Nelson County officials outline 22-month plan to modernize zoning and subdivision ordinances

Consultants for Nelson County presented a plan on Aug. 28 to update the countys Zoning and Subdivision Ordinances, telling the Joint Planning Commission and Board of Supervisors the existing zoning ordinance is only about half in full compliance with the Code of Virginia and recommending a phased rewrite with public engagement.

Mr. Musso of the Berkley Group, who led the presentation, said the update would proceed in three phases — investigation, development and adoption — and would include a Crosswalk to compare draft language with the existing ordinances. "The key takeaway was that the ordinance was only 50% in full compliance with the Code of Virginia," he said, adding the project could conclude with adoption in winter 2025/2026 in a roughly 22-month timeline.

Why it matters: Nelson County officials said the Comprehensive Plan will guide the ordinance rewrite, and the update is intended to clarify uses, standardize regulations and improve readability for both administrators and the public. The consultants recommended merging zoning and subdivision regulations into a single, more navigable document and aligning ordinance language with 33 strategies from the countys Comprehensive Plan.

The consultants reported that of 132 zoning-related Code provisions reviewed, 110 apply to Nelson County and several optional or best-practice provisions were missing. They proposed specific changes including clearer use standards (so frequent special-use conditions could become by-right uses with standards), and recommended that the county ensure regulatory compliance as the top priority.

On subdivision rules, the consultants recommended that a preliminary plat requirement be limited to subdivisions of 50 lots or more, that final site plans be valid for at least five years in line with State Code guidance, and that the performance bond partial-release allowance be raised from 80% to 90%. Mr. Musso also described optional measures the county could adopt, such as requiring environmental assessments and remediation plans for certain development sites.

Board member Jesse Rutherford asked whether the county could mandate environmental reviews; Mr. Musso confirmed the county could write that authority into the ordinance and noted that the Virginia Department of Environmental Quality (DEQ) could also require reviews for larger projects.

Engagement and process: The Berkley Group proposed one public workshop and four stakeholder focus groups targeted to professionals who routinely use the ordinance (surveyors, developers, real estate agents). Commissioners pushed for broader outreach: Commissioner Jesse Rutherford suggested two open houses (one on each side of the county or near Route 151), and Commissioner Phil Proulx warned that closed focus groups could appear to favor special interests while staff and the consultant said results would be shared publicly.

Several commissioners raised technical questions. Chuck Amante and others praised the proposed tabular format for readability; discussion also touched on how "by-right" uses would be defined and whether new zoning categories could be created. Mr. Musso said new zone categories are possible but would still need to conform to Code of Virginia regulatory categories.

Next steps: The consultants said they would work with county staff to set dates for community engagement and aim to provide meeting materials about two weeks ahead of sessions. The Board asked staff to pursue a work-order amendment to add an additional public session (estimated at $3,400) and the countys planner/secretary agreed to request that amendment for the next Board meeting. No ordinance or code changes were voted on at this meeting.

The meeting adjourned at 5:10 p.m.