{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2316.4_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2316.4_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2316.4_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2316.4_1.html"}],"law_id":59194,"edition_id":1,"section_id":59194,"structure_id":13557,"section_number":"15.2-2316.4:1","catch_line":"Zoning; other wireless facilities and wireless support structures","history":"2018, cc. 835, 844.","full_text":"A\n\nA locality shall not require that a special exception, special use permit, or variance be obtained for the installation or construction of an administrative review-eligible project but may require administrative review for the issuance of any zoning permit, or an acknowledgement that zoning approval is not required, for such a project.B\n\nA locality may charge a reasonable fee for each application submitted under subsection A or for any zoning approval required for a standard process project. The fee shall not include direct payment or reimbursement of third-party fees charged on a contingency basis or a result-based arrangement. Upon request, a locality shall provide the applicant with the cost basis for the fee. A locality shall not charge market-based or value-based fees for the processing of an application. If the application is for:1\n\nAn administrative review-eligible project, the fee shall not exceed $500; and2\n\nA standard process project, the fee shall not exceed the actual direct costs to process the application, including permits and inspection.C\n\nThe processing of any application submitted under subsection A or for any zoning approval required for a standard process project shall be subject to the following:1\n\nWithin 10 business days after receiving an incomplete application, the locality shall notify the applicant that the application is incomplete. The notice shall specify any additional information required to complete the application. The notice shall be sent by electronic mail to the applicant’s email address provided in the application. If the locality fails to provide such notice within such 10-day period, the application shall be deemed complete.2\n\nExcept as provided in subdivision 3, a locality shall approve or disapprove a complete application:\n\t\t\t\ta. For a new structure within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval; or\n\t\t\t\tb. For the co-location of any wireless facility that is not a small cell facility within the lesser of 90 days of receipt of the completed application or the period required by federal law for such approval or disapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C. § 1455(a).3\n\nAny period specified in subdivision 2 for a locality to approve or disapprove an application may be extended by mutual agreement between the applicant and the locality.D\n\nA complete application for a project shall be deemed approved if the locality fails to approve or disapprove the application within the applicable period specified in subdivision C 2 or any agreed extension thereof pursuant to subdivision C 3.E\n\nIf a locality disapproves an application submitted under subsection A or for any zoning approval required for a standard process project:1\n\nThe locality shall provide the applicant with a written statement of the reasons for such disapproval; and2\n\nIf the locality is aware of any modifications to the project as described in the application that if made would permit the locality to approve the proposed project, the locality shall identify them in the written statement provided under subdivision 1. The locality’s subsequent disapproval of an application for a project that incorporates the modifications identified in such a statement may be used by the applicant as evidence that the locality’s subsequent disapproval was arbitrary or capricious in any appeal of the locality’s action.F\n\nA locality’s action on disapproval of an application submitted under subsection A or for any zoning approval required for a standard process project shall:1\n\nNot unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; and2\n\nBe supported by substantial record evidence contained in a written record publicly released within 30 days following the disapproval.G\n\nAn applicant adversely affected by the disapproval of an application submitted under subsection A or for any zoning approval required for a standard process project may file an appeal pursuant to subsection F of § 15.2-2285, or to § 15.2-2314 if the requested zoning approval involves a variance, within 30 days following delivery to the applicant or notice to the applicant of the record described in subdivision F 2.","order_by":null,"text":{"0":{"id":216984,"text":"A locality shall not require that a special exception, special use permit, or variance be obtained for the installation or construction of an administrative review-eligible project but may require administrative review for the issuance of any zoning permit, or an acknowledgement that zoning approval is not required, for such a project.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216985,"text":"A locality may charge a reasonable fee for each application submitted under subsection A or for any zoning approval required for a standard process project. The fee shall not include direct payment or reimbursement of third-party fees charged on a contingency basis or a result-based arrangement. Upon request, a locality shall provide the applicant with the cost basis for the fee. A locality shall not charge market-based or value-based fees for the processing of an application. If the application is for:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":216986,"text":"An administrative review-eligible project, the fee shall not exceed $500; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":216987,"text":"A standard process project, the fee shall not exceed the actual direct costs to process the application, including permits and inspection.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":216988,"text":"The processing of any application submitted under subsection A or for any zoning approval required for a standard process project shall be subject to the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":216989,"text":"Within 10 business days after receiving an incomplete application, the locality shall notify the applicant that the application is incomplete. The notice shall specify any additional information required to complete the application. The notice shall be sent by electronic mail to the applicant’s email address provided in the application. If the locality fails to provide such notice within such 10-day period, the application shall be deemed complete.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":216990,"text":"Except as provided in subdivision 3, a locality shall approve or disapprove a complete application:\n\t\t\t\ta. For a new structure within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval; or\n\t\t\t\tb. For the co-location of any wireless facility that is not a small cell facility within the lesser of 90 days of receipt of the completed application or the period required by federal law for such approval or disapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C. § 1455(a).","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":216991,"text":"Any period specified in subdivision 2 for a locality to approve or disapprove an application may be extended by mutual agreement between the applicant and the locality.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"8":{"id":216992,"text":"A complete application for a project shall be deemed approved if the locality fails to approve or disapprove the application within the applicable period specified in subdivision C 2 or any agreed extension thereof pursuant to subdivision C 3.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"9":{"id":216993,"text":"If a locality disapproves an application submitted under subsection A or for any zoning approval required for a standard process project:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"10":{"id":216994,"text":"The locality shall provide the applicant with a written statement of the reasons for such disapproval; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"11":{"id":216995,"text":"If the locality is aware of any modifications to the project as described in the application that if made would permit the locality to approve the proposed project, the locality shall identify them in the written statement provided under subdivision 1. The locality’s subsequent disapproval of an application for a project that incorporates the modifications identified in such a statement may be used by the applicant as evidence that the locality’s subsequent disapproval was arbitrary or capricious in any appeal of the locality’s action.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"12":{"id":216996,"text":"A locality’s action on disapproval of an application submitted under subsection A or for any zoning approval required for a standard process project shall:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"F1"},"13":{"id":216997,"text":"Not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"14":{"id":216998,"text":"Be supported by substantial record evidence contained in a written record publicly released within 30 days following the disapproval.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"15":{"id":216999,"text":"An applicant adversely affected by the disapproval of an application submitted under subsection A or for any zoning approval required for a standard process project may file an appeal pursuant to subsection F of § 15.2-2285, or to § 15.2-2314 if the requested zoning approval involves a variance, within 30 days following delivery to the applicant or notice to the applicant of the record described in subdivision F 2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2"}},"ancestry":[{"id":13557,"edition_id":1,"name":"Zoning for Wireless Communications Infrastructure","identifier":"7.2","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:45:13","date_modified":"2026-06-26 03:45:13","permalink":{"id":155489,"object_type":"structure","relational_id":13557,"identifier":"7.2","token":"15.2\/II\/22\/7.2","url":"\/15.2\/II\/22\/7.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60016,"structure_id":13557,"section_number":"15.2-2316.3","catch_line":"Definitions","url":"\/15.2-2316.3\/","token":"15.2\/II\/22\/7.2\/15.2-2316.3","metadata":false},{"id":54520,"structure_id":13557,"section_number":"15.2-2316.4","catch_line":"Zoning; small cell facilities","url":"\/15.2-2316.4\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4","metadata":false},{"id":59194,"structure_id":13557,"section_number":"15.2-2316.4:1","catch_line":"Zoning; other wireless facilities and wireless support structures","url":"\/15.2-2316.4_1\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_1","metadata":false},{"id":79533,"structure_id":13557,"section_number":"15.2-2316.4:2","catch_line":"Application reviews","url":"\/15.2-2316.4_2\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_2","metadata":false},{"id":66633,"structure_id":13557,"section_number":"15.2-2316.4:3","catch_line":"Additional provisions","url":"\/15.2-2316.4_3\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_3","metadata":false},{"id":55768,"structure_id":13557,"section_number":"15.2-2316.5","catch_line":"Moratorium prohibited","url":"\/15.2-2316.5\/","token":"15.2\/II\/22\/7.2\/15.2-2316.5","metadata":false}],"previous_section":{"id":54520,"structure_id":13557,"section_number":"15.2-2316.4","catch_line":"Zoning; small cell facilities","url":"\/15.2-2316.4\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4","metadata":false},"next_section":{"id":79533,"structure_id":13557,"section_number":"15.2-2316.4:2","catch_line":"Application reviews","url":"\/15.2-2316.4_2\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2316.4:1\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapters 835<\/a> and 844<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":79533,"section_number":"15.2-2316.4:2","catch_line":"Application reviews","order_by":null,"url":"\/15.2-2316.4_2\/"}],"refers_to":[{"id":62867,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; appeal","order_by":null,"url":"\/15.2-2285\/"},{"id":64121,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","order_by":null,"url":"\/15.2-2314\/"}],"permalink":{"id":155499,"object_type":"law","relational_id":59194,"identifier":"15.2-2316.4:1","token":"15.2\/II\/22\/7.2\/15.2-2316.4_1","url":"\/15.2-2316.4_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2316.4_1\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_1","dublin_core":{"Title":"Zoning; other wireless facilities and wireless support structures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2316.4:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A locality<\/span> shall not require that a special exception<\/span>, special use permit, or variance be obtained for the installation or construction of an administrative review-eligible project<\/span> but may require administrative review for the issuance of any zoning<\/span> permit, or an acknowledgement that zoning<\/span> approval is not required, for such a project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A locality<\/span> may charge a reasonable fee for each application submitted under subsection A or for any zoning<\/span> approval required for a standard process project<\/span>. The fee shall not include direct payment or reimbursement of third-party<\/span> fees charged on a contingency basis or a result-based arrangement. Upon request, a locality<\/span> shall provide the applicant with the cost basis for the fee. A locality<\/span> shall not charge market-based or value-based fees for the processing of an application. If the application is for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An administrative review-eligible project<\/span>, the fee shall not exceed $500; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A standard process project<\/span>, the fee shall not exceed the actual direct costs to process the application, including permits and inspection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The processing of any application submitted under subsection A or for any zoning<\/span> approval required for a standard process project<\/span> shall be subject to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Within 10 business days after receiving an incomplete application, the locality<\/span> shall notify the applicant that the application is incomplete. The notice shall specify any additional information required to complete the application. The notice shall be sent by electronic mail to the applicant’s email address provided in the application. If the locality<\/span> fails to provide such notice within such 10-day period, the application shall be deemed complete. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Except as provided in subdivision 3, a locality<\/span> shall approve or disapprove a complete application:\n\t\t\t\ta. For a new structure<\/span> within the lesser of 150 days of receipt of the completed application or the period required by federal law<\/span> for such approval or disapproval; or\n\t\t\t\tb. For the co-location<\/span> of any wireless facility<\/span> that is not a small cell facility<\/span> within the lesser of 90 days of receipt of the completed application or the period required by federal law<\/span> for such approval or disapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C. § 1455(a). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any period specified in subdivision 2 for a locality<\/span> to approve or disapprove an application may be extended by mutual agreement between the applicant and the locality<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A complete application for a project shall be deemed approved if the locality<\/span> fails to approve or disapprove the application within the applicable period specified in subdivision C 2 or any agreed extension thereof pursuant to subdivision C 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a locality<\/span> disapproves an application submitted under subsection A or for any zoning<\/span> approval required for a standard process project<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The locality<\/span> shall provide the applicant with a written statement of the reasons for such disapproval; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the locality<\/span> is aware of any modifications to the project as described in the application that if made would permit the locality<\/span> to approve the proposed project, the locality<\/span> shall identify them in the written statement provided under subdivision 1. The locality<\/span>’s subsequent disapproval of an application for a project that incorporates the modifications identified in such a statement may be used by the applicant as evidence<\/span> that the locality<\/span>’s subsequent disapproval was arbitrary or capricious in any appeal<\/span> of the locality<\/span>’s action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A locality<\/span>’s action on disapproval of an application submitted under subsection A or for any zoning<\/span> approval required for a standard process project<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Not unreasonably discriminate between the applicant and other wireless services providers<\/span>, wireless infrastructure providers<\/span>, providers of telecommunications services, and other providers of functionally equivalent services; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Be supported by substantial record evidence<\/span> contained in a written record publicly released within 30 days following the disapproval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> An applicant adversely affected by the disapproval of an application submitted under subsection A or for any zoning<\/span> approval required for a standard process project<\/span> may file an appeal<\/span> pursuant to subsection F of § 15.2-2285<\/a>, or to § 15.2-2314<\/a> if the requested zoning<\/span> approval involves a variance, within 30 days following delivery to the applicant or notice to the applicant of the record described in subdivision F 2. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nZONING; OTHER WIRELESS FACILITIES AND WIRELESS SUPPORT STRUCTURES (\u00a7\n15.2-2316.4:1)\n\nA. A locality shall not require that a special exception, special use permit, or\nvariance be obtained for the installation or construction of an administrative\nreview-eligible project but may require administrative review for the issuance\nof any zoning permit, or an acknowledgement that zoning approval is not\nrequired, for such a project.\n\nB. A locality may charge a reasonable fee for each application submitted under\nsubsection A or for any zoning approval required for a standard process project.\nThe fee shall not include direct payment or reimbursement of third-party fees\ncharged on a contingency basis or a result-based arrangement. Upon request, a\nlocality shall provide the applicant with the cost basis for the fee. A locality\nshall not charge market-based or value-based fees for the processing of an\napplication. If the application is for:\n\n 1. An administrative review-eligible project, the fee shall not exceed $500;\n and\n\n 2. A standard process project, the fee shall not exceed the actual direct\n costs to process the application, including permits and inspection.\n\nC. The processing of any application submitted under subsection A or for any\nzoning approval required for a standard process project shall be subject to the\nfollowing:\n\n 1. Within 10 business days after receiving an incomplete application, the\n locality shall notify the applicant that the application is incomplete. The\n notice shall specify any additional information required to complete the\n application. The notice shall be sent by electronic mail to the\n applicant’s email address provided in the application. If the locality\n fails to provide such notice within such 10-day period, the application shall\n be deemed complete.\n\n 2. Except as provided in subdivision 3, a locality shall approve or disapprove\n a complete application:\n \t\t\t\ta. For a new structure within the lesser of 150 days of receipt of the\n completed application or the period required by federal law for such approval\n or disapproval; or\n \t\t\t\tb. For the co-location of any wireless facility that is not a small cell\n facility within the lesser of 90 days of receipt of the completed application\n or the period required by federal law for such approval or disapproval, unless\n the application constitutes an eligible facilities request as defined in 47\n U.S.C. § 1455(a).\n\n 3. Any period specified in subdivision 2 for a locality to approve or\n disapprove an application may be extended by mutual agreement between the\n applicant and the locality.\n\nD. A complete application for a project shall be deemed approved if the locality\nfails to approve or disapprove the application within the applicable period\nspecified in subdivision C 2 or any agreed extension thereof pursuant to\nsubdivision C 3.\n\nE. If a locality disapproves an application submitted under subsection A or for\nany zoning approval required for a standard process project:\n\n 1. The locality shall provide the applicant with a written statement of the\n reasons for such disapproval; and\n\n 2. If the locality is aware of any modifications to the project as described\n in the application that if made would permit the locality to approve the\n proposed project, the locality shall identify them in the written statement\n provided under subdivision 1. The locality’s subsequent disapproval of\n an application for a project that incorporates the modifications identified in\n such a statement may be used by the applicant as evidence that the\n locality’s subsequent disapproval was arbitrary or capricious in any\n appeal of the locality’s action.\n\nF. A locality’s action on disapproval of an application submitted under\nsubsection A or for any zoning approval required for a standard process project\nshall:\n\n 1. Not unreasonably discriminate between the applicant and other wireless\n services providers, wireless infrastructure providers, providers of\n telecommunications services, and other providers of functionally equivalent\n services; and\n\n 2. Be supported by substantial record evidence contained in a written record\n publicly released within 30 days following the disapproval.\n\nG. An applicant adversely affected by the disapproval of an application\nsubmitted under subsection A or for any zoning approval required for a standard\nprocess project may file an appeal pursuant to subsection F of § 15.2-2285,\nor to § 15.2-2314 if the requested zoning approval involves a variance,\nwithin 30 days following delivery to the applicant or notice to the applicant of\nthe record described in subdivision F 2.\n\nHISTORY: 2018, cc. 835, 844.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}