INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text 路 Page 4 of 5

Virginia Attorney General Opinion 25-013: historic demolition permits

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

Document page

Page options

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

Honorable Patrick A. Hope December 5, 2025 Page 4 provisions allowed by Subdivision 2. 19 Any proper party has a 30-day period after the governing body renders that decision to file an appeal with the circuit court. 20 Upon filing the appeal, a final decision approving the demolition application is stayed pending the outcome of the appeal. With respect to an owner's rights, the term "final decision" is clearly linked with a request to demolish a historic structure. In short, "final decision" as used in the statute prior to the 2024 Amendment referred to the final decision of a locality whether to approve an application to demolish a historic structure when such approval is required by the locality's historic preservation ordinance. Considering the context and meaning of "final decision" elsewhere in搂 15.2-2306, I conclude that the term "final decision" in the 2024 Amendment refers to the final decision of a governing body whether to approve an application to demolish a historic structure that is subject to the approval requirement in Subdivision 2. Significantly, in contrast to the construction and demolition approvals contemplated by Subdivisions 1 and 2, Code 搂 15.2-2306 is silent on what role, if any, a review board might play in the initial historic designation process; unlike the approval of a construction or demolition application, which can be made by the review board, the designation of a particular district or structure requires the local governing body to pass an ordinance to effect the designation. 21 The decision to adopt an ordinance is distinct from a decision to take any particular action pursuant to an ordinance, once adopted. Because Subdivision 3 affords eligible parties judicial review of the locality's "specific act under the [historic preservation] ordinance," not the ordinance provisions themselves, 22 the designation of a structure as historic via ordinance is not a "final decision" as used in Subdivision 3. In addition, requiring a delay between approval of the demolition application and the issuance of the demolition permit fits within the existing appeal procedures of Subdivision 3, which allow an appeal "from any final decision of the governing body pursuant to [S]ubdivisions 1 and 2" to be made "within 30 days after the final decision is rendered .... " 23 To safeguard the structure during that 30-day window, the 2024 Amendment provides a party seeking to appeal a demolition approval a concurrent 30-day stay period before the actual demolition permit is issued. 19 As noted above, Subdivision 3 also makes appealable those decisions that are made under ordinance provisions authorized under Subdivision 1 regarding applications to reconstruct, alter, or restore a building or structure within any designated historic district. See 搂 15.2-2306(A)(l) & (A)(3). 20 Section 15.2-2306(A)(3). 21 In other words, there is a distinction between how a locality "set[s] forth" a historic structure and how a locality considers an application to demolish a historic structure. In 搂 15.2-2306(A), the General Assembly empowered localities to "adopt an ordinance setting forth ... any ... structures within the locality having an important historic . . . interest[,]"搂 15.2-2306(A)(l) (emphasis added), but it separately permitted localities to prohibit, in such ordinance, certain construction activities in historic districts or the demolition of historic structures until applications to do so are" approved by the review board or, on appeal, by the governing body." Section 15 .2-2306(A)( 1) & (A)(2) (emphasis added). Although I offer no opinion on purely local procedure or practice, I note that, even if a locality accepts applications for the designation of historic structures or allows the review board to make recommendations, it is not the "approval" of an application that confers status as a historic district or structure under 搂 15.2-2306, but rather the local governing body's adoption of"an ordinance setting forth ... [the] structures ... having an important historic .. . interest." Section 15.2-2306(A)(l ). Cf 搂 l 5.2-2306(E) (defining "historic structure" as either "a structure designated as having an important historic, architectural, archaeological, or cultural interest or designated as a contributing structure by an ordinance passed pursuant to subsection (A)." 22 Norton v. City of Danville, 268 Va. 402,408 (2004). 23 Section l 5.2-2306(A)(3).
Jump to an indexed page (5 of 5)

Report a privacy or text-extraction issue through Contact & Corrections.