HB509 • 2026

Zoning; agricultural operations, rental of accessory dwellings.

<p class=ldtitle>A BILL to amend and reenact § 15.2-2288.6 of the Code of Virginia, relating to agricultural operations; rental of accessory dwellings.</p>

Agriculture Housing Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: McAuliff
Last action: 2026-01-23
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information on the regulation of sound from accessory dwelling rentals.

Zoning Changes for Agricultural Operations and Accessory Dwellings

This bill changes zoning rules so that localities cannot prohibit the rental of existing accessory residential dwellings on agricultural land for at least 30 days, except in towns.

What This Bill Does

Changes zoning laws to allow existing accessory residential buildings on farmland to be rented out for at least 30 days.

Who It Names or Affects

Farmers and landowners with accessory residential buildings on their properties.
Local governments setting zoning rules for agricultural areas.

Terms To Know

Accessory dwelling: A smaller, secondary living space located on the same property as a main house or other primary structure.
Agricultural operation: Land used for farming and related activities.

Limits and Unknowns

The bill does not apply to areas within towns.
It only affects existing accessory dwellings, not new constructions.

Bill History

2026-01-23 Counties, Cities and Towns
Continued to 2027 in Counties, Cities and Towns (Voice Vote)
2026-01-22 Subcommittee #2
Subcommittee recommends continuing to 2027 (Voice Vote)
2026-01-20 Subcommittee #2
Assigned HCCT sub: Subcommittee #2
2026-01-12 House
Prefiled and ordered printed; Offered 01-14-2026 26103089D
2026-01-12 Counties, Cities and Towns
Referred to Committee on Counties, Cities and Towns

Official Summary Text

Zoning; agricultural operations; rental of accessory dwellings.
Provides that no locality shall prohibit the rental for 30 days or more of existing accessory residential dwellings located on property with an agricultural operation. The bill does not apply to areas within a town.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
15.2-2288.6
of the Code of Virginia, relating to agricultural operations; rental of accessory dwellings.

Be it enacted by the General Assembly of Virginia:

1. That §
15.2-2288.6
of the Code of Virginia is amended and reenacted as follows:

§
15.2-2288.6
. Agricultural operations; local regulation of certain activities.

A. No locality shall regulate the carrying out of any of the following activities at an agricultural operation, as defined in §
3.2-300
, unless there is a substantial impact on the health, safety, or general welfare of the public:

1. Agritourism activities as defined in §
3.2-6400
;

2. The sale of agricultural or silvicultural products, or the sale of agricultural-related or silvicultural-related items incidental to the agricultural operation;

3. The preparation, processing, or sale of food products in compliance with subdivisions C 3, 4, and 5 of §
3.2-5130
or related state laws and regulations; or

4. Other activities or events that are usual and customary at Virginia agricultural operations.

Any local restriction placed on an activity listed in this subsection shall be reasonable and shall take into account the economic impact of the restriction on the agricultural operation and the agricultural nature of the activity.

B. No locality shall require a special exception, administrative permit not required by state law, or special use permit for any activity listed in subsection A on property that is zoned as an agricultural district or classification unless there is a substantial impact on the health, safety, or general welfare of the public.

C. Except regarding the sound generated by outdoor amplified music, no local ordinance regulating the sound generated by any activity listed in subsection A shall be more restrictive than the general noise ordinance of the locality. In permitting outdoor amplified music at an agricultural operation, the locality shall consider the effect on adjoining property owners and nearby residents.

D. The provisions of this section shall not affect any entity licensed in accordance with Chapter 2 (§
4.1-200
et seq.) of Title 4.1. Nothing in this section shall be construed to affect the provisions of Chapter 3 (§
3.2-300
et seq.) of Title 3.2, to alter the provisions of §
15.2-2288.3
, or to restrict the authority of any locality under Title 58.1.

E. No locality shall prohibi
t
the

rental

for
30 days or more
of existing accessory
resident
ial
dwellings located on property with an agricultural operation
, as
tha
t term is
defined in §
3.2-300
. This subsection shall not apply to areas within
a town.