VirginiaSB5042026 Regular SessionSenateWALLET

Vested rights; rulings or orders of the local circuit court, residential project.

Sponsored By: R. Creigh Deeds (Democratic)

Became Law

Summary

Vested rights; rulings or orders of the local circuit court. Provides that a landowner's vested rights in a specific residential project shall not be affected by a subsequent ruling or order of the local circuit court applicable to a zoning ordinance amendment when such ruling or order affects at least 25 individual parcels within a locality unless the significant affirmative governmental act approving such residential project is the direct subject of the ruling or order.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 1 costs, 2 mixed.

Vested development rights locked in

The law locks in your development rights once three things happen: a significant government approval for a specific project, you rely on it in good faith, and you spend a lot to pursue the project. Examples of qualifying approvals include accepted proffers, rezoning, special exceptions or variances, approved preliminary or final plats or site plans (with diligent pursuit of final approval), and final written zoning decisions that are no longer appealable. For residential projects, a later local circuit court ruling that affects 25 or more parcels does not undo your vested rights, unless your project’s own approval is the ruling’s direct target.

Easier rebuilding after disasters or fires

Owners of homes and businesses may repair, rebuild, or replace buildings damaged by a natural disaster, an act of God, or an accidental fire. You can remove or reduce nonconforming features without a variance. If damage is over 50% and you can only repair by restoring the old nonconforming design, you may restore it. Work must meet the Uniform Statewide Building Code and local floodplain rules. Finish within two years, or within four years if a federal disaster is declared for the area.

Replace older manufactured homes legally

If you own a valid nonconforming manufactured or mobile home, you can replace it with a newer home that meets current HUD standards. In parks, a single-section replaces single-section and multi-section replaces multi-section. The new home keeps the prior home’s nonconforming status.

Rules for nonconforming buildings and uses

Localities may let a nonconforming use continue only if the same or a more limited use keeps going and is not stopped for over two years. If you enlarge square footage or make structural changes, you may have to meet current code and bring the use into conformity. A building is treated as nonconforming, not illegal, if it was built under a valid permit with a certificate of occupancy, you relied on a permit and spent a lot in good faith, or you have paid local taxes on it for more than 15 years. A locality can require safety and code upgrades without taking away nonconforming status. Improvements built under other permits, or after an authorized official said they would comply, can be treated as nonconforming, not illegal.

Fee waiver for long-running businesses

If you hold a business license for a nonconforming use, have operated at the same location for at least 15 years, and have paid all local taxes, you can apply for rezoning or a special use permit with no filing fees. The locality must waive those fees.

Stronger proof rules for oral promises

If an authorized official is dead or cannot testify, an uncorroborated account of what the official said is not enough proof. You need other evidence to show the official actually made the statement.

Removal rules for abandoned signs

A sign is abandoned if the business it served has not operated for at least two years. After trying to notify the owner, the locality can order removal. If you refuse, the locality can remove the sign, bill you for the cost, and ask a court to enforce removal.

Sewage system replacement and sewer hookups

You may replace an on-site sewage system in the same general spot. If a public sewer is available, you must connect instead of installing a new on-site system. Any new or replacement system must meet the Health Department rules in effect at installation.

Sponsors & Cosponsors

Sponsor

  • R. Creigh Deeds

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 198 • No: 62

House vote 3/11/2026

Passed House

Yes: 63 • No: 36

House vote 3/6/2026

Reported from Counties, Cities and Towns

Yes: 13 • No: 7

Senate vote 2/17/2026

Read third time and passed Senate

Yes: 21 • No: 17

Senate vote 2/17/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 2/17/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote 2/16/2026

Reported from Courts of Justice with amendments

Yes: 10 • No: 2 • Other: 1

Senate vote 2/16/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 2/16/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/26/2026

Rereferred from Local Government to Courts of Justice

Yes: 13 • No: 0 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0948)

    4/13/2026Governor
  2. Approved by Governor-Chapter 948 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB504)

    3/31/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB504ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. Passed House (63-Y 36-N 0-A)

    3/11/2026House
  11. Read third time

    3/11/2026House
  12. Read second time

    3/10/2026House
  13. Reported from Counties, Cities and Towns (13-Y 7-N)

    3/6/2026House
  14. Referred to Committee on Counties, Cities and Towns

    2/24/2026House
  15. Read first time

    2/24/2026House
  16. Placed on Calendar

    2/24/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB504)

    2/20/2026Senate
  18. Read third time and passed Senate (21-Y 17-N 0-A)

    2/17/2026Senate
  19. Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)

    2/17/2026Senate
  20. Courts of Justice Amendments agreed to

    2/17/2026Senate
  21. Rules suspended

    2/17/2026Senate
  22. Engrossed by Senate as amended (Voice Vote)

    2/17/2026Senate
  23. Read second time

    2/17/2026Senate
  24. Passed by for the day Block Vote (Voice Vote)

    2/16/2026Senate
  25. Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)

    2/16/2026Senate

Bill Text

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