State Preemption of Local Zoning in Virginia
How Virginia state law overrides local zoning ordinances. ADU preemption, lot split preemption, and impact on city-level regulations.
Statewide Preemption Status Unconfirmed
No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.
What Is State Preemption?
State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.
Virginia actively uses preemption in housing law. The state has enacted legislation that prohibits local governments from blocking certain types of housing development — most notably accessory dwelling units (ADUs) and lot splits.
Compare all 51 jurisdictions: ADU preemption table · Short-term rental preemption table
ADU Preemption
Virginia Code § 15.2-2223 — Comprehensive plan; defines accessory dwelling units (2025 Acts of Assembly, c. 570) · Verified June 25, 2026 · Source
This law preempts local ordinances — cities cannot impose rules stricter than the state ADU standard. Effective 2021-07-01.
What local governments cannot restrict:
- Virginia Code Section 15.2-2291 requires localities to allow accessory apartments (ADUs) in all single-family residential zones · Source
- Localities must permit at least one accessory apartment per single-family dwelling unit · Source
- Localities may require a conditional use permit but may not require a use variance · Source
- Owner-occupancy of either the primary or accessory dwelling may be required by local ordinance · Source
- Localities may set reasonable size and dimensional standards but cannot effectively ban ADUs in single-family zones · Source
- Detached ADUs: localities have more discretion on whether to allow fully detached structures · Source
How Preemption Affects Virginia Cities
State preemption applies to every incorporated city and unincorporated area in Virginia. Select a city below to see how state preemption interacts with local zoning rules.
Source: Virginia Code § 15.2-2223 — Comprehensive plan; defines accessory dwelling units (2025 Acts of Assembly, c. 570). Last verified April 5, 2026. View source