                                 CODE OF VIRGINIA

REGULATION OF MOUNTAIN RIDGE CONSTRUCTION (§ 15.2-2295.1)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Construction&#8221; means the building, alteration, repair, or
improvement of any building or structure.
			&#8220;Crest&#8221; means the uppermost line of a mountain or chain of
mountains from which the land falls away on at least two sides to a lower
elevation or elevations.
			&#8220;Protected mountain ridge&#8221; means a ridge with (i) an elevation of
2,000 feet or more and (ii) an elevation of 500 feet or more above the elevation
of an adjacent valley floor.
			&#8220;Ridge&#8221; means the elongated crest or series of crests at the apex
or uppermost point of intersection between two opposite slopes or sides of a
mountain and includes all land within 100 feet below the elevation of any
portion of such line or surface along the crest.
			&#8220;Tall buildings or structures&#8221; means any building, structure or
unit within a multi-unit building with a vertical height of more than 40 feet,
as determined by ordinance, measured from the top of the natural finished grade
of the crest or the natural finished grade of the high side of the slope of a
ridge to the uppermost point of the building, structure or unit. &#8220;Tall
buildings or structures&#8221; does not include (i) water, radio,
telecommunications or television towers or any equipment for the transmission of
electricity, telephone or cable television; (ii) structures of a relatively
slender nature and minor vertical projections of a parent building, including,
but not limited to, chimneys, flagpoles, flues, spires, steeples, belfries,
cupolas, antennas, poles, wires or windmills; or (iii) any building or structure
designated as a historic landmark, building or structure by the United States or
by the Board of Historic Resources.

B. Determinations by the governing body of heights and elevations under this
section shall be conclusive.

C. Any locality in which a protected mountain ridge is located may, by
ordinance, provide for the regulation of the height and location of tall
buildings or structures on protected mountain ridges. The ordinance may be
designed and adopted by the locality as an overlay zone superimposed on any
preexisting base zone.

D. An ordinance adopted under this section may include criteria for the granting
or denial of permits for the construction of tall buildings or structures on
protected mountain ridges. Any such ordinance shall provide that permit
applications shall be denied if a permit application fails to provide for (i)
adequate sewerage, water, and drainage facilities, including, but not limited
to, facilities for drinking water and the adequate supply of water for fire
protection and (ii) compliance with the Erosion and Sediment Control Law (&#xA7;
62.1-44.15:51 et seq.).

E. Any locality that adopts an ordinance providing for the regulation of the
height and location of tall buildings or structures on protected mountain ridges
shall send a copy of the ordinance to the Secretary of Natural and Historic
Resources.

F. Nothing in this section shall be construed to affect or impair a governing
body&#8217;s authority under this chapter to define and regulate uses in any
existing zoning district or to adopt overlay districts regulating uses on
mountainous areas as defined by the governing body.

HISTORY: 2000, c. 732; 2013, cc. 516, 756, 793; 2021, Sp. Sess. I, c. 401.