Bill requiring written notice to adjoining property owners of zoning decisions is amended

March 5, 2020

SB 589 (Hanger), which requires zoning administrators to provide notice of all decisions and determinations to property owners adjacent to or across the road from the subject property, was amended so that it only applies to when such decisions could impair the ability of an adjacent property owner to meet the minimum capacity and yield requirements for a residential drinking well pursuant to § 32.1-176.4.

The bill was amended to address concerns raised about the larger number of written decisions and determinations that a single zoning administrator may make annually when responding for requests to do so, and the burden that would create to comply with the legislation should it become law.

Additionally, the requirement that such notification by delivered by first-class mail to the “agent or occupants” of adjacent property was modified to simply require the zoning administrator to provide a copy of any decision, or zoning determination, to adjacent property owners.

The bill has passed both chambers and headed to the Governor for consideration.

VACo Contact: Joe Lerch, AICP

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