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Virginia Attorney General Opinion 25-013: historic demolition permits

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Honorable Patrick A. Hope December 5, 2025 Page 2 provides the framework by which any locality is empowered to first "set[] forth" and then restrict the alteration or demolition of historic structures by the adoption of an ordinance. 4 Subsection (A) of搂 15.2-2306, in three subdivisions, sets out various provisions that such an ordinance either may or must contain. In general, but among other things, Subdivision 1 authorizes localities, by ordinance, to designate historic structures and districts and to condition development related thereto; Subdivision 2 addresses the demolition ofa historic structure; and Subdivision 3 establishes judicial review procedures and owners' demolition rights. The 2024 Amendment inserted the following sentence into Subdivision 1: "The filing of the building permit or demolition application shall stay the locality from issuing any permit to ... demolish the historic ... structure until 30 days after the rendering of the final decision of the governing body of the locality."5 You ask whether this amendment prohibits a locality from issuing a demolition permit if the permit is for a structure that is under consideration for historic designation by the locality. Your inquiry involves the meaning of the term "final decision," as used in the 2024 Amendment. The "primary objective" in interpreting a statute is "'to ascertain and give effect to legislative intent,' as expressed by the language used in the statute." 6 "[A] statute should be read and considered as a whole, and the language ofa statute should be examined in its entirety to determine the intent of the General Assembly from the words contained in the statute." 7 In interpreting a statute, words cannot be read in isolation. 8 Rather, terms are to be read in the context of the statute as a whole. 9 Moreover, courts seek "to adopt that sense of the words which harmonizes best with the context, and promotes in the fullest manner the apparent policy and objects of the legislature." 10 Accordingly, the 2024 Amendment must be read "not in a vacuum, but with reference to the statutory context, 'structure, history, and purpose. "' 11 Because the meaning of the term "final decision" in the 2024 Amendment is informed by the structure of搂 15.2-2306 and the use of the term "final decision" elsewhere in 搂 15.2-2306, 12 a closer examination of Subsection (A) of搂 15.2-2306 is warranted. 4 VA. CODE ANN.搂 15.2-2306 (Supp. 2025). Section 15.2-2306 alternatively uses the terminology "setting forth" and "designated" to refer to structures that a locality identifies in an ordinance as "having an important historic ... interest." Compare搂 15.2-2306(A)(l) ("Any locality may adopt an ordinance setting forth ... structures ... having an important historic ... interest.") with 搂 15 .2-2306(E) ('" [H]istoric structure' means a structure designated as having an important historic ... interest or designated as a contributing structure by an ordinance passed pursuant to subsection A."). Thus, for purposes of搂 15.2-2306, a structure that is "set[] forth" in an ordinance as a historic structure is synonymous with a structure that is "designated" as such. See MERRIAM WEBSTER'S COLLEGIATE DICTIONARY p. 313 (10th ed. 1997) (defining "designate" as "to indicate and set apart for a specific purpose, office, or duty"). 5 2024 Va. Acts ch. 752. 6 Berry v. Bd. of Supervisors, 302 Va. 114, 127 (2023) (quoting Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420,425 (2012)). 7 Dep't of Med. Assistance Servs. v. Beverly Healthcare of Fredericksburg, 268 Va. 278, 285 (2004). 8 Young v. Commonwealth, 273 Va. 528, 533 (2007). 9 Id. 10 Thornton v. Commonwealth, 78 Va. App. 321,330 (2023) (internal quotation marks omitted) (quoting Colbert v. Commonwealth, 47 Va. App. 390, 394 (2006)). 11 Abramski v. United States, 573 U.S. 169, 179 (2014) (quoting Maracich v. Spears, 570 U.S. 48, 76 (2013)). 12 Va. Electric & Power Co. v. Bd. Of Cnty. Supvrs., 226 Va. 382, 388 (1983) ("[I]t is our duty to interpret the several parts of a statute as a consistent and harmonious whole so as to effectuate the legislative goal.").
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