Subcommittee backs reverting residential zoning appeals to pre-2020 route, citing housing delays

The Civil Law Subcommittee on Friday reported House Bill 197 by a 7-2 vote after adopting a substitute that would return residential zoning appeals to the pre-2020 appellate route for a five-year period.

Delegate Delia Thomas, the patron, framed the measure as a targeted fix to delays that add months to development timetables, driving up construction costs and ultimately raising prices for home buyers and renters. “There is a housing crisis in every jurisdiction here in the Commonwealth,” Thomas said, urging the panel to adopt the substitute.

Developers and trade groups told the panel that appellate delays commonly range from 15 to 28 months and materially increase carrying costs. Andrew Clark of the Home Builders Association of Virginia testified: “On average, the delay ... from getting a final order from the circuit court and then moving through the Court of Appeals process [is] about 15 to 28 months,” adding that long delays can add thousands of dollars per unit.

Supporters said a five-year sunset would allow the legislature to reassess whether the Court of Appeals backlog has eased and whether the policy should remain. Opponents, including the Piedmont Environmental Council, cautioned that narrowing the available appellate route for some challengers could remove an important remedy, particularly in large residential developments.

Members debated whether skipping the Court of Appeals narrows litigants’ rights: delegates noted that the Supreme Court remains a possible route, but the Court of Appeals is an appeal of right while Supreme Court review is discretionary. After discussion the subcommittee moved the substitute and reported the bill 7-2 to the full committee.

The bill is scheduled for full-committee consideration. Committee members signaled ongoing concern about balancing speedy project approvals with preserving litigants’ avenues for review.