While the Fairfax County has worked on boosting affordable housing, local officials are wary of state bills that would reduce local zoning authority over residential development in commercial zones.
HB 816 by Del. Dan Helmer (D-10) and SB 454 by state Sen. Schuyler VanValkenburg (D-16) would require local zoning ordinances to permit by-right multifamily and mixed-use residential development on a portion of commercial or business zoning district land.
According to the bill, eligible by-right developments would go through localities’ administrative approval processes and not require a special exception, special use or conditional use permit — processes that typically require public hearings and board approvals. The provisions wouldn’t apply in “underdeveloped” areas with at least 60% tree canopy coverage.
Both bills have passed their respective chambers and are in the opposite chambers, but differences between them have emerged.
SB 454 was narrowly recommended with amendments by the House Counties, Cities and Towns Committee to the full House today (Friday). The amended bill calls for localities to allow by-right development on at least 50% of commercially zoned land, which is less than the 75% originally proposed.
The Senate version would apply to cities or towns with 20,000 or more populations and designated metropolitan areas like Northern Virginia. It would provide exemptions for locations near military installations, in heavy industrial or manufacturing zoning areas, and voter-approved casino locations. Projects in historic districts could still face review boards.
SB 454 proposes an effective date of July 1, 2027, one year after most bills from the 2026 Virginia General Assembly session will take effect.
Helmer’s House bill hasn’t been as significantly amended and still proposes a 75% threshold for development of commercial land. However, there’s a chance it could be conformed to the Senate version when presented to the Senate Local Government Committee on Monday (March 2). The committee will decide whether to advance HB 816 to the full Senate.
Bill differences must be reconciled before a final version can go to Gov. Abigail Spanberger (D) for action.
Helmer, who represents part of Fairfax County, told FFXnow the “Housing near Jobs” bills are a response to Virginia’s spiking housing costs and a need to bring employees closer to their jobs.
“That’s why we are taking aggressive action to ensure that working families can rent and own in the Commonwealth, by ensuring that every city and town in Virginia does its part to increase housing supply,” Helmer said. “This bill also ensures that we work alongside municipalities and counties to build housing where jobs actually are, and Virginians need it most.”
Andrew Clark, whose organization Home Builders Association of Virginia helped work on the bill, told the House Counties, Cities and Towns Committee that by-right development “is not a free pass.”
“It bypasses in many cases outdated zoning ordinances,” Clark said. “You still go through those very sometimes long site plan and subdivision plan review processes — so, your environmental protections, historic district preservations, connectivity, all those things that you want in your community.”
However, some local and state officials shared concerns about a broad allowance of by-right development without local board reviews and community input.
Board of Supervisors Chairman Jeff McKay told FFXnow that removing local dialogue on development proposals “is not the answer.” He suggested a better strategy is working with the community to ensure new housing is walkable, transit-oriented and suitable for the neighborhood.
“While adding housing in commercial areas can help meet demand, many of these sites lack essential amenities such as open space, transit access, and other public infrastructure that are critical for creating complete, livable communities,” McKay said. “Overriding local zoning authority risks disconnected, high-density developments without the public spaces, mixed-use design, or infrastructure needed for thriving neighborhoods.”
Representatives from Fairfax County and several other localities testified against SB 454 to the House Counties, Cities and Towns Committee.
Jennifer Van Ee, legislative affairs director for Fairfax County, said the county would lose out proffers — legally binding commitments — usually negotiated with the developers through the local review process to fund core services.
“Proffer plans allow us to have traffic mitigation and actually saves developers some of that by being able to do the proffer plan,” Van Ee said. “That would all go away with this, and I think we all know traffic in Northern Virginia isn’t anyone’s favorite.”
Del. Briana Sewell (D-25) said localities “put forward a good-faith effort” to allow state legislators to work on the bill before opposing it.
“We have to be very conscious in our efforts but we also do need to credit those who have been willing to come to the table,” Sewell said.
Del. Scott Wyatt (R-60) said the bill would provide a major change from local governing boards and commissions deciding where they want housing.
“This is going to greatly impact our localities,” Wyatt said. “It’s very concerning when you hear so many folks from Loudoun County, Fairfax County, Chesterfield County, Prince William County, the larger localities also oppose the bill. We should take a pause and work with these folks to create more housing.”
