Court Blocks Arlington County Zoning Reform

The county’s zoning reform plan would have promoted ‘missing middle housing’ types of up to six units on lots previously zoned for single-family housing.

1 minute read

October 1, 2024, 6:00 AM PDT

By Diana Ionescu @aworkoffiction


Aerial view of Arlington County, Virginia from an airplane.

raksyBH / Adobe Stock

Arlington County, Virginia will be barred from enacting its ‘missing middlezoning 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.”

Friday, September 27, 2024 in Reason

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Close-up of man in manually operated wheelchair waiting at urban crosswalk.

Making Mobility More Inclusive

A new study highlights the challenges people with disabilities continue to face in navigating urban spaces.

30 minutes ago - Greater Good Magazine

US and Texas flags flying in front of Texas state capitol dome in Austin, Texas.

Texas Bills Could Push More People Into Homelessness

A proposal to speed up the eviction process and a bill that would accelerate enforcement of an existing camping ban could make the state’s homelessness crisis worse, advocates say.

1 hour ago - The Texas Tribune

Person in yellow safety suit and white helmet kneels to examine water samples outdoors on a lake shore.

USGS Water Science Centers Targeted for Closure

If their work is suspended, states could lose a valuable resource for monitoring, understanding, and managing water resources.

2 hours ago - Inside Climate News