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Bill > HB198
VA HB198
VA HB198Local government; review of decision by board of zoning appeals, procedures for filing petition.
summary
Introduced
01/07/2026
01/07/2026
In Committee
02/04/2026
02/04/2026
Crossed Over
02/02/2026
02/02/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Local governing body; review of decision by board of zoning appeals; procedures for filing petition. Makes various changes and clarifications to the procedures following the filing of a petition in a circuit court by a party aggrieved by a decision of the board of zoning appeals. Current law provides that a circuit court, upon presentation of the petition, shall allow a writ of certiorari to review such decision and includes certain timing requirements for service upon and response by the board of zoning appeals. The bill clarifies that the petition shall be served upon the secretary or chair of the board of zoning appeals within 30 days after the petition is filed with the clerk of the circuit court and that, within 21 days of being served with the petition, the secretary of the board of zoning appeals shall file the record of the proceedings at issue in the petition. The bill also updates other procedures, such as the time requirements for the filing of responsive pleadings, to be consistent with the various changes and clarifications throughout the bill. This bill is a recommendation of the Boyd-Graves Conference.
AI Summary
This bill clarifies and updates the procedures for appealing decisions made by a local Board of Zoning Appeals (BZA) to a circuit court. Specifically, it mandates that a petition to review a BZA decision must be filed with the circuit court clerk within 30 days of the final decision, and this 30-day deadline is considered mandatory and jurisdictional, meaning missing it will result in dismissal. The bill also specifies that the petition must be served on the secretary or chair of the BZA within 30 days of filing, and the BZA then has 21 days to file the record of the proceedings with the court, though extensions can be granted. It also outlines the necessary parties in such legal proceedings, clarifies the timing for filing responses to the petition, and details how circuit courts should conduct hearings and review BZA decisions, including presumptions of correctness for factual findings and de novo review for legal questions. The bill also addresses the awarding of costs and the potential for a frivolous appeal to result in the petitioner paying court costs.
Committee Categories
Justice
Sponsors (1)
Last Action
Referred to Committee for Courts of Justice (on 02/04/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB198 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB198/text/HB198 |
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