, including garage sale and yard sale notices, placed within the limits of any state highway right-of-way, with a $100 civil penalty per occurrence.
Solar permits in Vienna require a building permit for structural review, an electrical permit for the DC and AC components, and an interconnection agreement with Dominion Energy. Most residential systems are reviewed over the counter or within a few weeks and must meet Virginia USBC wind and fire code provisions.
Under the Virginia Solar Freedom Act (VA Code §67-701, effective July 2020), HOAs in Fairfax County may not prohibit residential solar installations unless such a prohibition is expressly recorded in the community's declaration. HOAs may adopt reasonable aesthetic restrictions regarding placement but cannot impose rules that significantly reduce system efficiency or increase cost substantially.
Vienna requires rental property owners to comply with Virginia Residential Landlord and Tenant Act and Town property maintenance standards. While Vienna does not operate a formal rental registration program, rental units must meet building, fire, and property maintenance code requirements, and inspections may be triggered by complaints or code enforcement activity.
Fairfax County and Virginia prohibit housing discrimination based on a tenant lawful source of income, including Section 8 Housing Choice Vouchers. Landlords cannot refuse to rent solely because the tenant uses a voucher under the Virginia Fair Housing Law.
Fairfax County landlords follow Virginia state law on security deposits. Deposits cannot exceed two months rent and must be returned within 45 days of move-out with an itemized statement under Virginia Code Section 55.1-1226.
Fairfax County follows Virginia law allowing no-fault lease nonrenewal with proper written notice. Most landlords can decline to renew without stating a reason, subject to limited just-cause protections added by Virginia HB 2541 (2024).
Fairfax County follows Virginia state eviction law. Virginia HB 2541 (2024) added limited just-cause termination protections for some tenants, but most evictions still proceed under the Virginia Residential Landlord and Tenant Act notice and cure framework.
Fairfax County tenants are protected from landlord harassment and retaliation under the Virginia Residential Landlord and Tenant Act. Self-help lockouts, utility shutoffs, and retaliatory rent hikes are prohibited under Virginia Code Section 55.1-1258.
Fairfax County cannot impose rent control on private housing. Virginia is a Dillon Rule state and the Virginia Residential Landlord and Tenant Act does not authorize local rent caps, leaving rent levels to the market under Virginia Code Section 55.1-1200.
Fairfax County Redevelopment and Housing Authority administers the Housing Choice Voucher program. Landlords cannot refuse vouchers solely because of source of income, and units must pass Housing Quality Standards inspection before lease-up.
Fairfax County enforces a juvenile curfew under County Code Chapter 5, generally prohibiting minors under 17 from being in public places between 11 PM and 5 AM (midnight-5 AM on weekends) without a parent or guardian. Virginia Code 18.2-371.2 authorizes local curfew ordinances.
Fairfax County Park Authority parks are generally open from dawn to dusk, with specific closing times posted at each park (commonly sunset or 30 minutes after sunset). Being in a park after hours without authorization is a Class 4 misdemeanor under County Code Chapter 8.
Virginia legalized possession of up to 1 ounce of marijuana and cultivation of up to 4 plants per household for adults 21+ effective July 1, 2021. However, recreational retail sales remain BANNED in Virginia — there are no licensed adult-use retailers. Public use, driving under the influence, and underage use remain illegal.
Virginia legalized adult-use cannabis in 2021 but has not opened the recreational retail market. Fairfax County allows only Cannabis Control Authority licensed pharmaceutical processors, not adult-use dispensaries.
Virginia law allows residents 21 and older to cultivate up to four cannabis plants per household for personal use. Plants must be tagged, hidden from public view, and inaccessible to minors.
Virginia law sets minimum buffers between cannabis facilities and schools, daycares, and similar uses. Fairfax County may impose additional setbacks through its special exception zoning process.
Fairfax County permits state-licensed cannabis cultivation and processing only by special exception in designated industrial and commercial zones, subject to Board of Supervisors review and conditions.
Virginia has not authorized commercial adult-use cannabis delivery. Only registered medical patients can receive deliveries from Cannabis Control Authority licensed pharmaceutical processors under tightly controlled rules.
Fairfax County operates emergency shelters and bridge housing through the Office to Prevent and End Homelessness Continuum of Care. Programs provide short-term stays while clients secure permanent housing through rapid rehousing or supportive housing placements.
Fairfax County manages homeless encampments through a coordinated outreach and cleanup protocol led by the Office to Prevent and End Homelessness. Cleanups follow advance notice and outreach contact, with property storage offered when feasible.
Fairfax County does not have a blanket sit-lie ordinance. Sidewalk and public space conduct is regulated through Code Chapter 5 obstruction rules and Chapter 30 misdemeanors, applied with referrals to Office to Prevent and End Homelessness services.
Fairfax County Code Chapter 109.1 (Property Maintenance) requires owners to keep premises free of rodent harborage and infestation. Violations trigger Code Compliance enforcement and abatement orders.
Fairfax County Health Department inspects restaurants under Virginia Food Regulations. Inspection reports are public, posted online, but Virginia does not require letter-grade placards on restaurant doors.
Fairfax restaurants must have at least one Certified Food Protection Manager on staff under the Virginia Food Regulations. Fairfax does not require county-specific food handler cards for line workers.
Bed bug infestations in Fairfax rentals fall under the Virginia Residential Landlord and Tenant Act habitability duty. Landlords generally must treat infestations not caused by tenant fault.
Fairfax County prohibits placing loose syringes in regular trash or recycling. Residents must use rigid sharps containers and drop off at participating county facilities or pharmacies.
Fairfax County has not adopted a plastic straw ordinance. Virginia has not preempted nor authorized county straw rules, so local restaurants may freely provide plastic straws to customers.
Fairfax County charges a five-cent tax on disposable plastic bags at grocery stores, convenience stores, and pharmacies. Authorized by Virginia Code 58.1-1745, effective in Fairfax since January 2022.
Virginia's expanded polystyrene foam container ban was deferred by the General Assembly. Fairfax County does not currently restrict foam takeout containers because Dillon's Rule limits independent county action.
Virginia requires retail tobacco license for vape and e-cigarette sales under VA Code Section 58.1-1021.04:1. Fairfax County zones tobacco retail through general commercial districts without a separate vape overlay.
Virginia Code Section 18.2-371.2 prohibits sales of tobacco, hemp, and vape products to anyone under 21. Fairfax County retailers must verify ID and face state criminal penalties for violations.
Virginia has not enacted a statewide ban on flavored tobacco or menthol products; sales remain lawful to adults 21 and over subject to general tobacco regulations under Code 18.2-371.2.
Fairfax County Comprehensive Plan and Zoning Ordinance create transit station area policies for Tysons and Reston, allowing higher density and mixed use within walking distance of Silver Line Metrorail stations.
The Fairfax County Comprehensive Plan organizes growth through Area Plans for Tysons, Reston, Annandale, Springfield, and 21 other planning districts, supplemented by detailed sector and small-area studies.
Fairfax County Workforce Dwelling Unit (WDU) and Affordable Dwelling Unit (ADU) policies grant density bonuses up to 20 percent to projects providing income-restricted homes under Zoning Ordinance Article 2.
Fairfax County operates limited reclaimed water reuse at the Noman M. Cole Pollution Control Plant, supplying non-potable water to the plant itself and select industrial users under Va. DEQ Water Reclamation regulations.
Fairfax Water customers are urged to report visible main breaks or service-line leaks to the 24-hour FCWA Operations line; high-bill leak adjustments are available once per account every 24 months.
Fairfax Water (FCWA) issues voluntary lawn-watering guidelines and may invoke mandatory restrictions during declared drought emergencies under its Drought Management Plan and Va. Code 15.2-924.
The Fairfax County Bicycle Master Plan and ActiveFairfax Transportation Plan guide bike lane construction; Va. Code Title 46.2 sets statewide rider rules including the three-foot passing law.
Fairfax County operates a shared mobility device pilot allowing licensed e-scooter and bike-share operators to deploy in Tysons and Reston under FCDOT permits and Va. Code 46.2-908.1.
Fairfax County Code Chapter 124 allows designation of heritage, specimen, memorial, and street trees with the property owner's consent, granting enhanced protection during development review.
Fairfax County Code Chapter 124, the Tree Conservation Ordinance, requires tree preservation plans during land development and protects designated trees within rights-of-way and conservation areas.
Secondhand dealers and precious-metal buyers in Fairfax County must register with the Fairfax County Police Department, hold a BPOL, and report transactions per VA Code Sections 54.1-4100 and 59.1-117.
Tobacco and vape retailers in Fairfax County need a BPOL plus a Virginia tobacco retail certificate. State law sets minimum sale age at 21 under VA Code Section 18.2-371.2 and preempts most local age rules.
Massage establishments in Fairfax County must hold a Business Professional and Occupational License (BPOL) and individual therapists need state certification through the Virginia Board of Nursing under VA Code Title 54.1.
Tattoo parlors and body-piercing studios in Fairfax County must hold a BPOL, employ artists with state certification under VA Code Title 54.1 Chapter 7, and pass health-department inspections for sanitation and bloodborne-pathogen control.
Tow operators in Fairfax County must hold a BPOL, register vehicles with FCPD, and follow nonconsensual towing rate caps and notice rules under VA Code Section 46.2-1217 and county Trespass Towing Advisory Board guidance.
Smoking is prohibited in Fairfax County parks, on playgrounds, near building entrances, and at indoor public places under Chapter 41.1A of the County Code, with state restrictions on restaurant smoking under VA Code Section 15.2-2824.
Fairfax County Code Chapter 108.1 restricts loud parties between 10 p.m. and 7 a.m., with FCPD authorized to issue citations and possible misdemeanor charges for repeat disturbances under VA Code Section 18.2-415.
Drinking alcohol in Fairfax County parks, sidewalks, and most public spaces is prohibited under VA Code Section 4.1-308, except at licensed venues like Reston Town Center designated outdoor refreshment areas and special-event permits.
Although Virginia legalized adult-use cannabis under SB 1406 in 2021, public consumption remains illegal statewide and in Fairfax County under VA Code Section 4.1-1108, including parks, sidewalks, vehicles, and Tysons Corner public spaces.
Fairfax County imposes a 4% transient occupancy tax on hotel, motel, and short-term-rental stays under 30 days, on top of the 5.3% Virginia sales tax, for a combined rate near 9.3% on lodging.
Fairfax County Living Wage Ordinance under Code Section 22.1, adopted in 2017, requires county service contractors to pay a periodically adjusted living wage above the Virginia minimum, but it does not extend to private hotels generally.
Virginia state law sets the minimum wage at $12 per hour rising to $13.50 in 2025 under VA Code Section 40.1-28.10, and counties including Fairfax cannot enact higher local minimum wages under Dillon's Rule.
Virginia HB 783 (2021) provides paid sick leave only to home health workers under VA Code Section 40.1-33.3, and Dillon's Rule prevents Fairfax County from mandating broader paid sick leave on private employers.
Virginia has no statewide predictive scheduling law, and Dillon Rule limits leave localities without authority to impose fair workweek or scheduling premium ordinances on private employers.
Virginia Code Section 40.1-11.5 requires state agencies and contractors with 50 or more employees on contracts over $50,000 to use the federal E-Verify system, and Fairfax County applies the rule through procurement compliance.
Code 19.2-83.7 requires Virginia jails to notify ICE before releasing inmates subject to detainers, while 2020 reforms barred state agencies from inquiring into immigration status for service eligibility absent legal requirement.
Virginia issues concealed handgun permits under Code 18.2-308.01 through 18.2-308.014, with shall-issue standards administered by circuit courts; localities cannot impose additional concealed carry requirements.
Virginia preempts most local firearm regulation under Code 15.2-915, but a 2020 amendment lets localities restrict firearms in specific public buildings, parks, recreation centers, and permitted events.
Virginia generally permits open carry of firearms by adults without a permit, though Code 18.2-287.4 restricts certain loaded high-capacity weapons in named public areas of larger localities.
Virginia Code 18.2-308 lets adults transport firearms in personal vehicles, with concealed handguns in a closed compartment lawful without a permit; localities are preempted by Code 15.2-915.
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 3.2-301 establishes the Right to Farm Act, shielding established agricultural operations from nuisance lawsuits and limiting local ordinances that would restrict bona fide farming activities.