Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Can the Virginia Retirement System claw back pension overpayments when it later finds it miscalculated a cost-of-living increase?
Yes. VRS may recover overpayments resulting from the 2009 COLA miscalculation. Va. Code § 51.1-124.9(A)(1) authorizes correction of any benefit error and gives VRS flexibility in choosing the recovery…
Can a Virginia locality limit uranium mining to certain zoning districts, set stricter pollution standards, require extra bonds, or hold miners liable for property value loss?
No, on each. Virginia has a statutory moratorium on uranium mining, so localities cannot regulate something that isn't permitted. Even if the moratorium were lifted, federal law preempts nuclear safet…
If a Virginia county supervisor emails a newsletter to constituents, is the email list a public record under FOIA?
It depends on the newsletter. The Virginia FOIA covers records 'prepared or owned' in the 'transaction of public business.' Whether a newsletter sent by a Board of Supervisors member is public busines…
Can Virginia's environmental agency hand $80,000 to the Chesapeake Bay Foundation for educational field studies?
No, not as a direct gift. The Chesapeake Bay Foundation (CBF) is a 501(c)(3) charitable organization not owned or controlled by the Commonwealth. Article IV, § 16 of the Virginia Constitution prohibit…
When is Virginia's regional congestion relief fee triggered: by the date a deed is signed, or by the date it's recorded?
By the date of recordation. After conflicting June 2013 guidance from the Office of the Executive Secretary of the Supreme Court of Virginia, the AG settled the question: § 58.1-802.2's regional conge…
Can a Virginia county's zoning ordinance treat the same zoning district differently based on which electoral district the parcel sits in?
No. Va. Code § 15.2-2282 requires all zoning regulations to 'be uniform for each class or kind of buildings and uses throughout each district.' Spotsylvania's February 2013 amendment authorizing layin…
If a county fails to maintain a historic building on land deeded from the state, can the state take the land back?
The deed obligated Isle of Wight County to maintain and preserve the dwelling in good condition, and the county apparently breached that obligation through years of disrepair. But the deed's reverter …
When a Virginia landowner puts a conservation easement on property, must it meet the local minimum-acreage rule, and what if the easement allows lot splits later?
Conservation easement land must meet the local minimum acreage rule of § 58.1-3233 at the time the easement is dedicated, unless the easement predated the local land use ordinance. Once qualified, lat…
Can Albemarle County ban all junk cars from residential yards unless they're inside a garage or hidden from view?
Yes. Va. Code § 15.2-905(A) gives Albemarle County (and other specified localities) two options for regulating inoperable vehicles on residential, commercial, or agricultural land: a total ban with an…
Can a Virginia city treasurer get paid a percentage for collecting delinquent court fines, and what are the limits?
Yes. A city treasurer may enter into an agreement with the local Commonwealth's Attorney under Va. Code § 19.2-349 to collect delinquent court debt (fines, costs, forfeitures, penalties, restitution).…
If a Virginia county downzones some property but upzones other property at the same time (no net loss of lots), does it still have to mail notice to every owner being downzoned?
Yes. Va. Code § 15.2-2204(B) requires a planning commission to give written notice to the owner of each parcel facing a downzoning, regardless of whether other concurrent rezoning proposals would incr…
Can Virginia retry a defendant whose conviction was reversed because some evidence was wrongly admitted, when the rest of the trial evidence would still support the conviction?
Yes. House Bill 2338 (codified as Va. Code § 19.2-324.1, effective July 1, 2013) requires Virginia appellate courts to consider all evidence admitted at trial when reviewing sufficiency challenges, ev…
Can a Virginia locality charge more than $50 to license a kennel with hundreds of dogs?
Yes, with a per-block cap. The AG concluded that § 3.2-6528 let a Virginia locality charge a kennel establishment with multiple kennel blocks more than $50 in total license taxes, but no more than $50…
Can a Virginia local government force the circuit court clerk to grant outside access to the clerk's case management system?
No. A circuit court clerk's case management system is the clerk's record under the clerk's custody. Access to it lies within the sound discretion of the clerk. Neither the local governing body nor any…
Can a Virginia prosecutor make the defense disclose the factual basis for its motion to suppress evidence in district court?
Yes. Under Va. Code § 16.1-69.25:1, district court judges may direct the filing of a bill of particulars upon request of 'either party.' That means the Commonwealth's Attorney, just like the defense, …
Can a Virginia school board ban its employees from keeping guns in their locked cars on school property?
Yes. Va. Code § 15.2-915 prohibits 'localities' (counties, cities, towns) from adopting workplace rules that prevent employees from storing a lawfully possessed firearm and ammunition in a locked priv…
Is Planned Parenthood's Virginia Beach facility exempt from local real and personal property taxes as a charitable hospital?
Conditionally yes. Planned Parenthood of Southeastern Virginia is licensed as both an outpatient surgical hospital and an abortion facility, both of which are 'hospitals' under Va. Code § 32.1-123. Th…
Can a Virginia county pay to fix up a private subdivision road so VDOT will adopt it, even though a covenant on the property bans using public funds on the road?
Section 33.1-72.1 provides the requirements and funding options for upgrading a road for acceptance into the secondary system. Whether a restrictive covenant prohibiting public-fund use blocks the acc…
Can a Virginia county walk away from a deteriorating bridge it owns by abandoning it and selling the property to a private party, including paying the buyer to take it?
Yes. A Virginia county may abandon a bridge that's neither in the State Highway System nor the secondary system if the bridge is no longer necessary or abandonment serves the public interest. On aband…
Can the Virginia Department of Health authorize doctors to prescribe antibiotics for the partners of patients with chlamydia or gonorrhea without seeing the partners first?
Yes, but only within strict statutory limits. Va. Code § 54.1-3303(C) lets a practitioner who has treated a diagnosed patient prescribe certain medicine to a close contact (such as a sex partner) with…
Can a Virginia county fund volunteer fire and rescue squads that aren't IRS nonprofits, where does a treasurer have to keep records, and can a county attorney release delinquent tax data under FOIA?
Yes to local funding under § 27-23.1, whether or not the company is a 501(c)(3) and whether or not members are paid. Treasurer records stay in the treasurer's building, retained per Library of Virgini…
If a Virginia locality passes an ordinance requiring smoke detectors in buildings with dwelling units, do existing buildings have to be retrofitted with them?
No. A local smoke detector ordinance under § 15.2-922 does not retroactively require retrofits of existing buildings. When detectors are installed in the future, the install has to follow the current …
Can the Virginia Port Authority hire a paid lobbyist to represent its interests in Washington, D.C.?
Yes. Va. Code § 2.2-434 prohibits state officers, boards, institutions, and agencies from employing compensated 'lobbyists.' But the defined terms in Va. Code § 2.2-419 limit 'lobbyist,' 'lobbying,' '…
Can a Virginia county pay for school resource officers in private schools, including religious schools, alongside its public schools?
Yes. A county board of supervisors has broad police powers under Va. Code § 15.2-1200 to promote the safety of all county inhabitants, including children attending private schools. The county can lega…
Do Virginia Office of State Inspector General investigators have arrest powers and the authority to execute criminal process?
Yes, but only on a designated basis. Under § 2.2-311(A), the State Inspector General may designate himself plus up to 30 members of the OSIG investigations unit to have the same powers as a sheriff or…
Does Virginia's State Inspector General have to take over every function from predecessor IG offices, and does its reach include non-executive branch state bodies?
No, and no. The 2011 enabling legislation lets dual reporting continue at agencies that already had internal audit programs; OSIG didn't have to absorb everything. Its jurisdiction reaches executive b…
Does Fauquier County's zoning ordinance for farm wineries go beyond what Virginia law lets a county regulate?
Yes, in part. The ordinance regulates by-right winery activities (production, on-premises tasting, sale, shipment, storage) that §§ 15.2-2288.3 and 4.1-128 expressly bar localities from regulating. Th…
Do members of Virginia Indian tribes need a hunting or fishing license in Virginia, and do state game laws apply to them?
No license is needed if the person habitually resides on a reservation or is a member of a Virginia-recognized tribe living in the Commonwealth. Members of tribes that signed the Treaty of 1677 can al…
Can a Virginia county cap or require approval of water rates that a town inside the county charges to county residents?
No. The AG concluded that Fairfax County had no authority to cap, review, or require approval of the water rates the Town of Vienna set for its water customers, including the roughly 40% of Vienna's u…
Does the local business license tax exemption for railroads also cover a Class I railroad's transloading subsidiary?
Not automatically. The AG concluded a Class I railroad's transloading subsidiary did not qualify for the local business license tax exemption under § 58.1-3703(C)(1) unless it had been certified by th…
When did Virginia start hiding concealed handgun permit information from the public, and does it cover permits issued before that date?
The amendments to Va. Code § 18.2-308(D) took effect on July 1, 2013. From that date forward, the clerk of court must withhold from public disclosure the applicant's name and any other information con…
Can a Virginia locality without a merchants-capital ordinance still tax short-term rental property like cars and party rentals as tangible personal property?
No. After a 2010 amendment to Va. Code § 58.1-3510.6(E), short-term rental property is a distinct sub-class of merchants' capital, not tangible personal property. A locality may tax it as merchants' c…
Can a Virginia town or county legally run a Trap-Neuter-Release program for feral cats?
A Virginia locality may humanely trap feral cats and have them sterilized by a licensed veterinarian. The locality may NOT release sterilized cats back to where they were captured or anywhere in the w…
When a Virginia locality refinances school bonds and saves money on debt service, can the school board reallocate that surplus to other school needs?
If the local governing body appropriated funds to the school board in a lump sum, the school board may keep and reallocate debt service savings from bond refunding. If the governing body appropriated …
In Virginia, who decides courthouse security rules: the chief judge, the judges collectively, the sheriff, or the court administrator?
The chief judge or the circuit judges collectively can make courthouse security rules, including a rule that allows cellular phones inside. They can't delegate that rulemaking authority to a court adm…
Can a Virginia legislator raise money for Super PACs and federal party accounts during the General Assembly session?
Mostly yes. The AG concluded that during a regular session of the Virginia General Assembly, a member could solicit or accept contributions on behalf of candidates in other states, federal PACs, feder…
Can a Virginia general district court order postrelease supervision for two misdemeanor failure-to-register convictions, and can it task VDOC with the supervision?
Yes. A general district court may order postrelease supervision for a misdemeanor first violation of § 18.2-472.1(A), but only six months per conviction. The court can direct VDOC to oversee the super…
Can a Virginia driver be charged with reckless driving for using their cell phone even if the specific texting-while-driving statute does not apply?
Yes. As of July 1, 2013, HB 1907 made texting/emailing while driving a primary offense under § 46.2-1078.1. But the reckless driving statute (Va. Code § 46.2-852) operates independently. A driver who …
Can the Virginia General Assembly directly give state money to charities like Operation Smile or local free clinics, or does the state constitution block that?
Mixed. Article IV, § 16 of the Virginia Constitution bars the General Assembly from making 'any appropriation of public funds ... to any charitable institution which is not owned or controlled by the …
Can a Virginia school board pay capital renovation costs for a regional Governor's School building owned by another county's school board?
No. The Loudoun County School Board has no general statutory authority to pay capital renovation costs for school property that is wholly owned and operated by another school board (here, the Fairfax …
If a homeowner gives HUD a second mortgage that's subordinate to a previously-recorded first deed of trust, does Virginia recordation tax still have to be paid?
Yes. A subordinate mortgage giving a security interest to HUD is subject to Virginia state and local recordation taxes. The § 58.1-809 exemption applies only to truly supplemental writings that modify…
Does a Virginia inmate's jail sentence stop running when he's transported to another jurisdiction for a court appearance?
No. A Virginia jail sentence does not stop running (is not tolled) when the inmate is briefly transported to another jurisdiction to appear in court. The home jail must credit the inmate for all time …
In Virginia, can a doctor issue a Do Not Resuscitate order verbally, in person or by phone?
Not a Durable DNR Order. Virginia law defines that as a 'written physician's order' issued under § 54.1-2987.1. But a physician who is physically present with a patient in cardiac or respiratory arres…
Does letting agriculture happen 'by right' in a Rural Residential zone turn it into an agricultural zone under Virginia's Right to Farm Act?
No. The AG concluded that allowing agriculture as a 'by right' use in areas zoned Rural Residential did not create an 'agricultural district or classification' under § 3.2-301 of the Right to Farm Act…
Does Surry County have to charge the new regional transportation taxes that HB 2313 imposed on Hampton Roads localities?
No. The 2013 Transportation Funding Bill (HB 2313, Chapter 766) imposed regional taxes only on localities 'located in' a planning district meeting specific population, registered vehicle, and transit …
Does a Virginia concealed handgun permit require a firearms training course taught by a Virginia-certified instructor, or does any state's certification count?
Any state. The phrase 'state-certified' in Va. Code § 18.2-308(G)(7) and (P1)(7) refers to a firearms instructor certified by any state in the United States, not just by Virginia. The statute does not…
Can Virginia police or sheriffs ticket cyclists who blow through stop signs on the W&OD Trail?
Yes, but with a catch. If the Northern Virginia Regional Park Authority has properly adopted stop signs on the Washington & Old Dominion Trail as a rule or regulation under the Virginia Park Authoriti…
Can Charlottesville reserve city parking for fuel-efficient vehicles?
Yes. The AG concluded that the City of Charlottesville could lawfully erect signs on city-owned property reserving parking spaces for 'Low Emitting/Fuel Efficient Vehicles Only,' under its general par…
How must Virginia counties spend transient occupancy tax revenue above 2%, and who must they consult?
Counties listed in § 58.1-3819 (Wythe and similar) had to spend any transient occupancy tax above 2% on tourism, attracting travelers, increasing lodging occupancy, and generating tourism revenue, wit…
Can prosecutors use a roadside breathalyzer result to prove underage drinking, public intoxication, or alcohol use by an interdicted person?
Yes, with conditions. The statutory ban on preliminary breath test (PBT) results applies only to certain DUI prosecutions under § 18.2-267(E). For underage possession of alcohol (§ 4.1-305), possessio…
Can a Virginia city's police department run an undercover business to catch cigarette traffickers, and what happens to the money the operation generates?
Yes, Hampton's police department can run a churning operation (an undercover business that 'churns' its own revenue to fund continuing investigation) under the city's general police powers in Va. Code…
If I bought a car in Virginia before July 1, 2013 but didn't title it at DMV until after, do I pay 3% or 4% sales tax?
The 3% rate applies. The Virginia motor vehicle sales and use tax is imposed at the rate in effect when the sale happens. 'Sale' is defined in Va. Code § 58.1-2401 to include 'any transfer of ownershi…
When a Virginia taxpayer makes a partial payment on real estate taxes that include both general taxes and special-district or CDA taxes, how should the treasurer allocate it?
The treasurer applies payments first to the most delinquent assessed taxes (oldest accounts paid before newer ones, per § 58.1-3913). When multiple taxes (general real estate, Special District, and CD…
Can a Virginia state board member keep voting after their term expires if no replacement has been confirmed yet?
Yes. The general common-law rule, applied consistently in Virginia, is that absent a constitutional or statutory prohibition, a public officer holds over after the conclusion of their term until a suc…
Does a Virginia sheriff have to dispose of every unclaimed body in their jurisdiction, or only the bodies that the medical examiner investigated?
Only the medical-examiner cases. Va. Code § 32.1-288 sets up the procedure for what to do with a body after the Office of the Chief Medical Examiner finishes its death investigation under Article 1 of…
Can a Virginia school superintendent refuse to give a student's records to police citing FERPA, even when officers say it's a safety emergency?
Yes. FERPA's health-and-safety exception is discretionary and the educational agency, not law enforcement, decides whether the threat is 'articulable and significant.' Section 22.1-287 likewise permit…
Can Virginia Housing Development Authority staff own rental property leased through the federal Section 8 voucher program?
No. The AG concluded that the State and Local Government Conflict of Interests Act (COIA) barred Virginia Housing Development Authority officers and employees from participating as property owners in …
Can a Virginia circuit court appoint a guardian ad litem to represent minor children in a workers' compensation case pending before the Virginia Workers' Compensation Commission?
Yes. The Virginia Workers' Compensation Commission cannot appoint a guardian ad litem itself, and the general guardian-ad-litem statute (§ 8.01-9) does not literally cover minor claimants (as opposed …
Can a Virginia city council appoint its own mayor or council members to the Fort Monroe Authority Board of Trustees?
No. Article VII, § 6 of the Virginia Constitution and Va. Code § 15.2-1535 prohibit a governing body from appointing its own members to other 'offices' the body fills, unless general law provides an e…
If a union publishes a member's Social Security number, can the member sue under Virginia's identity-protection statute, or does federal labor law preempt the claim?
Virginia courts could not be expected to follow the North Carolina decision in Fisher in every scenario. Strong arguments support the conclusion that Va. Code § 59.1-443.2(A)(1), which bans the intent…
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.