VirginiaLarge projects may need affordable homes for county approval
For some large projects, county approval may depend on providing homes kept affordable for 30 years or making a payment to the county housing fund.
What it does
For qualifying projects, a county may require affordable homes on-site or off-site, or a payment to its housing fund. Projects below the stated density are exempt.
Before the first occupancy certificate, the applicant must submit a written plan explaining how it will provide the required homes or payment. The county manager must respond in writing within 30 days.
A county ordinance may require a project to replace lower-cost homes it removes. It may also apply a housing requirement when an existing commercial building becomes housing.
Argument forIf a county uses these rules, large projects could provide homes kept affordable for 30 years to households earning 60% of area median income.
Argument againstProviding homes or paying into the county fund could raise project costs, which developers might pass on to future residents or businesses.
More detail
A county may make affordable homes or a payment to its housing fund a condition of approving a qualifying project. This applies to residential, commercial, and mixed-use projects seeking a special exception at the covered density, including some projects that need rezoning for a use allowed by the county's comprehensive plan. The county must have a comprehensive plan allowing development at a density of at least 1.0 FAR and adopt requirements in its zoning ordinance. Projects below that density are exempt. With the applicant's agreement, the county may substitute other public priorities for some or all of the requirements. The requirements apply when the county considers a special exception application.
An applicant must give the county manager or designee a written plan for meeting the housing requirement. The plan covers an applicant's affordable-home or payment obligation for a covered residential, commercial, or mixed-use project. The applicant may propose a different plan for consideration under county ordinance procedures, which must allow an appeal of an administrative decision to the governing body. The applicant submits the plan before the first certificate allowing occupancy. The county manager or designee responds within 30 days of receiving it.
A county ordinance may require replacement of removed affordable homes and may apply a housing requirement to some changes from commercial to residential use. These options concern special exception applications for residential, commercial, or mixed-use projects, including redevelopment and a change from commercial to residential use. Replacement may be required when a project removes homes affordable to households earning 80% or less of area median income. Rehabilitation or renovation without a change in use is exempt. On redevelopment, requirements cover only density that is replaced or rebuilt and any added density. Redevelopment requirements apply when the county considers the application and cover only replaced or rebuilt density and any increase.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Jan 30Continued to next session in Counties, Cities and Towns (Voice Vote)
- Jan 29Subcommittee recommends continuing to (Voice Vote)
- Jan 28Assigned HCCT sub: Subcommittee #3Minor
- Jan 13Referred to Committee on Counties, Cities and TownsMinor
- Jan 13Prefiled and ordered printed; Offered 01-14-2026 26102707DIntroduced
Housing