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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 3 Prior to the enactment of the 2024 Amendment, Subdivision 3 contained搂 15.2-2306's only use of the term "final decision." It requires a locality's historic preservation ordinance to include a right of appeal to the local circuit court and sets out a property owner's right to demolish his historic structure, if certain conditions are met. More specifically, the first paragraph of Subdivision 3 affords a right of appeal from any final decision of the governing body pursuant to [S]ubdivisions 1 and 2 . provided that the petition [for appeal] is filed within 30 days after the final decision is rendered by the governing body. The filing of the petition shall stay the decision of the governing body pending the outcome of the appeal to the court, except that the filing of the petition shall not stay the decision of the governing body if the decision denies the right to ... demolish a historic ... structureY 3l In empowering localities to adopt an ordinance designating historic districts and historic structures, Subdivision 1 also authorizes the establishment of "a review board to administer the ordinance." Subdivision 1 then allows the ordinance to include "a provision that no building or structure ... shall be erected, reconstructed, altered, or restored within any [historic] district unless approved by the review board or, on appeal, by the governing body .... " 14 Subdivision 2 similarly permits the ordinance to provide that "no historic ... structure within any district shall be ... demolished ... until the ... demolition ... thereof is approved by the review board or, on appeal, by the governing body after consultation with the review board. 15 Final decisions made pursuant to these approval provisions are subject to appeal as set out in Subdivision 3. For owners of historic structures subject to demolition approval under Subdivision 2, the second paragraph of Subdivision 3 provides that the owner "shall, as a matter of right, be entitled to raze or demolish such ... structure" upon meeting certain conditions. One condition is the making of an offer to sell the historic structure within "one year after a final decision by the governing body." 16 That is, if a property owner's application to demolish the structure is denied, the owner may comply with the provisions of Subdivision 3 and then "be entitled to ... demolish such ... structure." 17 Ifno sale is offered within "one year after a final decision by the governing body," then "the owner may renew his request ... to approve the ... demolition of the historic ... structure." 18 Accordingly, in the demolition context, the "final decision" subject to appeal under Subdivision 3 is the decision whether to approve the demolition of a historic structure under an ordinance containing the 13 Section 15.2-2306(A)(3) (emphasis added). The stay provided for under this paragraph does not preclude the demolition of the structure during the 30-day window granted for filing the appeal. The local governing body designates in the ordinance what parties may appeal the final decision. Section 15.2-2306(A)(3). 14 Id. Subdivision 1 also "allows a locality to require-as a condition of developing property in an area of known historical or architectural significance-documentation ... that the development will preserve or accommodate historical or archaeological resources." 2014 Op. Va. Att'y Gen. 181, 182. 15 Section 15.2-2306(A)(2). Subdivision 2 also addresses moving such historic structures. 16 Section 15.2-2306(A)(3) (emphasis added). 17 I offer no opinion on the impact, if any, on a property owner's right to demolish under Subdivision 3 ifthere is a pending appeal that seeks to prevent the demolition of a historic structure by overturning a final decision of the governing body that approved a demolition permit for such structure. 18 Section 15.2-2306(A)(3) (emphasis added).
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