The Virginia General Assembly has filed a bill that would make challenges of local land use decisions more difficult.
Virginia House Bill 447 of 2026 would amend §§ 15.2-2285 and 15.2-2314 of the Code of Virginia to define when a person without a direct ownership interest in property may challenge local land use decisions (including zoning and Board of Zoning Appeals decisions) in circuit court. The bill creates third-party standing if the challenger, by clear and convincing evidence, shows they:
- Have an immediate, pecuniary, and substantial interest that is not remote or indirect
- Own or occupy property near the subject property and
- Have suffered a particularized harm to a personal or property right or a burden distinct from the general public
The standing criteria do not apply to property owners directly affected by the decision, and the existing 30-day filing deadline for writs of certiorari remains unchanged. The bill also clarifies that generalized concerns such as changes in property values or traffic do not qualify as particularized harm. HB 447 was prefiled on January 12, 2026, offered January 14, and is pending referral to the House Counties, Cities and Towns Committee.
This will eliminate the standing of many potential plaintiffs challenging land use decisions.
Venable's Land Use and Zoning attorneys can assist in the review of any potential challenges to land use decisions.