Bills Directing Local BZA’s to Overturn Land Use Decisions Based on State Imposed Criteria Fail

After passing the House (63-35), HB 804 (Helmer) was stricken at the request of the patron in the Senate Local Government Committee. This is the same committee where the Senate version – SB 488 (Van Valkenburg) – was also stricken at the request of the patron. VACo opposed the bills, which would have directed local Boards of Zoning Appeals to overturn local land use decisions that will have the effect of increasing the supply of housing in a locality, if a locality has not made a “good faith effort” to meet required housing targets over a five-year period. After January 1, 2033, an applicant who seeks local government approval for a residential development that will increase the number of housing units in a locality and has that application rejected may appeal such decision to the Board of Zoning Appeals.

VACo Contact: Joe Lerch, AICP

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