Virginia AG Confirms Treasurer’s Authority on Rezoning Despite Tax Delinquency

The Virginia Attorney General (AG) has issued an official advisory opinion that addressed questions from the Stafford County Treasurer regarding the 2017 amendment to Virginia Code § 15.2-2286(B). The amendment authorized the treasurer to override a local governing body’s decision to deny a rezoning or permit application due to delinquent taxes on the subject property. The AG found that the treasurer has the authority under the 2017 amendment to require the locality to consider the application on its merits, regardless of any unpaid taxes and notwithstanding any contrary local ordinance. However, the treasurer’s authority does not extend to requiring the ...