For more than 15 years, the timeframe for implementing certain local governmental approvals for residential and commercial development – including special exceptions, special use permits, conditional use permits, use permits, and Arlington 4.1 site plans – has been statutorily extended by the General Assembly.

Initially introduced in 2009 in response to the subprime mortgage housing crisis (under Va. Code Ann. § 15.2-2209.1) and adjusted in 2020 to address the COVID-19 pandemic (under Va. Code Ann. § 15.2-2209.1:1), the legislature’s semi-annual actions have effectively extended the period of validity for the above-listed local government approvals through July 1, 2025.

The legislature during this year’s General Assembly session did not, however, provide a further extension. This means that unless otherwise provided for by the locality, the period of validity for certain outstanding zoning approvals (meaning construction has not yet commenced or the use has not yet been lawfully established) may automatically terminate by operation of the law on July 1, 2025.

Of note, timeline extension requests for outstanding Fairfax County projects should be submitted to the Department of Planning and Development prior to June 30, 2025. Requests for outstanding projects in Arlington County will be heard by the County Board at the Board’s June 14, 2025 meeting.  Requests for the City of Alexandria may not be based upon the state code provisions.

Applicants/developers with outstanding projects are advised to contact one of our land use attorneys or planners to assist in understanding the status of your approval(s) and process for obtaining such an extension.