Virginia HB 1122: Landowners; vested rights.

Bill Text

2026 SESSION

INTRODUCED

26104888D

HOUSE BILL NO. 1122

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to vested rights.

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Patron—Reid

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Referred to Committee on Counties, Cities and Towns

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Be it enacted by the General Assembly of Virginia:

1. That § 15.2-2307 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-2307. Vested rights not impaired; nonconforming uses.

A. Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use, including the affirmative entitlement to develop a specific project as authorized by an approved zoning action or decision, and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing that authorizes development of a the landowner's property consistent with the specific project and the essential characteristics thereof, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

For purposes of this subsection, vesting in a land use includes, and rights vest to, the development of a specific project as contemplated by and consistent with the significant affirmative governmental act and any related approvals, conditions, plans, or application materials accepted or approved by the locality, including the right to make minor modifications to such approvals that substantially conform to and do not materially alter the character of the development contemplated by the significant affirmative governmental act. Such vested right encompasses the project's essential characteristics, including its use, density or intensity, building massing and height, site layout and configuration, phasing, accessory and ancillary uses, required site improvements and infrastructure, and design parameters to the extent reasonably shown or described in the granting documents or approvals.

B. For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: (i) the governing body has accepted proffers or proffered conditions which specify use related to a zoning amendment; (ii) the governing body has approved an application for a rezoning for a specific use or density; (iii) the governing body or board of zoning appeals has granted a special exception or use permit with conditions; (iv) the board of zoning appeals has approved a variance; (v) the designated agent has approved a preliminary subdivision plat, site plan or plan of development for the landowner's property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances; (vi) the designated agent has approved a final subdivision plat, site plan or plan of development for the landowner's property; or (vii) the zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification or reversal under subsection C of § 15.2-2311.

C. 1. Once vested, uncompleted projects are governed by the ordinances and regulations in effect at the time of approval. A proposed material change to a project, including (i) an increase in density, floor area ratio, or number of dwelling units by more than 10 percent above that originally approved; (ii) a change in use to a more intensive use; (iii) an increase in building height beyond approved limits; (iv) relocation of major ingress or egress affecting external traffic circulation; or (v) an increase in stormwater runoff or utility demand beyond approved system capacity, may require the project to obtain new approval from the locality. A proposed nonmaterial change to a project, including (a) minor adjustments in building footprint, lot lines, or internal circulation; (b) shifts in road alignment within an approved right-of-way; (c) stormwater or utility updates required by state or federal law, provided overall capacity is not exceeded or is decreased; (d) architectural or design modifications not affecting density, height, or use; or (e) phasing or sequencing changes within the same approved scope, shall not require the project to obtain a new approval from the locality. Within 14 days of submission of a proposed change, a zoning administrator shall issue a written determination whether the proposed change is material or nonmaterial.

2. If