VirginiaHB7872026 Regular SessionHouseWALLET

Zoning; development agreements in certain localities within Planning District 23 (Hampton Roads).

Sponsored By: C.E. Cliff Hayes, Jr. (Democratic)

Signed by Governor

Summary

Zoning; development agreements in certain localities. Allows any locality within Planning District 23 with a population between 245,000 and 350,000 that has adopted a transfer of development rights ordinance to include provisions in its zoning ordinance that allow the governing body to enter into binding development agreements with owners of real property in the locality, so long as the property to be developed contains at least 1,000 acres or is located within (i) a receiving area of a transfer of development rights program and (ii) a tax increment financing district. Current law allows only New Kent County to include such provisions allowing for development agreements in its zoning ordinance.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Certain Virginia localities gain binding development agreements

The law lets eligible Virginia local governments make binding agreements with people holding ownership or other legal interests in property. Eligible localities are New Kent County or localities in Planning District 23 with 245,000–350,000 people and a transfer-of-development-rights ordinance. Property qualifies with at least 1,000 acres, or by being in both a development-rights receiving area and a tax increment financing district. A receiving area accepts development rights transferred from other land. A tax increment financing district uses growth in tax revenue to finance improvements. Each agreement needs approval by local ordinance. It lasts up to 15 years, with successive renewals of up to 10 years each. Agreements support economic growth consistent with the local comprehensive plan, subject to exceptions allowed by existing zoning rules. They cannot override existing zoning or other ordinances except through a variance, special exception, or similar approval. Agreements can set uses, density, building height and size, setbacks, building locations, parking, streets, public improvements, stormwater controls, and construction timing. Owners can provide land, improvements, money, or other value for the agreement's goals or public purposes in the comprehensive plan. These transfers cannot be a condition for getting a permitted use or zoning. Providing—or being required to provide—land, cash, or public improvements to a local, state, or federal government secures the owner's agreement rights. During the agreement, later zoning changes cannot eliminate, restrict, reduce, or modify its protected land-use terms. Exceptions apply for mistake, fraud, or changed circumstances substantially affecting public health, safety, or welfare. Agreements bind later landowners only as the agreement provides. The parties, their successors, or their assigns can mutually agree to amend or cancel all or part of an agreement. Existing rights protections and similar earlier agreements remain intact. The law creates no direct household payment.

Sponsors & Cosponsors

Sponsor

  • C.E. Cliff Hayes, Jr.

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 310 • No: 0

House vote • 3/6/2026

Senate amendment agreed to by House

Yes: 97 • No: 0

Senate vote • 3/4/2026

Passed Senate with amendment Block Vote

Yes: 40 • No: 0

Senate vote • 3/4/2026

Local Government Amendment agreed to

Yes: 0 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/2/2026

Reported from Local Government with amendment

Yes: 15 • No: 0

House vote • 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote • 2/13/2026

Reported from Counties, Cities and Towns with amendment(s)

Yes: 21 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0421)

    4/8/2026Governor
  2. Approved by Governor-Chapter 421 (effective 7/1/2026)

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

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Bill text as passed House and Senate (HB787ER)

    3/13/2026House
  6. Enrolled

    3/13/2026House
  7. Signed by President

    3/13/2026Senate
  8. Signed by Speaker

    3/13/2026House
  9. Senate amendment agreed to by House (97-Y 0-N 0-A)

    3/6/2026House
  10. Passed Senate with amendment Block Vote (40-Y 0-N 0-A)

    3/4/2026Senate
  11. Local Government Amendment agreed to

    3/4/2026Senate
  12. Engrossed by Senate as amended

    3/4/2026Senate
  13. Read third time

    3/4/2026Senate
  14. Passed by for the day Block Vote (Voice Vote)

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

    3/3/2026Senate
  16. Rules suspended

    3/3/2026Senate
  17. Senate committee offered

    3/2/2026Senate
  18. Reported from Local Government with amendment (15-Y 0-N)

    3/2/2026Senate
  19. Referred to Committee on Local Government

    2/18/2026Senate
  20. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  21. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  22. Engrossed by House as amended

    2/16/2026House
  23. committee amendments agreed to

    2/16/2026House
  24. Read second time

    2/16/2026House
  25. Read first time

    2/15/2026House

Bill Text

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