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Fairfax County officials are pushing back against Virginia legislation that would allow multifamily and mixed-use housing on commercially zoned land without the public hearings and board approvals typically required for such projects.

HB 816, sponsored by Del. Dan Helmer (D-10), and SB 454, introduced by state Sen. Schuyler VanValkenburg (D-16), would require local zoning ordinances to permit qualifying residential developments through administrative approval. The measures would eliminate the need for special exceptions, special-use permits or conditional-use permits in eligible cases.

Areas considered underdeveloped and covered by at least 60% tree canopy would not be subject to the requirement.

Both bills have passed their original chambers, but lawmakers must resolve significant differences before sending a final measure to Gov. Abigail Spanberger.

The House Counties, Cities and Towns Committee narrowly recommended an amended SB 454 to the full House on Friday. The revised measure would require localities to open at least 50% of commercially zoned land to by-right development, down from the originally proposed 75%.

The Senate bill would cover cities and towns with populations of at least 20,000, as well as designated metropolitan areas such as Northern Virginia. It includes exemptions for sites near military installations, heavy industrial or manufacturing zones, and locations approved by voters for casinos. Historic district projects could remain subject to review boards.

Its proposed effective date is July 1, 2027, a year later than most legislation passed during the 2026 Virginia General Assembly session.

Helmer’s HB 816 remains closer to its original form and retains the 75% requirement. The Senate Local Government Committee is scheduled to consider it Monday, March 2, and could revise it to match the Senate proposal before deciding whether to send it to the full chamber.

Helmer, whose district includes part of Fairfax County, said the “Housing near Jobs” legislation is intended to address rapidly rising housing costs and place more homes near employment centers.

“That’s why we are taking aggressive action to ensure that working families can rent and own in the Commonwealth, by ensuring that every city and town in Virginia does its part to increase housing supply,” Helmer said. “This bill also ensures that we work alongside municipalities and counties to build housing where jobs actually are, and Virginians need it most.”

Andrew Clark of the Home Builders Association of Virginia, which helped develop the legislation, told the House committee that by-right approval would not give developers unrestricted freedom.

“It bypasses in many cases outdated zoning ordinances,” Clark said. “You still go through those very sometimes long site plan and subdivision plan review processes — so, your environmental protections, historic district preservations, connectivity, all those things that you want in your community.”

Fairfax County Board of Supervisors Chairman Jeff McKay said eliminating local discussion over development proposals is the wrong approach. He argued that communities should help ensure new housing is walkable, connected to transit and appropriate for surrounding neighborhoods.

“While adding housing in commercial areas can help meet demand, many of these sites lack essential amenities such as open space, transit access, and other public infrastructure that are critical for creating complete, livable communities,” McKay said. “Overriding local zoning authority risks disconnected, high-density developments without the public spaces, mixed-use design, or infrastructure needed for thriving neighborhoods.”

Representatives from Fairfax County and several other localities also testified against SB 454 before the House committee.

Jennifer Van Ee, Fairfax County’s legislative affairs director, warned that the county could lose proffers—legally binding developer commitments negotiated during local review to help pay for services and infrastructure.

“Proffer plans allow us to have traffic mitigation and actually saves developers some of that by being able to do the proffer plan,” Van Ee said. “That would all go away with this, and I think we all know traffic in Northern Virginia isn’t anyone’s favorite.”

Del. Briana Sewell (D-25) said local governments made a good-faith effort to work with state legislators before formally opposing the proposal.

“We have to be very conscious in our efforts but we also do need to credit those who have been willing to come to the table,” Sewell said.

Del. Scott Wyatt (R-60) said the legislation would fundamentally shift decisions about where housing belongs away from local boards and commissions. He pointed to opposition from Fairfax, Loudoun, Chesterfield and Prince William counties as a reason for lawmakers to slow down.

“We should take a pause and work with these folks to create more housing,” Wyatt said.