{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-2101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-2101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-2101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-2101.html"}],"law_id":68756,"edition_id":1,"section_id":68756,"structure_id":14245,"section_number":"33.2-2101","catch_line":"Creation of district","history":"2001, c. 611, \u00a7 33.1-431; 2004, c. 792; 2014, c. 805; 2023, cc. 506, 507; 2024, cc. 225, 242.","full_text":"A\n\nA district may be created in a county by a resolution of the governing body. Any such resolution shall be considered only upon the petition, to the governing body, of the owners of at least 51 percent of either the land area or the assessed value of real property that (i) is within the boundaries of the proposed district, (ii) has been zoned for commercial or industrial use or is used for such purposes, and (iii) would be subject to the annual special improvement tax authorized by § 33.2-2105 if the proposed district is created. Any proposed district within a county may include any real property within a town or towns within the boundaries of such county.B\n\nThe petition to the governing body shall:1\n\nSet forth the name and describe the boundaries of the proposed district;2\n\nDescribe the transportation improvements proposed within the district;3\n\nPropose a plan for providing such transportation improvements within the district and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district;4\n\nDescribe the benefits that can be expected from the provision of such transportation improvements within the district; and5\n\nRequest the governing body to establish the proposed district for the purposes set forth in the petition.C\n\nUpon the filing of such a petition, the governing body shall fix a day for a hearing on the question of whether the proposed district shall be created. The hearing shall consider whether the residents and owners of real property within the proposed district would benefit from the establishment of the proposed district. All interested persons who either reside in or own taxable real property within the proposed district shall have the right to appear and show cause why any property or properties should not be included in the proposed district. If real property within a town is included in the proposed district, a copy of the petition and notice of the public hearing shall be delivered to the town council at least 30 days prior to the public hearing, and the town council may by resolution determine if the town council wishes any property located within the town to be included within the proposed district and any such resolution shall be delivered to the governing body prior to the public hearing required by this section. Such resolution shall be binding upon the governing body with respect to the inclusion or exclusion of such properties within the proposed district. If that resolution permits any commercial or industrial property located within a town to be included in the proposed district, then if requested to do so by the petition the town council of any town that has adopted a zoning ordinance also shall pass a resolution, to be effective upon creation of the proposed district, that is consistent with the requirements of subsection E with respect to commercial and industrial zoning classifications that shall be in force in that portion of the town included in the district. The petition shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing shall be given by publication three times in a newspaper of general circulation within the locality, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing. Such public hearing may be adjourned from time to time.D\n\nIf the governing body finds the creation of the proposed district would be in furtherance of the county’s comprehensive plan for the development of the area, in the best interests of the residents and owners of real property within the proposed district, and in furtherance of the public health, safety, and welfare, the governing body may pass a resolution that is reasonably consistent with the petition, that creates the district upon final adoption, and that provides for the appointment of an advisory board in accordance with this chapter upon final adoption. Any such resolution shall be conclusively presumed to be reasonably consistent with the petition if, following the public hearing, as provided in the following provisions of this section, the petition continues to comply with the provisions of this section with respect to the criteria relating to minimum acreage or assessed valuation.E\n\nThe resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that apply within the district, but not within any town within the district that has adopted a zoning ordinance, that shall be in force in the district upon its creation, together with any related criteria and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall remain in force within the district without elimination, reduction, or restriction, except (i) upon the written request or approval of the owner of any property affected by a change, (ii) as required to comply with the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or the regulations adopted pursuant thereto, (iii) as required to comply with the provisions of the federal Clean Water Act regarding municipal and industrial stormwater discharges (33 U.S.C. § 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency, or (iv) as specifically required to comply with any other state or federal law.F\n\nA resolution creating a district shall also provide (i) that the district shall expire 50 years from the date upon which the resolution is passed or (ii) that the district shall expire when the district is abolished in accordance with § 33.2-2115. After the public hearing, the governing body may adopt a proposed resolution creating the district. No later than two business days following the adoption of the proposed resolution, copies of the proposed resolution shall be available in the office of the clerk of the governing body for inspection and copying by the petitioning landowners and their representatives, by members of the public, and by representatives of the news media. No later than seven business days following the adoption of the proposed resolution, any petitioning landowner may notify the clerk of the governing body in writing that the petitioning landowner is withdrawing his signature from the petition. Within the same seven-day period, the owner of any property in the proposed district that will be subject to the annual special improvements tax authorized by § 33.2-2105, if the proposed district is created, or the attorney-in-fact of any such owner may notify the clerk of the governing body in writing that he is adding his signature to the petition. The governing body may then proceed to final adoption of the proposed resolution following that seven-day period. If any petitioner has withdrawn his signature from the petition during that seven-day period, then the governing body may readopt the proposed resolution only if the petition, including any landowners who have added their signatures after adoption of the proposed resolution, continues to meet the provisions of this section. After the governing body has readopted the resolution creating the district, the district shall be established and the name of the district shall be “The _____ _____ Transportation Improvement District.”","order_by":null,"text":{"0":{"id":248885,"text":"A district may be created in a county by a resolution of the governing body. Any such resolution shall be considered only upon the petition, to the governing body, of the owners of at least 51 percent of either the land area or the assessed value of real property that (i) is within the boundaries of the proposed district, (ii) has been zoned for commercial or industrial use or is used for such purposes, and (iii) would be subject to the annual special improvement tax authorized by § 33.2-2105 if the proposed district is created. Any proposed district within a county may include any real property within a town or towns within the boundaries of such county.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248886,"text":"The petition to the governing body shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":248887,"text":"Set forth the name and describe the boundaries of the proposed district;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":248888,"text":"Describe the transportation improvements proposed within the district;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":248889,"text":"Propose a plan for providing such transportation improvements within the district and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":248890,"text":"Describe the benefits that can be expected from the provision of such transportation improvements within the district; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":248891,"text":"Request the governing body to establish the proposed district for the purposes set forth in the petition.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":248892,"text":"Upon the filing of such a petition, the governing body shall fix a day for a hearing on the question of whether the proposed district shall be created. The hearing shall consider whether the residents and owners of real property within the proposed district would benefit from the establishment of the proposed district. All interested persons who either reside in or own taxable real property within the proposed district shall have the right to appear and show cause why any property or properties should not be included in the proposed district. If real property within a town is included in the proposed district, a copy of the petition and notice of the public hearing shall be delivered to the town council at least 30 days prior to the public hearing, and the town council may by resolution determine if the town council wishes any property located within the town to be included within the proposed district and any such resolution shall be delivered to the governing body prior to the public hearing required by this section. Such resolution shall be binding upon the governing body with respect to the inclusion or exclusion of such properties within the proposed district. If that resolution permits any commercial or industrial property located within a town to be included in the proposed district, then if requested to do so by the petition the town council of any town that has adopted a zoning ordinance also shall pass a resolution, to be effective upon creation of the proposed district, that is consistent with the requirements of subsection E with respect to commercial and industrial zoning classifications that shall be in force in that portion of the town included in the district. The petition shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing shall be given by publication three times in a newspaper of general circulation within the locality, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing. Such public hearing may be adjourned from time to time.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":248893,"text":"If the governing body finds the creation of the proposed district would be in furtherance of the county’s comprehensive plan for the development of the area, in the best interests of the residents and owners of real property within the proposed district, and in furtherance of the public health, safety, and welfare, the governing body may pass a resolution that is reasonably consistent with the petition, that creates the district upon final adoption, and that provides for the appointment of an advisory board in accordance with this chapter upon final adoption. Any such resolution shall be conclusively presumed to be reasonably consistent with the petition if, following the public hearing, as provided in the following provisions of this section, the petition continues to comply with the provisions of this section with respect to the criteria relating to minimum acreage or assessed valuation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":248894,"text":"The resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that apply within the district, but not within any town within the district that has adopted a zoning ordinance, that shall be in force in the district upon its creation, together with any related criteria and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall remain in force within the district without elimination, reduction, or restriction, except (i) upon the written request or approval of the owner of any property affected by a change, (ii) as required to comply with the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or the regulations adopted pursuant thereto, (iii) as required to comply with the provisions of the federal Clean Water Act regarding municipal and industrial stormwater discharges (33 U.S.C. § 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency, or (iv) as specifically required to comply with any other state or federal law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":248895,"text":"A resolution creating a district shall also provide (i) that the district shall expire 50 years from the date upon which the resolution is passed or (ii) that the district shall expire when the district is abolished in accordance with § 33.2-2115. After the public hearing, the governing body may adopt a proposed resolution creating the district. No later than two business days following the adoption of the proposed resolution, copies of the proposed resolution shall be available in the office of the clerk of the governing body for inspection and copying by the petitioning landowners and their representatives, by members of the public, and by representatives of the news media. No later than seven business days following the adoption of the proposed resolution, any petitioning landowner may notify the clerk of the governing body in writing that the petitioning landowner is withdrawing his signature from the petition. Within the same seven-day period, the owner of any property in the proposed district that will be subject to the annual special improvements tax authorized by § 33.2-2105, if the proposed district is created, or the attorney-in-fact of any such owner may notify the clerk of the governing body in writing that he is adding his signature to the petition. The governing body may then proceed to final adoption of the proposed resolution following that seven-day period. If any petitioner has withdrawn his signature from the petition during that seven-day period, then the governing body may readopt the proposed resolution only if the petition, including any landowners who have added their signatures after adoption of the proposed resolution, continues to meet the provisions of this section. After the governing body has readopted the resolution creating the district, the district shall be established and the name of the district shall be “The _____ _____ Transportation Improvement District.”","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14245,"edition_id":1,"name":"Transportation Districts Within Certain Counties","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12807,"metadata":{},"date_created":"2026-06-26 03:47:26","date_modified":"2026-06-26 03:47:26","permalink":{"id":207183,"object_type":"structure","relational_id":14245,"identifier":"21","token":"33.2\/IV\/21","url":"\/33.2\/IV\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12807,"edition_id":1,"name":"Local and Regional Transportation","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":206943,"object_type":"structure","relational_id":12807,"identifier":"IV","token":"33.2\/IV","url":"\/33.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84470,"structure_id":14245,"section_number":"33.2-2100","catch_line":"Definitions","url":"\/33.2-2100\/","token":"33.2\/IV\/21\/33.2-2100","metadata":false},{"id":68756,"structure_id":14245,"section_number":"33.2-2101","catch_line":"Creation of district","url":"\/33.2-2101\/","token":"33.2\/IV\/21\/33.2-2101","metadata":false},{"id":59232,"structure_id":14245,"section_number":"33.2-2102","catch_line":"Commission to exercise powers of the district","url":"\/33.2-2102\/","token":"33.2\/IV\/21\/33.2-2102","metadata":false},{"id":59765,"structure_id":14245,"section_number":"33.2-2103","catch_line":"Powers and duties of commission","url":"\/33.2-2103\/","token":"33.2\/IV\/21\/33.2-2103","metadata":false},{"id":60033,"structure_id":14245,"section_number":"33.2-2104","catch_line":"District advisory boards","url":"\/33.2-2104\/","token":"33.2\/IV\/21\/33.2-2104","metadata":false},{"id":64278,"structure_id":14245,"section_number":"33.2-2105","catch_line":"Annual special improvements tax; use of revenues","url":"\/33.2-2105\/","token":"33.2\/IV\/21\/33.2-2105","metadata":false},{"id":62039,"structure_id":14245,"section_number":"33.2-2106","catch_line":"Agreements with the Commonwealth Transportation Board; payment of special improvements tax to Transportation Trust Fund","url":"\/33.2-2106\/","token":"33.2\/IV\/21\/33.2-2106","metadata":false},{"id":59698,"structure_id":14245,"section_number":"33.2-2107","catch_line":"Payments for certain changes in zoning classifications or use","url":"\/33.2-2107\/","token":"33.2\/IV\/21\/33.2-2107","metadata":false},{"id":60190,"structure_id":14245,"section_number":"33.2-2108","catch_line":"Jurisdiction of localities and officers, etc., not affected","url":"\/33.2-2108\/","token":"33.2\/IV\/21\/33.2-2108","metadata":false},{"id":55477,"structure_id":14245,"section_number":"33.2-2109","catch_line":"Allocation of funds to districts","url":"\/33.2-2109\/","token":"33.2\/IV\/21\/33.2-2109","metadata":false},{"id":87373,"structure_id":14245,"section_number":"33.2-2110","catch_line":"Reimbursement for advances to district","url":"\/33.2-2110\/","token":"33.2\/IV\/21\/33.2-2110","metadata":false},{"id":71664,"structure_id":14245,"section_number":"33.2-2111","catch_line":"Cooperation between districts and other political subdivisions","url":"\/33.2-2111\/","token":"33.2\/IV\/21\/33.2-2111","metadata":false},{"id":75290,"structure_id":14245,"section_number":"33.2-2112","catch_line":"Tort liability","url":"\/33.2-2112\/","token":"33.2\/IV\/21\/33.2-2112","metadata":false},{"id":69643,"structure_id":14245,"section_number":"33.2-2113","catch_line":"Approval by Commonwealth Transportation Board","url":"\/33.2-2113\/","token":"33.2\/IV\/21\/33.2-2113","metadata":false},{"id":64396,"structure_id":14245,"section_number":"33.2-2114","catch_line":"Enlargement of local districts","url":"\/33.2-2114\/","token":"33.2\/IV\/21\/33.2-2114","metadata":false},{"id":74089,"structure_id":14245,"section_number":"33.2-2115","catch_line":"Abolition of local transportation districts","url":"\/33.2-2115\/","token":"33.2\/IV\/21\/33.2-2115","metadata":false},{"id":81775,"structure_id":14245,"section_number":"33.2-2116","catch_line":"Chapter to constitute complete authority for acts authorized; liberal construction","url":"\/33.2-2116\/","token":"33.2\/IV\/21\/33.2-2116","metadata":false}],"previous_section":{"id":84470,"structure_id":14245,"section_number":"33.2-2100","catch_line":"Definitions","url":"\/33.2-2100\/","token":"33.2\/IV\/21\/33.2-2100","metadata":false},"next_section":{"id":59232,"structure_id":14245,"section_number":"33.2-2102","catch_line":"Commission to exercise powers of the district","url":"\/33.2-2102\/","token":"33.2\/IV\/21\/33.2-2102","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-2101\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 611<\/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. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapter 792<\/a>; in 2014, chapter 805<\/a>; in 2023, chapters 506<\/a> and 507<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":64396,"section_number":"33.2-2114","catch_line":"Enlargement of local districts","order_by":null,"url":"\/33.2-2114\/"},{"id":74089,"section_number":"33.2-2115","catch_line":"Abolition of local transportation districts","order_by":null,"url":"\/33.2-2115\/"}],"refers_to":[{"id":64278,"section_number":"33.2-2105","catch_line":"Annual special improvements tax; use of revenues","order_by":null,"url":"\/33.2-2105\/"},{"id":74089,"section_number":"33.2-2115","catch_line":"Abolition of local transportation districts","order_by":null,"url":"\/33.2-2115\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"}],"permalink":{"id":207189,"object_type":"law","relational_id":68756,"identifier":"33.2-2101","token":"33.2\/IV\/21\/33.2-2101","url":"\/33.2-2101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-2101\/","token":"33.2\/IV\/21\/33.2-2101","dublin_core":{"Title":"Creation of district","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-2101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A district<\/span> may be created in a county<\/span> by a resolution of the governing body<\/span>. Any such resolution shall be considered only upon the petition<\/span>, to the governing body<\/span>, of the owners<\/span> of at least 51 percent of either the land area or the assessed value of real property that (i) is within the boundaries of the proposed district<\/span>, (ii) has been zoned for commercial or industrial use or is used for such purposes, and (iii) would be subject to the annual special improvement tax authorized by § 33.2-2105<\/a> if the proposed district<\/span> is created. Any proposed district<\/span> within a county<\/span> may include any real property within a town or towns within the boundaries of such county<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> to the governing body<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Set forth the name and describe the boundaries of the proposed district<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Describe the transportation improvements<\/span> proposed within the district<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Propose a plan for providing such transportation improvements<\/span> within the district<\/span> and describe specific terms and conditions with respect to all commercial and industrial zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Describe the benefits that can be expected from the provision of such transportation improvements<\/span> within the district<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Request the governing body<\/span> to establish the proposed district<\/span> for the purposes set forth in the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the filing of such a petition<\/span>, the governing body<\/span> shall fix a day for a hearing<\/span> on the question of whether the proposed district<\/span> shall be created. The hearing<\/span> shall consider whether the residents and owners<\/span> of real property within the proposed district<\/span> would benefit from the establishment of the proposed district<\/span>. All interested persons who either reside in or own taxable real property within the proposed district<\/span> shall have the right to appear and show cause why any property or properties should not be included in the proposed district<\/span>. If real property within a town is included in the proposed district<\/span>, a copy of the petition<\/span> and notice of the public hearing<\/span> shall be delivered to the town council at least 30 days prior to the public hearing<\/span>, and the town council may by resolution determine if the town council wishes any property located within the town to be included within the proposed district<\/span> and any such resolution shall be delivered to the governing body<\/span> prior to the public hearing<\/span> required by this section. Such resolution shall be binding upon the governing body<\/span> with respect to the inclusion or exclusion of such properties within the proposed district<\/span>. If that resolution permits any commercial or industrial property located within a town to be included in the proposed district<\/span>, then if requested to do so by the petition<\/span> the town council of any town that has adopted a zoning ordinance<\/span> also shall pass a resolution, to be effective upon creation of the proposed district<\/span>, that is consistent with the requirements of subsection E with respect to commercial and industrial zoning classifications that shall be in force in that portion of the town included in the district<\/span>. The petition<\/span> shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing<\/span> shall be given by publication three times in a newspaper of general circulation within the locality, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing<\/span>. Such public hearing<\/span> may be adjourned from time to time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the governing body<\/span> finds the creation of the proposed district<\/span> would be in furtherance of the county<\/span>’s comprehensive plan for the development of the area, in the best interests of the residents and owners<\/span> of real property within the proposed district<\/span>, and in furtherance of the public health, safety, and welfare, the governing body<\/span> may pass a resolution that is reasonably consistent with the petition<\/span>, that creates the district<\/span> upon final adoption, and that provides for the appointment of an advisory board<\/span> in accordance with this chapter upon final adoption. Any such resolution shall be conclusively presumed to be reasonably consistent with the petition<\/span> if, following the public hearing<\/span>, as provided in the following provisions of this section, the petition<\/span> continues to comply with the provisions of this section with respect to the criteria relating to minimum acreage or assessed valuation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The resolution shall provide a description with specific terms and conditions of all commercial and industrial zoning classifications that apply within the district<\/span>, but not within any town within the district<\/span> that has adopted a zoning ordinance<\/span>, that shall be in force in the district<\/span> upon its creation, together with any related criteria and a term of years, not to exceed 20 years, as to which each such zoning classification and each related criterion set forth therein shall remain in force within the district<\/span> without elimination, reduction, or restriction, except (i) upon the written request or approval of the owner<\/span> of any property affected by a change, (ii) as required to comply with the provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67<\/a> et seq.) or the regulations adopted pursuant thereto, (iii) as required to comply with the provisions of the federal Clean Water Act regarding municipal and industrial stormwater discharges (33 U.S.C. § 1342(p)) and regulations promulgated thereunder by the federal Environmental Protection Agency, or (iv) as specifically required to comply with any other state or federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A resolution creating a district<\/span> shall also provide (i) that the district<\/span> shall expire 50 years from the date upon which the resolution is passed or (ii) that the district<\/span> shall expire when the district<\/span> is abolished in accordance with § 33.2-2115<\/a>. After the public hearing<\/span>, the governing body<\/span> may adopt a proposed resolution creating the district<\/span>. No later than two business days following the adoption of the proposed resolution, copies of the proposed resolution shall be available in the office of the clerk of the governing body<\/span> for inspection and copying by the petitioning landowners<\/span> and their representatives, by members of the public, and by representatives of the news media. No later than seven business days following the adoption of the proposed resolution, any petitioning landowner<\/span> may notify the clerk of the governing body<\/span> in writing that the petitioning landowner<\/span> is withdrawing his signature from the petition<\/span>. Within the same seven-day period, the owner<\/span> of any property in the proposed district<\/span> that will be subject to the annual special improvements tax authorized by § 33.2-2105<\/a>, if the proposed district<\/span> is created, or the attorney-in-fact<\/span><\/span> of any such owner<\/span> may notify the clerk of the governing body<\/span> in writing that he is adding his signature to the petition<\/span>. The governing body<\/span> may then proceed to final adoption of the proposed resolution following that seven-day period. If any petitioner has withdrawn his signature from the petition<\/span> during that seven-day period, then the governing body<\/span> may readopt the proposed resolution only if the petition<\/span>, including any landowners<\/span> who have added their signatures after adoption of the proposed resolution, continues to meet the provisions of this section. After the governing body<\/span> has readopted the resolution creating the district<\/span>, the district<\/span> shall be established and the name of the district<\/span> shall be “The _____ _____ Transportation Improvement District<\/span>.” <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREATION OF DISTRICT (\u00a7 33.2-2101)\n\nA. A district may be created in a county by a resolution of the governing body.\nAny such resolution shall be considered only upon the petition, to the governing\nbody, of the owners of at least 51 percent of either the land area or the\nassessed value of real property that (i) is within the boundaries of the\nproposed district, (ii) has been zoned for commercial or industrial use or is\nused for such purposes, and (iii) would be subject to the annual special\nimprovement tax authorized by § 33.2-2105 if the proposed district is\ncreated. Any proposed district within a county may include any real property\nwithin a town or towns within the boundaries of such county.\n\nB. The petition to the governing body shall:\n\n 1. Set forth the name and describe the boundaries of the proposed district;\n\n 2. Describe the transportation improvements proposed within the district;\n\n 3. Propose a plan for providing such transportation improvements within the\n district and describe specific terms and conditions with respect to all\n commercial and industrial zoning classifications and uses, densities, and\n criteria related thereto that the petitioners request for the proposed\n district;\n\n 4. Describe the benefits that can be expected from the provision of such\n transportation improvements within the district; and\n\n 5. Request the governing body to establish the proposed district for the\n purposes set forth in the petition.\n\nC. Upon the filing of such a petition, the governing body shall fix a day for a\nhearing on the question of whether the proposed district shall be created. The\nhearing shall consider whether the residents and owners of real property within\nthe proposed district would benefit from the establishment of the proposed\ndistrict. All interested persons who either reside in or own taxable real\nproperty within the proposed district shall have the right to appear and show\ncause why any property or properties should not be included in the proposed\ndistrict. If real property within a town is included in the proposed district, a\ncopy of the petition and notice of the public hearing shall be delivered to the\ntown council at least 30 days prior to the public hearing, and the town council\nmay by resolution determine if the town council wishes any property located\nwithin the town to be included within the proposed district and any such\nresolution shall be delivered to the governing body prior to the public hearing\nrequired by this section. Such resolution shall be binding upon the governing\nbody with respect to the inclusion or exclusion of such properties within the\nproposed district. If that resolution permits any commercial or industrial\nproperty located within a town to be included in the proposed district, then if\nrequested to do so by the petition the town council of any town that has adopted\na zoning ordinance also shall pass a resolution, to be effective upon creation\nof the proposed district, that is consistent with the requirements of subsection\nE with respect to commercial and industrial zoning classifications that shall be\nin force in that portion of the town included in the district. The petition\nshall comply with the provisions of this section with respect to minimum acreage\nor assessed valuation. Notice of the hearing shall be given by publication three\ntimes in a newspaper of general circulation within the locality, with the first\npublication appearing no more than 35 days before and the third publication\nappearing no less than seven days before the hearing. Such public hearing may be\nadjourned from time to time.\n\nD. If the governing body finds the creation of the proposed district would be in\nfurtherance of the county’s comprehensive plan for the development of the\narea, in the best interests of the residents and owners of real property within\nthe proposed district, and in furtherance of the public health, safety, and\nwelfare, the governing body may pass a resolution that is reasonably consistent\nwith the petition, that creates the district upon final adoption, and that\nprovides for the appointment of an advisory board in accordance with this\nchapter upon final adoption. Any such resolution shall be conclusively presumed\nto be reasonably consistent with the petition if, following the public hearing,\nas provided in the following provisions of this section, the petition continues\nto comply with the provisions of this section with respect to the criteria\nrelating to minimum acreage or assessed valuation.\n\nE. The resolution shall provide a description with specific terms and conditions\nof all commercial and industrial zoning classifications that apply within the\ndistrict, but not within any town within the district that has adopted a zoning\nordinance, that shall be in force in the district upon its creation, together\nwith any related criteria and a term of years, not to exceed 20 years, as to\nwhich each such zoning classification and each related criterion set forth\ntherein shall remain in force within the district without elimination,\nreduction, or restriction, except (i) upon the written request or approval of\nthe owner of any property affected by a change, (ii) as required to comply with\nthe provisions of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et\nseq.) or the regulations adopted pursuant thereto, (iii) as required to comply\nwith the provisions of the federal Clean Water Act regarding municipal and\nindustrial stormwater discharges (33 U.S.C. § 1342(p)) and regulations\npromulgated thereunder by the federal Environmental Protection Agency, or (iv)\nas specifically required to comply with any other state or federal law.\n\nF. A resolution creating a district shall also provide (i) that the district\nshall expire 50 years from the date upon which the resolution is passed or (ii)\nthat the district shall expire when the district is abolished in accordance with\n§ 33.2-2115. After the public hearing, the governing body may adopt a\nproposed resolution creating the district. No later than two business days\nfollowing the adoption of the proposed resolution, copies of the proposed\nresolution shall be available in the office of the clerk of the governing body\nfor inspection and copying by the petitioning landowners and their\nrepresentatives, by members of the public, and by representatives of the news\nmedia. No later than seven business days following the adoption of the proposed\nresolution, any petitioning landowner may notify the clerk of the governing body\nin writing that the petitioning landowner is withdrawing his signature from the\npetition. Within the same seven-day period, the owner of any property in the\nproposed district that will be subject to the annual special improvements tax\nauthorized by § 33.2-2105, if the proposed district is created, or the\nattorney-in-fact of any such owner may notify the clerk of the governing body in\nwriting that he is adding his signature to the petition. The governing body may\nthen proceed to final adoption of the proposed resolution following that\nseven-day period. If any petitioner has withdrawn his signature from the\npetition during that seven-day period, then the governing body may readopt the\nproposed resolution only if the petition, including any landowners who have\nadded their signatures after adoption of the proposed resolution, continues to\nmeet the provisions of this section. After the governing body has readopted the\nresolution creating the district, the district shall be established and the name\nof the district shall be “The _____ _____ Transportation Improvement\nDistrict.”\n\nHISTORY: 2001, c. 611, \u00a7 33.1-431; 2004, c. 792; 2014, c. 805; 2023, cc. 506,\n507; 2024, cc. 225, 242.","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}}