State and Local Reporter - 03/31/2005 (Plain Text Version)

Barry Rutenberg, Chair
Gainesville, Florida

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In this issue:
Ohio Latest State to Pass Notice and Opportunity to Repair Law
Keeping Unjustified Requirements Out of Model Building Codes
North Carolina Builders Win School Impact Fee Case
Court Rejects Anti-Growth Zoning Restrictions in Northern Virginia
Central Arizona HBA Urges Education, Consumer Choice in Lieu of Mandatory New-Home Sprinklers
State and Local Government Affairs Meetings at Spring Board
Texas Study: More Minorities Priced Out of Home Buying Market
Florida Supreme Court Stalls Hometown Democracy
NAHB Legislative Conference: Builders to Carry Storm Water, ESA Concerns to Capitol Hill
Industry News...
Staff Changes in NAHB's State & Local Department

Court Rejects Anti-Growth Zoning Restrictions in Northern Virginia

The Virginia Supreme Court last month threw out broad, anti-growth zoning restrictions in Loudoun County that it said had been adopted without adequate public notice.

In 2003, Loudoun County's Board of Supervisors adopted zoning restrictions that required 10, 20 and as much as 50 acres per house in the western two-thirds of the county.

The court ruled that county officials failed to give adequate public notice of the changes because they did not “indicate the particular areas of the county that would be affected by the proposed policies.”

Loudoun County — about 25 miles west of Washington, D.C., in Northern Virginia — is one of the nation’s fastest growing counties.

“We look forward to working with Loudoun County officials to make sure that the county enjoys sensible, well-planned growth,” said Jim Williams, executive vice president of the Northern Virginia Building Industry Association. “There is a strong demand for housing in the county, and we have a great opportunity to meet that demand in ways that create vibrant communities and improve the quality of life.”

County officials have not decided how they will respond to the court’s ruling in the property rights case. They could try to give proper notice before seeking to reinstate the low-density zoning; they could appeal the decision; or they could do nothing and let the more stringent growth restrictions disappear.

For more information, e-mail Jim Williams, or call him at 703-817-0154.