Localities; publication of notice in newspaper.
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HB 167 — Localities; publication of notice in newspaper.
Last action — Approved by Governor-Chapter 478 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 10, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Publication of notice by localities. Provides that in any instance in which a locality has submitted a correct and timely notice request to a newspaper published or having general circulation in the locality and such newspaper fails to publish the notice, or publishes the notice incorrectly, such locality shall be deemed to have met the appropriate notice requirements so long as the notice was published in the next available edition of a newspaper having general circulation in the locality.
Bill Text
What changed in the latest version
233 added · 225 removedPlain-language change summary
The updated version of Bill HB 167 clarifies the requirements for localities to publish notices about plans and ordinances by removing some redundant language and streamlining the process. Notably, it specifies that notices must be published for two successive weeks and allows a joint public hearing to occur with consolidated notice from the governing body. This change simplifies the notification process for local governments, ensuring that the community is still informed while reducing potential confusion in the advertisement requirements. Overall, it makes the process more efficient and accessible for local residents to engage in public hearings.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E478 An Act to amend and reenact § 15.2-2204, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to publication of notice by localities.
R O [H 167] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
That § 15.2-2204, as it is currently effective and as it shall become effective, of the CodeEofCode of Virginia is amended and reenacted as follows:
D§ hearings;15.2-2204.
written(Effective noticeuntil ofJuly certain1, amendments.Advertisement2022) Advertisement of plans, ordinances, etc.;
joint public A.hearings;
written notice of certain amendments.
A.
Every such advertisement shall contain a descriptive summary of the proposed action and a reference to the place or places within the locality where copies of the proposed plans, ordinances or amendments may bebee place or examined.
The local planning commission shall not recommend nor the governing body adopt any plan, H ordinance or amendment thereof until notice of intention to do so has been published once a wee1week for however,two thesuccessive noticeweeks forin bothsome thenewspaper localpublished planningor commissionhaving andgeneral thecirculation governingin bodythe maylocality; be published concurrently.
however, the notice for both the local planning commission and the governing body may be published concurrently.
The term As used in this subsection, "two successive weeks" as used in this paragraph shall mean means that such notice shall be published at least twice in such newspaper with not less than six days elapsing submittedbetween athe timelyfirst notice request to such newspaper and thesecond newspaperpublication. fails to publish the notice, suchas locality shall be deemed to have met the notice requirements of this subsection so long as the notice was published in the next available edition of a newspaper having general circulation in the locality.
In any instance in which a locality in Planning District 23 has submitted a timely notice request to such newspaper and the newspaper fails to publish the notice, such locality shall be deemed to have met the notice requirements of this subsection so long as the notice was published in the next available edition of a newspaper having general circulation in the locality.
classificationB. of 25 or fewer parcels of land, then, in addition to the advertising as required by subsection A, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved;
When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of 25 or fewer parcels of land, then, in addition to the advertising as required by subsection A, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved;
and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as ordinancemay involvesbe arequired tract of land not less than 500 acres owned by the Commonwealthcommission or byits thengagent. federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.
However, when a proposed amendment to the zoning ordinance involves a tract of land not less than 500 acres owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.
When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as required by subsection A, written notice shall be given by the local planning of 4 commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to zoning of 4 ordinance text regulations shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Article 6 (§ 15.2-2240 et seq.) where such lots are less than 11,500 square feet.
or an application for special exception for a change in use or to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.
Such written notice shall be given by the zoning administrator or other administrative officer or, at the direction of the administrator or officer, the requesting applicant shall be required to give the owner such notice and to provide satisfactory evidence to the zoning administrator or other administrative officer that the notice of 4 has been given.
Written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shalEshall satisfy the notice requirements of this subsection.
Rof 4 § 15.2-2204.
joint public heaA.hearings;
written notice of certain amendments.
A.
Every such L advertisement shall contain a descriptive summary of the proposed action and a reference to the place or places within the locality where copies of the proposed plans, ordinances or amendments may be L examined.
E The local planning commission shall not recommend nor the governing body adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published once a week for two successive weeks in some newspaper published or having general circulation in the locality;
however, the notice for both the local planning commission and the governing body may be published appearconcurrently. and present their views, not less than five days nor more than 21 days after the second may advertisement appears in such newspaper.
The notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement appears in such newspaper.
If a joint hearing is held, then public notice as set forth above in this subsection need be given only by the governHnggoverning body.
The term As used in this subsection, "two successive weeks" as used in this paragraph shall mean means that such notice shall be published at least twice in such newspaper, with not less than six da6sdays elapsing between the first and second publication.
In any instance in which a locality has submitted a cErrectcorrect and timely notice request to such newspaper and the newspaper fails to publish the notice, or publishes the notice incorrectly, such locality shall be deemed to have met the notice requirements of this subsection so long as the notice was published in the next available edition of a newspaper having publicationgeneral thereofcirculation shallin notthe belocality. required.
After enactment of any plan, ordinance or amendment, further B.publication thereof shall not be required.
B.
and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the commission or its agent.
However, when a proposed amendment to the zoning as ordinance involves a tract of land not less than 500 acres owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.
When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as required by subsection A, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Article 6 (§ 15.2-2240 et seq.) where such lots are less than 11,500 square feet.
One notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that a representative of the local commission shall make affidavit that such mailings have been made and file anysuch subsequentlyaffidavit adoptedwith amendment or ordinance because of the inadvertentpapers failurein by the ascase. to invalidate representative of the local commission to give written notice to the owner, owners or their agent of any of 4 parcel involved.
Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the local commission to give written notice to the owner, owners or their agent of any parcel involved.
of 4 A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.
Show all 41 changed lines (1 more)
or an application for special exception for a change in use or to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.
Show all 41 changed rows (1 more)
View plain text versions (3)
- CHAP0478 View text Current pdf April 11, 2022
- HB167ER View text pdf February 25, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22102634D pdf January 10, 2022
Action History
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Approved by Governor-Chapter 478 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 11, 2022
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Signed by President
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Signed by Speaker
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Enrolled
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Passed Senate (40-Y 0-N)
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Local Government (14-Y 0-N)
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Referred to Committee on Local Government
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Constitutional reading dispensed
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VOTE: Passage (77-Y 23-N)
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Read third time and passed House (77-Y 23-N)
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Read second time and engrossed
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Read first time
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Reported from Counties, Cities and Towns (16-Y 6-N)
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Subcommittee recommends reporting (9-Y 1-N)
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Assigned CC & T sub: Subcommittee #2
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Referred to Committee on Counties, Cities and Towns
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Prefiled and ordered printed; offered 01/12/22 22102634D
Sponsors
- Margaret B. Ransone · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 24 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barbara A. Favola | — | Yea |
| Bell, John J. | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| T. Travis Hackworth | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 76 | 23 | 0 | 0 |
| Total | 76 | 23 | 0 | 0 |
| % of votes cast | 77% | 23% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 6 | 0 | 0 |
| Total | 16 | 6 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Cordoza, A.C. | — | Yea |
| March, Marie E. | — | Yea |
| Angelia Williams Graves | — | Yea |
| Avoli, G. "John" | — | Yea |
| Briana D. Sewell | — | Yea |
| Danica A. Roem | — | Nay |
| Elizabeth B. Bennett-Parker | — | Yea |
| Gooditis, Wendy W. | — | Nay |
| H. Otto Wachsmann, Jr. | — | Yea |
| Irene Shin | — | Yea |
| James W. Morefield | — | Yea |
| Jason S. Ballard | — | Yea |
| Jenkins, Clinton L. | — | Nay |
| Joseph P. McNamara | — | Yea |
| Kory, Kaye | — | Nay |
| LaRock, Dave A. | — | Yea |
| M. Keith Hodges | — | Yea |
| Mike A. Cherry | — | Yea |
| Mullin, Michael P. | — | Nay |
| Phillip A. Scott | — | Yea |
| Scott A. Wyatt | — | Yea |
| Subramanyam, Suhas | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 1 | 0 | 0 |
| Total | 9 | 1 | 0 | 0 |
| % of votes cast | 90% | 10% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Cordoza, A.C. | — | Yea |
| Angelia Williams Graves | — | Yea |
| Briana D. Sewell | — | Yea |
| Irene Shin | — | Yea |
| James W. Morefield | — | Yea |
| LaRock, Dave A. | — | Yea |
| M. Keith Hodges | — | Yea |
| Mullin, Michael P. | — | Nay |
| Phillip A. Scott | — | Yea |
| Scott A. Wyatt | — | Yea |
Subjects
Frequently asked questions
- What does HB 167 do?
- Publication of notice by localities. Provides that in any instance in which a locality has submitted a correct and timely notice request to a newspaper published or having general circulation in the locality and such newspaper fails to publish the notice, or publishes the notice incorrectly, such locality shall be deemed to have met the appropriate notice requirements so long as the notice was published in the next available edition of a newspaper having general circulation in the locality.
- Who sponsors HB 167?
- HB 167 is sponsored by Ransone, Margaret B..
- What is the current status of HB 167?
- This bill has been enacted into law. Introduced January 10, 2022. Enacted.
- Where can I track HB 167?
- Track HB 167 free on One Click Politics — get push/email alerts when it moves.
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