Bill > HB1279

This bill, effective September 1, 2026, allows for the administrative approval of housing development and construction on land owned by property tax-exempt religious organizations or certain 501(c)(3) property tax-exempt nonprofit organizations, meaning these developments can proceed without requiring special permits or discretionary reviews from local governments. Specifically, zoning ordinances must permit by-right development, which means it's allowed automatically without special approval processes like a special exception, special use permit, conditional use permit, or rezoning, and the approval process must be completed administratively within 60 days, with applications deemed approved if no action is taken within 90 days. To qualify, the property must have been owned by the organization for at least five years, at least 60 percent of the housing units must be designated as affordable housing (defined as housing affordable to households at or below the area median income, paying no more than 30% of their gross income for housing costs), and this affordability must be maintained for a minimum of 50 years, with all housing subject to local real property taxation after completion unless explicitly exempted by the locality. The bill also sets minimum standards for housing development, allowing for at least three full stories or 40 feet in height, a density of at least four units per lot or 20 units per acre, and the construction of various housing types, while limiting parking requirements to one space per unit or the least restrictive local standard, whichever is less, and also permits publicly available ground-floor facilities like religious worship space and child day centers. These provisions do not apply to property adjacent to land zoned for active heavy industrial use, and existing permits approved before September 1, 2026, are exempt.

Government Affairs

https://lis.virginia.gov/bill-details/20261/HB1279