VirginiaHB1982026 Regular SessionHouseWALLET

Local government; review of decision by board of zoning appeals, procedures for filing petition.

Sponsored By: Joshua E. Thomas (Democratic)

Became Law

Summary

Local governing body; review of decision by board of zoning appeals; procedures for filing petition. Makes various changes and clarifications to the procedures following the filing of a petition in a circuit court by a party aggrieved by a decision of the board of zoning appeals. Current law provides that a circuit court, upon presentation of the petition, shall allow a writ of certiorari to review such decision and includes certain timing requirements for service upon and response by the board of zoning appeals. The bill clarifies that the petition shall be served upon the secretary or chair of the board of zoning appeals within 30 days after the petition is filed with the clerk of the circuit court and that, within 21 days of being served with the petition, the secretary of the board of zoning appeals shall file the record of the proceedings at issue in the petition. The bill also updates other procedures, such as the time requirements for the filing of responsive pleadings, to be consistent with the various changes and clarifications throughout the bill. This bill is a recommendation of the Boyd-Graves Conference.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Faster, clearer steps for local rezoning

Planning commissions prepare proposed zoning ordinances and must hold at least one public hearing. The governing body must send amendments to the commission, and if the commission does not report within 100 days after its first meeting, the proposal is deemed approved unless withdrawn. To shorten the review period, the governing body must hold a public hearing with newspaper notice at least two weeks before and post the notice online. Before adoption, the governing body must hold at least one public hearing, and any rezoning to a more intensive use than shown earlier requires an extra noticed hearing. Counties with an urban county executive form may allow plans, profiles, and elevations to help explain amendment requests.

Tight timelines for zoning board appeals

If you are aggrieved by a zoning board decision, you must file in circuit court within 30 days of the final decision. You must name the governing body, the BZA applicant, and the landowner of record; the board itself is not a necessary party. You must serve all necessary parties and the BZA secretary or chair within 30 days after filing, unless the court extends the time; missing deadlines can lead to dismissal. The BZA secretary must file the record within 21 days of service, and respondents have 21 days after the record is filed or service, whichever is later; petitioners may reply only with court permission. The court holds a prompt hearing, normal discovery does not apply, and the court may affirm, reverse, or modify the decision. BZA decisions and factual findings are presumed correct; you can overcome that by a preponderance of the evidence for variances and administrator rulings, and special exceptions require showing legal error or that the decision was plainly wrong and not fairly debatable. Costs are not assessed against the locality unless it acted in bad faith or with malice; a frivolous appeal can result in the petitioner paying the locality’s record-preparation costs.

Older zoning actions stay valid

Plans or ordinances adopted or changed before March 1, 1968 are not invalid just because notice or multiple hearings were missing. This protection applies only if the governing body held a public hearing before adoption or amendment.

30 days to challenge local rezoning

You must file any court action challenging a local governing body’s zoning decision within 30 days of that decision. This includes adopting or not adopting a zoning ordinance or amendment, or granting or not granting a special exception. The 30‑day filing deadline is mandatory and jurisdictional.

Sponsors & Cosponsors

Sponsor

  • Joshua E. Thomas

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 217 • No: 1

Senate vote 3/10/2026

Passed Senate

Yes: 40 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice

Yes: 11 • No: 0 • Other: 3

House vote 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice

Yes: 19 • No: 0

House vote 1/21/2026

Subcommittee recommends reporting

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0368)

    4/8/2026Governor
  2. Approved by Governor-Chapter 368 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB198ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Passed Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  10. Read third time

    3/10/2026Senate
  11. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  12. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  13. Rules suspended

    3/9/2026Senate
  14. Reported from Courts of Justice (11-Y 0-N 3-A)

    3/5/2026Senate
  15. Referred to Committee for Courts of Justice

    2/4/2026Senate
  16. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  17. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  18. Read second time and engrossed

    2/2/2026House
  19. Read first time

    1/30/2026House
  20. Reported from Courts of Justice (19-Y 0-N)

    1/28/2026House
  21. Subcommittee recommends reporting (9-Y 1-N)

    1/21/2026House
  22. Assigned HCJ sub: Civil

    1/19/2026House
  23. Referred to Committee for Courts of Justice

    1/7/2026House
  24. Prefiled and ordered printed; Offered 01-14-2026 26103516D

    1/7/2026House

Bill Text

Related Bills

Back to State Legislation