State law removes planning commission's plat-approval authority; agent to decide Spratley Mills resubmission

The Surry County Planning Commission received a legal update on July 28 that a change in state law, effective July 1, 2025, transferred authority to review and decide subdivision plats from the planning commission to the locality's designated agent.

"The authority that existed giving the planning commission the power to review, approve, or deny subdivision plats has in fact been eliminated by the general assembly," the county attorney said, noting the new statute restricts the planning commission from serving as the designated agent except in jurisdictions of 5,000 population or fewer. He added the change contains "no grandfathering provision," so new submissions after July 1 fall under the new rule. The attorney also said preliminary or final plats do not require public hearings under the new process, though ordinance amendments would require public hearings before the commission and the board of supervisors.

The attorney identified the relevant citation in discussion as Virginia Code section 15.2-2286(A)(7). PC secretary Mister Wade told commissioners that, because of the change, the decision on the Spratley Mills preliminary subdivision plat would now be made by the designated agent (Mister Wade) when the application is resubmitted. Commissioners were directed to continue ordinance review and to work with staff and legal counsel on any adjustments necessary to comply with the new state law.

Next procedural steps are for staff to confirm process details for pending and resubmitted plats and for the subdivision subcommittee to continue drafting any ordinance updates that would require public hearings.