Fairfax County, Virginia, Set to Re-adopt Invalidated Zoning Ordinance

April 17, 2023

Fairfax County, Virginia, has announced plans to re-adopt the z-Mod zoning ordinance at its May 9, 2023, Board of Supervisors meeting.

The Virginia Supreme Court’s decision in Berry v. Board of Supervisors of Fairfax County voided the prior z-Mod zoning ordinance. On April 11, 2023, the Board of Supervisors authorized public hearings for z-Mod’s re-adoption. Fairfax County plans to reapprove the exact same ordinance invalidated by the Berry decision.

The county will hold a public hearing before the Planning Commission on May 3 and a public hearing and final vote by the Board of Supervisors on May 9. The re-adopted z-Mod is expected to go into effect immediately after approval.

If you have questions about this decision and its implications, please reach out to a member of the McGuireWoods land use team.

For background on the Berry decision, see McGuireWoods’ March 24, 2023, legal alert.