                                 CODE OF VIRGINIA

PROVISIONS FOR SUBDIVISION OF A LOT FOR CONVEYANCE TO A FAMILY MEMBER (§
15.2-2244)

A. In any county a subdivision ordinance shall provide for reasonable provisions
permitting a single division of a lot or parcel for the purpose of sale or gift
to a member of the immediate family of the property owner, including the family
member&#8217;s spouse, subject only to any express requirement contained in the
Code of Virginia and to any requirement imposed by the local governing body that
all lots of less than five acres have reasonable right-of-way of not less than
10 feet or more than 20 feet providing ingress and egress to a dedicated
recorded public street or thoroughfare. Only one such division shall be allowed
per family member, and shall not be for the purpose of circumventing this
section. For the purpose of this subsection, a member of the immediate family is
defined as any person who is a natural or legally defined offspring, stepchild,
spouse, sibling, grandchild, grandparent, or parent of the owner. In addition,
any such locality may include aunts, uncles, nieces and nephews in its
definition of immediate family.

B. Notwithstanding subsection A, in a county having the urban county executive
form of government, a subdivision ordinance shall provide for reasonable
provisions permitting a single division of a lot or parcel for the purpose of
sale or gift to a member of the immediate family of the property owner, subject
only to any express requirement contained in the Code of Virginia and to any
requirement imposed by the local governing body that all lots of less than five
acres have frontage of not less than 10 feet or more than 20 feet on a dedicated
recorded public street or thoroughfare. Only one such division shall be allowed
per family member, and the division shall not be for the purpose of
circumventing a local subdivision ordinance. For the purpose of this subsection,
a member of the immediate family is defined as any person who is a natural or
legally defined offspring or parent of the owner.

C. Notwithstanding subsections A and B, a subdivision ordinance may include
reasonable provisions permitting divisions of lots or parcels for the purpose of
sale or gift to a member of the immediate family of the property owner in (i)
any county or city which has had population growth of 10 percent or more from
the next-to-latest to latest decennial census year, based on population reported
by the United States Bureau of the Census; (ii) any city or county adjoining
such city or county; (iii) any towns located within such county; and (iv) any
county contiguous with at least three such counties, and any town located in
that county. Such divisions shall be subject to all requirements of the Code of
Virginia and to any requirements imposed by the local governing body.

HISTORY: Code 1950, §§ 15-781, 15-967.1; 1950, p. 183; 1962, c. 407, §
15.1-466; 1970, c. 436; 1973, cc. 169, 480; 1975, c. 641; 1976, c. 270; 1978,
cc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348;
1983, cc. 167, 609; 1984, c. 111; 1985, cc. 422, 455; 1986, c. 54; 1987, c. 717;
1988, cc. 279, 735; 1989, cc. 332, 393, 403, 495; 1990, cc. 170, 176, 287, 708,
973; 1991, cc. 30, 47, 288, 538; 1992, c. 380; 1993, cc. 836, 846, 864; 1994, c.
421; 1995, cc. 386, 388, 389, 452, 457, 474; 1996, cc. 77, 325, 452, 456; 1997,
cc. 587, 718; 1998, c. 457; 2008, cc. 340, 717; 2009, cc. 283, 465; 2010, c.
216.