Can a Virginia locality limit campaign yard signs to a smaller size than other temporary signs?

Plain-English summary

A delegate asked whether a Virginia locality could restrict campaign yard signs to two-by-two-foot dimensions while allowing larger sizes for other temporary signs. The AG said no. The locality could regulate political signs, but only on the same terms as other temporary signs of equivalent type.

Section 15.2-109 of the Virginia Code reads: "No locality shall have the authority to prohibit the display of political campaign signs on private property if the signs are in compliance with zoning and right-of-way restrictions applicable to temporary nonpolitical signs, if the signs have been posted with the permission of the owner. The provisions of this section shall supersede the provisions of any local ordinance or regulation in conflict with this section."

That language did two things. First, it required parallel treatment: political signs that meet the rules applicable to temporary nonpolitical signs cannot be prohibited. Second, it expressly preempted any conflicting local ordinance. The AG read those two pieces together: a locality can regulate political signs under zoning, but only in the same manner as other temporary signs. Any ordinance imposing heavier burdens, like a stricter size cap, on political signs alone was preempted and invalid.

Currency note

This opinion was issued in 2012. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG say all political sign regulations were invalid?
No. Localities can regulate political signs. The opinion was narrower: any regulation must be no stricter than what the locality applies to other temporary signs. Equal treatment, not no treatment.

What if a locality allows 4x4 foot real estate signs but only 2x2 political signs?
That's the exact pattern the opinion called preempted. If a locality allows larger temporary signs of other types, it has to allow political signs of the same size.

Does the rule cover yard signs on private property only?
Yes. Section 15.2-109 by its terms applies to political signs on private property "posted with the permission of the owner." Public rights-of-way are a different question.

Could a locality just ban all temporary signs, political and otherwise?
The opinion didn't reach that question either. Statute requires equal treatment; it doesn't separately address whether the locality could pass a uniform ban on all temporary signs and rely on equal treatment alone.

Background and statutory framework

Virginia localities receive broad zoning authority that allows them, by ordinance, to regulate, restrict, permit, prohibit, and determine the size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures, including signs.

Section 15.2-109 carves out a state-preempted floor for political signs. Localities cannot prohibit them on private property if they comply with the same zoning and right-of-way rules applicable to temporary nonpolitical signs, and the provision expressly supersedes any conflicting local ordinance.

Two general rules of Virginia statutory construction frame the AG's reasoning. First, when a statute is clear and unambiguous, it is interpreted according to its plain language. Second, the manifest intention of the legislature, clearly disclosed by its language, must be applied. And as a baseline matter, an ordinance in conflict with a state law of general character and statewide application is universally held to be invalid.

Citations

• Va. Code § 2.2-505 (Attorney General opinions)
• Va. Code § 15.2-109 (political sign protection on private property)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2012/12-043_Ramadan.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

June 1, 2012

The Honorable David Ramadan
Member, House of Delegates
23456 Rock Haven Way, #105A
Dulles, Virginia 20116

Dear Delegate Ramadan:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented
You inquire regarding the validity of ordinances governing the posting of campaign signs on private property. Specifically, you ask whether ordinances imposing stricter size limitations on political signs than on other temporary signs are permissible in light of § 15.2-109 of the Code of Virginia.

Response
It is my opinion that any zoning ordinance that places heavier burdens or greater restrictions on temporary political signs than are placed on any other classification of temporary sign is pre-empted by state law, thereby rendering any such ordinance invalid.

Background
You state that political campaigns routinely use 4 x 8, 4 x 4, and 2 x 2 foot signs during campaigns. You also state that various localities seek to limit political signs to 2 x 2 feet while permitting larger signs for other categories of temporary signs. According to your description, the zoning regulations implicated in your question require the permitting of political signs along with other temporary signs.

Applicable Law and Discussion
The power of a local governing body, unlike that of the General Assembly, "must be exercised pursuant to an express grant" because "the powers of boards of supervisors are fixed by statute and are limited to those conferred expressly or by necessary implication." Conversely, "[a]n ordinance in conflict with a state law of general character and state-wide application is universally held to be invalid."

Generally, pursuant to its zoning powers, "[a]ny locality may, by ordinance, ... regulate, restrict, permit, prohibit, and determine ... [t]he size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures ... ," including signs. Nonetheless, irrespective of this broad authority, the General Assembly specifically has provided in § 15.2-109 that

No locality shall have the authority to prohibit the display of political campaign signs on private property if the signs are in compliance with zoning and right-of-way restrictions applicable to temporary nonpolitical signs, if the signs have been posted with the permission of the owner. The provisions of this section shall supersede the provisions of any local ordinance or regulation in conflict with this section.

"When a statute is clear and unambiguous, the rules of statutory construction dictate that the statute is interpreted according to its plain language;" and "'[t]he manifest intention of the legislature, clearly disclosed by its language, must be applied.'" I therefore conclude that localities may regulate temporary political signs under zoning ordinances only in the same manner as other temporary signs. Any ordinance that places heavier burdens or greater restrictions on temporary political signs than are placed on any other temporary signs is invalid.

Conclusion

Accordingly, it is my opinion that any zoning ordinance that places heavier burdens or greater restrictions on temporary political signs than are placed on any other classification of temporary sign is pre-empted by state law, thereby rendering any such ordinance invalid.

With kindest regards, I am
Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General of Virginia