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Plan Commission backs text amendment to clarify enforcement authority and penalties in Section 10‑52
Summary
Commissioners recommended approval of a county‑initiated text amendment to Section 10‑52 of the Montgomery County zoning ordinance to expressly authorize zoning compliance officers and assistants to act on behalf of the zoning administrator and to update criminal and civil penalties in line with state code.
The Montgomery County Plan Commission on March 19 recommended approval of a county‑initiated text amendment to Section 10‑52 of the zoning ordinance that clarifies administrative authority and updates enforcement penalties.
Mister Cochran, presenting for staff, described the proposal as “housekeeping” to align the ordinance with changes in the Code of Virginia and recommendations from the county attorney. The amendment would explicitly authorize duly appointed zoning compliance officers and assistant zoning administrators to administer and enforce the county zoning ordinance on behalf of the zoning administrator. Cochran outlined duties for the newly created zoning compliance officer position — created as part of the county’s 2024 budget — including field inspections, issuing notices of violation, working with property owners on compliance, and, if necessary, representing Montgomery County in legal proceedings.
Cochran said new language, recommended by the county attorney, also added statutory allowances for requesting zoning inspection warrants to permit entry to a dwelling to investigate suspected zoning violations; the language requires a reasonable effort to obtain consent from owners or tenants before seeking a warrant. The amendment also updates criminal and civil fines to reflect state law.
During the public hearing, resident Brandon Carlton asked whether a “zoning warrant” would be signed by a judge. Laura K. Rogers, the county’s zoning compliance officer, said directly: “It is issued by a magistrate and or a judge per the code of Virginia.”
Commissioners voiced support for the administrative clarification and voted to recommend approval. Roll call: Mister Kroll — yes; Mister Miller — yes; Sharp Robinson — yes; Simpkins — yes; Secretary Lankes — yes; Vice Chair Foster — yes; Chair Rice — yes. Staff will carry the recommendation to the Board of Supervisors.
