Court Blocks Arlington County Zoning Reform

Arlington County, Virginia will be barred from enacting its ‘missing middle’ zoning reform plan after a state trial court ruled against it. The plan would have allowed property owners to build up to six units on single-family zoned lots.

According to a Reason commentary by Ilya Somin, a land use scholar and Arlington County resident, “The new policy could do much to protect property rights, reduce housing costs, and make it possible for more people to move to Arlington and make use of the many job and education opportunities available in the area, thereby benefiting both themselves and the regional economy.”

However, as a summary of the ruling notes, “Judge David Schell ruled against the county on four counts this morning (Friday), finding that the county failed to adequately consider localized impacts, failed to follow proper procedure and violated state tree canopy requirements when adopting the amendments.” The county is prohibited from issuing any additional permits under the law.

For Somin, the ruling brings into focus the need for statewide zoning reform and stronger property rights protections that would prevent zoning reform from being blocked, such as in this case. “A statewide law could abrogate or at least limit the kinds of procedural hurdles relied on by the plaintiffs here. A state constitutional amendment would be even better.”