HB 1122 — Landowners; vested rights.

Summary

Vested rights. Alters the criteria for determining when a landowner's rights shall be deemed vested in a land use. Under current law, such vesting occurs when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act that remains in effect allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act. The bill provides that vesting in a land use includes the development of a specific project as contemplated by and consistent with a significant affirmative governmental act and any related approvals, conditions, plans, or application materials accepted or approved by the locality, including the right to make minor modifications to such approvals that substantially conform and do not materially alter the character of the development contemplated by the significant affirmative governmental act. The bill further provides that a zoning administrator shall issue a written determination as to whether a proposed change is material or nonmaterial and that if a zoning administrator determines that a proposed change is material, an applicant may appeal the decision pursuant to general law. Finally, the bill narrows the circumstances by which a locality may treat a use as a valid nonconforming use by providing that if a landowner's rights are vested in a land use, that use shall not be rendered nonconforming by subsequent ordinance changes, except where the General Assembly explicitly authorizes retroactive application of new standards to protect public health and safety.

Bill Text

• Introduced View text Current pdf

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 15.2-2307.

• 15.2-2307

  , including the affirmative entitlement to develop a specific project as authorized by an approved zoning action or decision,

  Inserts “, including the affirmative entitlement to develop a specific project as authorized by an approved zoning action or decision,”.

• 15.2-2307

  allowing

  Strikes “allowing”.

• 15.2-2307

  that authorizes

  Inserts “that authorizes”.

• 15.2-2307

  a

  Strikes “a”.

• 15.2-2307

  the landowner

  Inserts “the landowner”.

• 15.2-2307

  '

  Inserts “'”.

• 15.2-2307

  s property consistent with the

  Inserts “s property consistent with the”.

• 15.2-2307

  and the essential characteristics thereof

  Inserts “and the essential characteristics thereof”.

• 15.2-2307

  For purposes of this subsection, vesting in a land use includes, and rights vest to, the development of a specific project as contemplated by and consistent with the significant affirmative governmental act and any related approvals, conditions, plans, or application materials accepted or approved by the locality, including the right to make minor modifications to such approvals that substantially conform

  Inserts “For purposes of this subsection, vesting in a land use includes, and rights vest to, the development of a specific project as contemplated by and consistent with the significant affirmative governmental act and any related approvals, conditions, plans, or application materials accepted or approved by the locality, including the right to make minor modifications to such approvals that substantially conform”.

• 15.2-2307

  to

  Inserts “to”.

• 15.2-2307

  and do not materially alter the character of the development contemplated by the significant affirmative governmental act. Such vested right encompasses the project

  Inserts “and do not materially alter the character of the development contemplated by the significant affirmative governmental act. Such vested right encompasses the project”.

• 15.2-2307

  '

  Inserts “'”.

• 15.2-2307

  s essential characteristics, including its use, density or intensity, building massing and height, site layout and configuration, phasing, accessory and ancillary uses, required site improvements and infrastructure, and design parameters to the extent reasonably shown or described in the granting documents or approvals.

  Inserts “s essential characteristics, including its use, density or intensity, building massing and height, site layout and configuration, phasing, accessory and ancillary uses, required site improvements and infrastructure, and design parameters to the extent reasonably shown or described in the granting documents or approvals.”.

• 15.2-2307

  1.

  Inserts “1.”.

• 15.2-2307

  Once vested,

  Inserts “Once vested,”.

• 15.2-2307

  uncompleted

  Inserts “uncompleted”.

• 15.2-2307

  projects are governed by the ordinances and regulations in effect at the time of approval.

  Inserts “projects are governed by the ordinances and regulations in effect at the time of approval.”.

• 15.2-2307

  A

  Inserts “A”.

• 15.2-2307

  proposed

  Inserts “proposed”.

• 15.2-2307

  material change to a project

  Inserts “material change to a project”.

• 15.2-2307

  ,

  Inserts “,”.

• 15.2-2307

  including

  Inserts “including”.

• 15.2-2307

  (

  Inserts “(”.

• 15.2-2307

  i

  Inserts “i”.

• 15.2-2307

  )

  Inserts “)”.

• 15.2-2307

  an increase in density

  Inserts “an increase in density”.

• 15.2-2307

  , floor area ratio,

  Inserts “, floor area ratio,”.

• 15.2-2307

  or n

  Inserts “or n”.

• 15.2-2307

  umber of dwelling units

  Inserts “umber of dwelling units”.

• 15.2-2307

  by more than 10 percent above t

  Inserts “by more than 10 percent above t”.

• 15.2-2307

  hat originally approved

  Inserts “hat originally approved”.

• 15.2-2307

  ;

  Inserts “;”.

• 15.2-2307

  (

  Inserts “(”.

• 15.2-2307

  ii

  Inserts “ii”.

• 15.2-2307

  )

  Inserts “)”.

• 15.2-2307

  a change in use

  Inserts “a change in use”.

• 15.2-2307

  to a more intensive use

  Inserts “to a more intensive use”.

• 15.2-2307

  ;

  Inserts “;”.

• 15.2-2307

  (

  Inserts “(”.

• 15.2-2307

  iii

  Inserts “iii”.

Action History

1. July 21, 2026

   Continued from last session

2. February 13, 2026

   Continued to next session in Counties, Cities and Towns (Voice Vote)

3. February 06, 2026

   House committee offered

4. February 05, 2026

   Subcommittee recommends reporting (7-Y 0-N)

5. February 04, 2026

   Assigned HCCT sub: Subcommittee #3

6. January 21, 2026

   Fiscal Impact statement From CLG (1/21/2026 1:49 pm)

7. January 14, 2026

   Referred to Committee on Counties, Cities and Towns

8. January 14, 2026

   Prefiled and ordered printed; Offered 01-14-2026 26104888D

Sponsors

• David A. Reid · Primary

Subjects