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Supervisors adopt zoning text amendment to authorize zoning compliance officer and inspection warrants
Summary
Montgomery County supervisors approved amendments clarifying that the zoning compliance officer and designated agents may administer and enforce the zoning ordinance, and that a magistrate or judge may issue inspection warrants after reasonable attempts to gain entry, with updated penalty language aligning with state code.
The Montgomery County Board of Supervisors unanimously approved a text amendment to the county zoning ordinance on Thursday that formally authorizes the zoning compliance officer and other designated positions to administer and enforce the ordinance on behalf of the zoning administrator.
Bree Hopkins, director of planning, said the change reflects the county's recent creation of a zoning compliance officer position and clarifies that that officer and any future support positions may perform inspections, send notices of violation and represent the county in enforcement actions. Hopkins introduced Laura Rogers by name as the newly hired zoning compliance officer who conducts routine site inspections.
The amendment also added language, tied to recent changes in the Code of Virginia, allowing the zoning administrator or authorized agents to seek a zoning inspection warrant if reasonable efforts to gain entry have failed and there is a health, safety or welfare concern; Hopkins said such a warrant would require prior approval by a magistrate or judge. The text changes updated civil and criminal penalty language to match state code revisions.
The Planning Commission held a public hearing March 19 and recommended approval 7' to 0. No members of the public spoke at the board's hearing on this item. The board approved the amendment by unanimous roll call.
Hopkins said the county will use inspection warrants only as a last resort after reasonable attempts to gain voluntary access, and noted that enforcement work often requires sustained recordkeeping and staff time.
