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COMMONWEALTH of VIRGINIA
Office of the Attorney General
Jason S. Miyares 202 North Ninth Street
Attorney General Richmond, Virginia 23219
December 5, 2025 804-786-2071
Fax 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1
The Honorable Patrick A. Hope
Member, Virginia House of Delegates
Post Office Box 3 148
Arlington, Virginia 22203
Dear Delegate Hope:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of
the Code of Virginia.
Issue Presented
You inquire regarding the application of Chapter 752 of the 2024 Acts of the Assembly, which
amended Code§ 15.2-2306 (the "2024 Amendment"). You specifically ask whether the 2024 Amendment
prohibits a locality from issuing a demolition permit for a structure that a locality is considering whether to
designate as a historic structure.
Response
It is my opinion that, while the 2024 Amendment does set a time constraint on the issuance of a
demolition permit, the 2024 Amendment does not otherwise prohibit a locality from issuing a permit to
demolish a structure that is under consideration for designation as a historic structure. 1
Applicable Law and Discussion
The General Assembly has long recognized that a locality may desire to preserve physical aspects
of its history. 2 Accordingly, the General Assembly has "provided for the protection, perpetuation, and
regulation of historical sites" by authorizing localities "to enact comprehensive ordinances regulating the
erection, construction, reconstruction, and demolition of buildings and structures .... " 3 Code § 15.2-2306
1
I offer no opinion on any other impediments to a locality issuing a demolition permit for a historic structure,
whether within§ 15.2-2306 or otherwise.
2
See 1966 Va. Acts ch. 480 (authorizing certain counties to designate historic landmarks) (subsequently codified
by reference in VA. CODE ANN.§ 15.1-503.1 (1979)). Section 15.1-503.1 was later re-enacted as§ 15.1-503.2, see
1972 Va. Acts ch. 270, the predecessor statute to current § 15.2-2306.
3
Madison v. Loudoun Cnty. Bd. of Supervisors, 69 Va. Cir. 469,471 (2006) (discussing the history of§ 15.2-2306
and its predecessor statutes).Jump to an indexed page (5 of 5)