Virginia Land Use Legislative Update

March 10, 2010

Vested Rights
HB 1250 – Del. Barry D. Knight (R-Virginia Beach)

Provides that the issuance of any written order, requirement, decision, or determination by the zoning administrator regarding the permissibility of a specific use or density of the landowner's property shall be considered a significant affirmative governmental act for purposes of determining vested rights.

This bill passed both houses of the General Assembly and is expected to be signed into law by the Governor.

Cash Proffers
HB 374 - Del. John A. Cosgrove (R-Chesapeake)

Delays collection or acceptance of a cash proffer by a locality until the residential property has been issued a certificate of occupancy by said locality.

This bill passed both houses of the General Assembly and is expected to be signed into law by the Governor

Urban Development Areas
HB 1071 – Del. Clifford L. Athey, Jr. (R-Front Royal)
SB 420 – Sen. Jill Holtzman Vogel (R-Winchester)

Sets certain densities in urban development areas according to the population of the locality that designated the urban development area. The bill also requires that, to the extent possible, certain federal funding and state water and sewer facility and public infrastructure funding be directed to urban development areas or other designated growth areas. The bill mandates that the Commission on Local Government report on localities' compliance with the statute requiring the designation of urban development areas.

These bills passed both houses of the General Assembly and are expected to be signed into law by the Governor.

Stormwater Management Regulations
HB 1220 – Del. Timothy D. Hugo (R-Centreville)
SB 395 – Sen. Frank W. Wagner (R-Virginia Beach)

Delays implementation of the Virginia stormwater management regulations until the earlier of 280 days after the establishment by the United States Environmental Protection Agency of a Chesapeake Bay-wide Total Maximum Daily Load (TMDL) or December 1, 2011.

These bills passed both houses of the General Assembly and are expected to be signed into law by the Governor.

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