The Great Falls Citizens Association opposes HB 1459. Citizens must retain the right to challenge decisions regarding land use made by local governments. This bill would make it harder for constituents to hold local governments accountable when decisions are made without properly following the law. Its broad language deems that any local land use decision made in violation of existing statutory requirements cannot be made void or legally challenged after 30 days have passed. We urge committee members to oppose this bill.

HB 1459 would let decisions made by local governments without properly following the law stand – both those made in the past as well as those made in the future. The bill language in particular deems that any local land use decision made in violation of existing statutory requirements cannot be made void or legally challenged after 30 days have passed. This would include decisions on rezonings, special permits and similar land use proposals, and the adoption of guiding documents like comprehensive plans or zoning ordinances. I urge you to oppose HB 1459. Thank you in advance.

I support this proposed legislation as I would like to limit the ways that special interests can use procedure to thwart action on ordinance revisions that benefit the larger community. I appreciate that this bill gives clear procedure for local bodies to enact zoning ordinances.

Our organization is opposed to HB1459 which would limit or prevent lawsuits against local government agencies violating statutes. This bill does not serve the public interest and would encourage decision makers to ignore legal requirements for actions they take as public officials. Please oppose HB1459!

Please vote “no” to HB1459 in its entirety. The proposed Bill would unnecessarily deny citizens and other stakeholders the ability to intervene or appeal any zoning ordinance or amendment to any zoning ordinance after 30 days. The legislative intent of the Bill is opaque, and without further explanation, it is impossible to imagine under what circumstances such restrictions would benefit the public interest. Having been involved with County Ordinances in Fairfax and Fauquier Counties for 30 years, it is not uncommon for problems with zoning ordinances to become apparent only after they have been tested during their application. Numerous incidents have occurred where improper publication of hearing information, incomplete disclosure of motivating factors for ordinance changes, and inadequate clarity in the legislative intent of the ordinance have impacted affected parties and damaged the public good. Creating new legislation that would preclude void ab initio claims for any reason would immeasurably erode local government accountability for lawful vetting of zoning ordinances in the future. Compelling potentially impacted parties to file expensive legal motions in Circuit Court within 30 days of a zoning change would be a direct insult to the due process citizens of the commonwealth have enjoyed until now and has no merit. Moreover, applying this restriction retroactively could undo numerous instances where zoning ordinances have been overturned for good reasons. It will also impact active litigation in Warrenton, where the Town failed to follow its procedures on a controversial zoning text amendment. Vote “no” to HB1459.