A BILL to amend the Code of Virginia by adding a section numbered 15.2-2286.2, relating to zoning; by-right multifamily development.
HB816 would create a new statewide zoning rule requiring certain localities to allow multifamily and mixed-use residential development by right in at least 50 percent of the land area of zoning districts that already permit commercial or business uses, so long as those areas have public water and sewer service or are planned for such service. The bill applies to cities and towns over 20,000 population and to parcels in designated metropolitan planning areas, with an exception for small towns under 7,500 in those areas. Covered projects would be reviewed administratively rather than through discretionary rezoning or special permit processes.
The bill also limits local governments from imposing stricter standards on these projects than the underlying commercial zoning district would otherwise allow. It bars requirements for lower height, density, or floor area ratio, and prevents localities from forcing commercial space into the building or requiring a minimum amount of commercial floor area. For conversions of existing buildings to multifamily or mixed-use use, localities could not apply setback, height, stepback, or frontage rules if the building’s footprint, height, and setbacks are unchanged.
HB816 would add § 15.2-2286.2 to the Code of Virginia and significantly constrain local zoning authority in qualifying cities, towns, and metropolitan planning areas by mandating by-right multifamily and mixed-use development in commercial zones. It would override contrary local ordinances and policies, require administrative review under existing site plan and subdivision procedures, and limit the ability of localities to use rezoning, conditional use permits, or other discretionary approvals to block such housing. The bill includes exemptions for certain sensitive or strategic parcels, including areas with high tree canopy, military-related zones, heavy industrial/manufacturing sites, certified business-ready sites, and casino-adjacent parcels, while preserving historic district review, building code compliance, environmental law, and airport safety/noise zoning authority. The act would take effect July 1, 2027, and expire July 1, 2031.
The available legislative record shows no committee transcript or vote detail, but the bill was ultimately defeated by the Senate. The structure of the bill suggests a strong pro-housing, pro-development policy approach aimed at reducing local zoning barriers to multifamily housing in commercial areas. Its defeat indicates that, at least in the Senate, support was insufficient for enactment despite the housing-supply rationale implicit in the measure.
The main points of contention are likely local control versus statewide housing mandates, and the extent to which commercial districts should be opened to residential development by right. Local governments may object to the bill’s limits on discretionary review, height and density restrictions, and the requirement that a large share of commercial-zoned land be available for multifamily or mixed-use housing. Additional concerns are addressed through exemptions for military installations, historic districts, industrial sites, tree canopy areas, and casino-related parcels, suggesting those were sensitive issues in drafting. The Senate defeat implies unresolved disagreement over whether the state should preempt local zoning authority to this degree.