Governor’s Executive Order No. 11 (2014) continuing The Virginia Commission on Military Installations and Defense Activities
On April 1, 2014, Governor Terry McAuliffe issued an executive order continuing the activities of the Virginia Commission on Military Installations and Defense activities. The Commission will continue to identify the appropriate strategies to retain the military and federal facilities located in the Commonwealth, to identify other operations and facilities that can be located within Virginia. In 2013, Governor McDonnell issued Executive Order No. 60 creating the Commission.
Office of Veterans Affairs and Homeland Security
1111 East Broad Street
Richmond VA 23219
Office (804)692 2595
Fax (804) 225 3882
Cell (804) 317 7392
Virginia H.B. 187 of 2014
Any county, city, or town can exempt any real or personal property held by any person, firm, or corporation, subject to the sole use or occupancy by a nonprofit entity exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code, provided the nonprofit entity (i) has not agreed to surrender its interest in the property and (ii) uses such property solely to (a) exhibit or display Warbirds to the general public or otherwise use Warbirds for educational purposes, including such flights as are necessary for testing, maintaining, or preparing such aircraft for safe operation, or (b) demonstrate the performance of Warbirds at airshows and flight demonstrations of Warbirds, including such flights as are necessary for testing, maintaining, or preparing such aircraft for safe operation.
Virginia S.B. 979 of 2011
Provides for a tax credit equal to 50% of the fair market value of land conveyed for the purpose of agricultural and forest use, open space, natural resource, and/or biodiversity conservation, or land, agricultural, watershed and/or historic preservation, as an unconditional donation by the landowner to a public or private conservation agency eligible to hold such land interests for conservation or preservation purposes.
Secretary of Veterans Affairs and Homeland Security
Virginia H.B. 1773 of 2011 establishes the Office of the Secretary of Veterans Affairs and Homeland Security with responsibility to the Governor for veterans services and homeland preparedness and security. The state entities reporting through the new Secretary's Office are the Department of Veterans Services, Secure Commonwealth Panel, Veterans Services Foundation, Virginia Military Advisory Council, and the Virginia War Memorial Foundation.
Transfer of Development Rights
Chapter 413 of 2009 (H.B. 2055) provides that development rights may be severed but not immediately affixed to a receiving property. Provides that a locality may provide in its ordinance for (i) the owner of such development rights to make application to the locality for a real estate tax abatement for a period up to 25 years, to compensate the owner of such development rights for the fair market value of all or part of the development rights, (ii) the owner of a property to request designation by the locality of the owner's property as a "sending property" or a "receiving property," and (iii) the receiving areas to include such urban development areas in the locality established. Any proposed severance or transfer of development rights shall only be initiated upon application by the property owners of the sending properties, development rights, or receiving properties and a locality may not require property owners to sever or transfer development rights as a condition of the development of any property.
Land Use Planning and Conservation Around Military Installations and the Notification of Military
Virginia Senate Bill 1029 (2013)
Requires local planning commissions to consider the effects of development on military installations. Requires a local planning commission to cooperate with the commander of any military installation that will be affected by development and permits a governing body to appoint an additional nonvoting member to its planning commission to represent a local installation.
Virginia Code §15.2-2223, §15.2-2283, and §15.2-2204 provide for land use planning and conservation around military installations and notification of the military. Specifically, these statutes:
• Allow a county or municipality’s comprehensive plan to include the location of military bases, military installations, and military airports and their adjacent safety areas.
• Require a county or municipality zoning ordinance to:
- Protect approach slopes and other safety areas of military air facilities; and
- Provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas.
• Require a county or municipality to notify, at least 10 days before a hearing, the commander of a military base, military installation, or military airport when considering a proposed change to the comprehensive plan or a zoning ordinance, if the change involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport. The notice shall advise the military commander of the opportunity to submit comments or recommendations.
Land Use and Eminent Domain Adjacent to Jet Bases
Chapters 266 and 328 of 2006 (H.B. 975 and S.B. 565 of 2006, H.B. 522 of 2008) provide that the governing body of any locality in which a United States Navy Master Jet Base or an auxiliary landing field used in connection with flight operations arising from such Master Jet Base is located are required to:
• “Adopt zoning ordinances that require the governing body to follow Navy Air Installation Compatible Use Zone (AICUZ) guidelines in deciding discretionary applications for property in noise levels 70 dB DNL or greater;
• Undertake an evaluation of undeveloped properties located in noise zones 70 dB DNL or greater to determine the suitability of such properties for rezoning classifications that would prohibit uses incompatible under AICUZ guidelines;
• Adopt such ordinances or take such other actions as may be recommended in any Joint Land Use Study (JLUS) that has been officially approved by the governing body of the locality; and
• Establish programs to purchase land or development rights in the corridor of land underneath the flight path between the Master Jet Base and the auxiliary landing field known as an inter-facility traffic area.”
Additionally, the legislation authorizes all localities in which a United States Navy Master Jet Base is located to exercise the limited right of eminent domain in acquisition of any lands, easements and privileges for the purpose of protecting public safety by providing unobstructed airspace for the landing and takeoff of aircraft utilizing such Master Jet Base and preventing incompatible development within Accident Potential Zone 1 and Clear Zone areas surrounding such Master Jet Base.
Virginia H.B. 522 of 2008 added to § 1 of Chapter 266 that the ordinances may include provisions for inter-facility traffic areas or any other area identified by the military as of special concern.
Oceana/Fentress Military Advisory Council
Virginia Code §2.2-2666.3 (H.B. 975 and S.B. 565 of 2006) provides for the Oceana/Fentress Military Advisory Council as a subunit of the Virginia Military Advisory Council. The Oceana/Fentress Military Advisory Council is tasked with identifying, studying and providing advice and comments to the Virginia Military Advisory Council on issues of mutual concern to the state and the Navy concerning Naval Air Station Oceana and Naval Auxiliary Landing Field.
Office of Farmland Preservation
Virginia Code § 3.2-200 et seq. establishes the Office of Farmland Preservation (continued from the Agricultural Vitality Program) and the Virginia Farm Link program.
The office is to develop "model policies and practices that may be used as a guide to establish local purchase of development rights programs" along with criteria and sources of funds in cooperation with:
• Department of Business Assistance
• Virginia Farm Bureau Federation
• American Farmland Trust
• Virginia Land Conservation Foundation
• Virginia Outdoors Foundation
• Virginia Association of Counties and the
• Virginia Cooperative Extension
Once a year, the Commissioner shall submit a report to the Legislature.
Andy Sorrell, Coordinator, OFP
Virginia Department of Agriculture and Consumer Services
102 Governor Street, Richmond, VA 23219
804.786.1906 • Fax: 804.371.
Virginia Military Advisory Council
The Virginia Military Advisory Council was re-established by Chapter 676 of 2002 (Virginia Code §2.2-2666.1 and §2.2-2666.2). The 25 member Council serves in an advisory role to the Governor, “on issues of mutual concern to the Commonwealth and the Armed Forces of the United States, including exclusive and concurrent jurisdiction over military installations, educational quality and the future of federal impact aid, preparedness, public safety and security concerns, transportation needs, alcoholic beverage law enforcement, substance abuse, social service needs, possible expansion and growth of military facilities in the Commonwealth and such other issues as the Governor or the Council may determine to be appropriate subjects of joint consideration.” The Council is required to submit an annual report to the Governor and the General Assembly.
Virginia Conservation Easement Act
Virginia Code Annotated §10.1-1009 et seq. provides for the Virginia Conservation Easement Act, which authorizes the creation of permanent easements on real property for conservation and historic preservation purposes.
Virginia Land Conservation Incentives Act of 1999
Under the Virginia Land Conservation Act of 1999 (Virginia Code Annotated §58.1-510 et seq.), every landowner who donates land or an easement for conservation is entitled to a credit against state income tax. The credit is worth 50% of the land’s fair market value, up to $100,000 per year. The tax credit is available to tax-payers who donated a conservation easement after January 1, 2000, and is applicable for any person, corporation, partnership, organization, trust or estate subject to state or local taxation. If the easement was donated after 2001, the credit may be sold or transferred to other state taxpayers. Individuals and corporations in Virginia may buy or sell conservation tax credits, as long as a notification of the transfer of the credit is sent to the tax commissioner. For such conveyances made on or after January 1, 2007, the tax credit is worth 40% of the land’s fair market value.
Virginia H.B. 141 of 2010 added provisions requiring that only those nonprofit organizations that hold a conservation easement acquired pursuant to the Virginia Conservation Easement Act are ineligible to receive land preservation tax credits for donations of qualifying real property. Virginia H.B. 233 of 2010 reduced from $100,000 to $50,000 the amount of the land preservation tax credit that may be claimed for taxable year 2011. The Act also provides that any taxpayer affected by the credit reduction would be allowed an additional taxable year in which to claim the land preservation tax credit.
Virginia H.B. 1820 of 2011 makes several changes to the land preservation tax credit including allowing a transfer from the estate of a deceased taxpayer, allowing the Tax Commissioner for good cause to request a second appraisal of any donation of property, and providing that the maximum amount of credits that may be issued in any calendar year by the Department of Taxation would be $100 million plus any credits that have been disallowed or invalidated by the Department.
Virginia Land Conservation Foundation
Virginia Code § 10.1-1017 et seq. renames the Virginia Conservation and Recreation Foundation as the Virginia Land Conservation Foundation. The Foundation, upon appropriation by the General Assembly, provides funding for natural area protection, open spaces and parks, farmlands and forest preservation, and historic area preservation. The bill also allows moneys in the fund to be used for matching grants to localities, public bodies and non-profit organizations for:
• Purchasing fee simple title to or other rights, interests or privileges in property for the protections or preservation of ecological, cultural or historical resources;
• Lands for recreational purposes;
• Lands for threatened or endangered species, fish and wildlife habitat natural areas; and
• Agricultural and forest lands and open space.
Matching grants for natural area protection require a recommendation from the Department of Conservation and Natural Resources.
Virginia Land Conservation Foundation
Department of Conservation and Recreation
Open-Space Land Act
Virginia Code § 10.1-1700 establishes the Open-Space Land Act allows public bodies to acquire by purchase, gift, devise, bequest, grant or otherwise title to or any interests or rights of not less than five years' duration in real property that will provide a means for the preservation or provision of open-space land. It also allows public bodies to designate any real property in which it has an interest of not less than five years' duration to be retained and used for the preservation and provision of open-space land. Any such interest may also be perpetual.
Virginia H.B. 1621 of 2011 expands the definition of open-space land in the Open-Space Land Act to include agricultural and forestal lands used for agricultural and forestal production.
Virginia Farmland Preservation Fund
Virginia H.B. 1725 of 2011 establishes the Virginia Farmland Preservation Fund to consist of funds as may be appropriated by the General Assembly and any other moneys that may be made available from other public or private sources. The funds will be used solely for the purposes of preserving farmland in the Commonwealth and will be administered by the Department of Agriculture and Consumer Services.
Virginia H.B. 2041 of 2011 allows any commission created by executive order to study and make recommendations concerning the prevention of closure and realignment of federal security installations in Virginia to withhold from public disclosure specified records relating to the relocation of national security facilities, allows those portions of meetings where such records are discussed to be closed to the public.
Real Estate Disclosure Requirements
Virginia Code §§ 55-248.12:1 and § 55-519.1 require disclosures for properties located adjacent to a military air installations. Virginia Code § 55-519.1 requires that the owner of residential real property located in a locality in which a military air installation is located, must disclose to the purchaser that the parcel is located in a noise zone or accident potential zone, or both. The disclosure must also state the specific noise zone or accident potential zone, or both, in which the property is located according to the official zoning map.
Virginia § 55-248.12:1 requires the landlord (or an authorized representative) in a locality in which a military air installation is located to provide to the prospective tenant a written disclosure that the property is located in a noise zone or accident potential zone, or both. The disclosure must be provided prior to the execution of the lease by the tenant or, in the case of an oral lease agreement, prior to occupancy by the tenant. The law allows a tenant, who is not provided the disclosure, to terminate the lease agreement at any time during the first 30 days of the lease period by sending written notice to the landlord.
Virginia Code § 15.2-2295 provides for any locality, in whose jurisdiction, or adjacent jurisdiction, is located a United States government or military air facility, to enforce building regulations relating to the provision or installation of acoustical treatment measures in residential buildings and structures, in areas affected by above average noise levels from aircraft due to their proximity to flight operations at nearby airports.
Virginia S.B. 773 of 2011 allows any locality, or adjacent locality, which has not only a United States Master Jet Base but also a licensed airport or United States government or military air facility to adopt and enforce building regulations relating to the provision or installation of acoustical treatment measures applicable to buildings and structures, or portions thereof, in Assembly, Business, Educational, Institutional, and Mercantile groups, as defined in the International Building Code.
Virginia H.B. 787 of 2010 expands the Commonwealth’s policy from supporting exploration for natural gas resources 50 miles or more offshore to also supporting oil and natural gas exploration, development, and production 50 miles or more off Virginia's coast
Virginia Offshore Wind Project Development Authority
Chapters 507 and 681 of 2010 (H.B. 389 and S.B. 577 or 2010) established the Virginia Offshore Wind Development Authority to facilitate and support the development of wind-powered electric energy facilities located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit. The Commission is charged with:
• Collecting metocean data
• Identifying existing state and regulatory or administrative barriers to the development of the offshore wind industry
• Upgrading port facilities to accommodate the manufacturing and assembly of offshore wind energy project components and vessels that will support the construction and operations of offshore wind energy projects
• Securing federal loan guarantees, and
• Developing, constructing, and operating interconnection facilities on the Virginia shoreline to connect offshore wind energy projects to the electric grid.
The development of wind projects must be compatible with other ocean uses and avian and marine resources, including both the possible interference with and positive effects on naval facilities and operations, NASA-Wallops Flight Facility operations, shipping lanes, recreational and commercial fisheries, and avian and marine species and habitats.
Renewable Energy Facility Siting
Virginia S.B. 862 of 2011 requires that a local ordinance addressing the siting of renewable energy facilities be consistent with provisions of the Commonwealth Energy Policy, provide reasonable criteria to be addressed in the siting of any such facility that generates electricity from wind and solar resources, and include provisions establishing reasonable requirements on the siting of any such facility. Measures required by the ordinance are required to be consistent with the locality's existing ordinances.
Virginia Military Advisory Council
The Virginia Military Advisory Council (VMAC) was established to maintain a cooperative and constructive relationship between the Commonwealth and the leadership of the Armed Forces of the United States. VMAC's mission also extends to the military commanders stationed in the Commonwealth, where they work together to encourage regular communication on continued military facility viability, the exploration of privatization opportunities and issues affecting preparedness, public safety and security.
Fort Monroe Authority
Virginia S.B. 315 of 2010 and Virginia H.B. 1297 of 2010 establishes the Fort Monroe Authority as a public body corporate and as a political subdivision of the Commonwealth to be governed by an 11-member Board of Trustees. Grants the Authority the power to oversee the preservation, conservation, protection, and maintenance of the Commonwealth’s real property interests at Fort Monroe and the renewal of Fort Monroe as a vibrant and thriving community.
State Contact Information
Military Liaison POC
The Honorable Terrie Suit
Secretary of Veterans Affairs & Homeland Security
P.O. Box 1475
Richmond, Virginia 23218
(804) 225-3882 fax
Mr. Stanton (Stan) Scott, Executive Director
Virginia National Defense Industrial Authority
P.O. Box 798
Richmond, Virginia 23218
(804) 545-5641 fax
Maj. Gen. Daniel E. Long, Jr, Adjutant General
Department of Military Affairs
5901 Beulah Road
Sandston, Virginia 23150
Military Relations Liaison
Office of Secretary of Veterans Affairs & Homeland Security
Legislative Process Regarding Military POCs
On the House side, the Committee on Militia, Police and Public Safety maintains primary jurisdiction over military affairs issues. The Committee on Courts of Justice handles most legislation pertaining to military affairs in the Senate. In 2010 Governor Bob McDonnell initiated legislative action which changed and re-organized the former Office of Commonwealth Preparedness (OCP) into the current Office of Veterans Affairs & Homeland Security (OVAHS). In April of 2011 Terrie L. Suit was appointed by Governor McDonnell to the position of Secretary of Veterans Affairs & Homeland Security after previously serving as Assistant to the Governor for Commonwealth Preparedness. On general military issues, the point of contact is the Secretary of Veterans Affairs & Homeland Security, a cabinet-level position. The Legislature also looks to the Virginia Military Advisory Council to represent the military on legislative issues before the General Assembly. Finally, the Virginia National Defense Industry Association was established to support existing and future military-related opportunities in the Commonwealth.
Committees of Primary Jurisdiction/Legislative Contact
Senate Committee on Courts of Justice
Senator Henry Marsh, III, Chairman
General Assembly Building, Room 432
Richmond, Virginia 23219
Senator A. Donald McEachin (D) - Senate District 9 (Co-Chair)
General Assembly Building, Room 428
Richmond, Virginia 23219
House Committee on Militia, Police and Public Safety
Delegate Scott Lingamfelter, Chair
General Assembly Building, Room 511
P.O. Box 406
Richmond, Virginia 23218