Can Albemarle County ban all junk cars from residential yards unless they're inside a garage or hidden from view?
Plain-English summary
Albemarle County was working on an ordinance to limit the number of inoperable vehicles "outside of a fully enclosed building" to zero on residential properties of less than five acres. A question came up: does Va. Code § 15.2-905 require that the county allow at least one inoperable vehicle to be kept outside? Delegate Steven Landes asked the AG.
The AG: no, § 15.2-905(A) authorizes a total ban with the screened/enclosed exception.
What § 15.2-905(A) does. First paragraph: certain enumerated localities (including Albemarle) "may by ordinance prohibit any person from keeping, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer ... which is inoperable." Second paragraph: those same localities "in addition may by ordinance limit the number of inoperable motor vehicles that any person may keep outside of a fully enclosed building or structure."
The opinion turns on the words "in addition." The General Assembly was giving the locality more tools, not fewer. The locality may pick the regulatory mode that fits its enforcement needs:
- Total ban. Prohibit all inoperable vehicles in the listed zoning classifications, with the mandatory exception for those kept inside a fully enclosed building or "shielded or screened from view" (defined as not visible from outside the property at ground level).
- Numeric limit. Set a permitted number (one, two, several) of inoperable vehicles that may be kept outside a fully enclosed building.
What counts as "inoperable." Section 15.2-905(A) defines "inoperable motor vehicle" as one that (a) is not in operating condition; or (b) does not display valid license plates; or (c) does not display a valid inspection decal, or displays one that has been expired for more than 60 days. Any of those three triggers the definition. A vehicle that runs but has expired tags counts.
What "shielded or screened from view" means. The statute defines this as "not visible by someone standing at ground level from outside of the property on which the subject vehicle is located." A tarp, fence, hedge, or building can provide the screen. The vehicle does not need to be inside a structure; it just has to be hidden from view.
The Dillon Rule context. Local powers in Virginia are strictly construed: only powers expressly granted or necessarily implied. Section 15.2-905 is an express grant. Reading "in addition" as an additional power (rather than a limitation) follows the plain-meaning rule and respects the General Assembly's structure.
Currency note
This opinion was issued in 2013. 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.
Section 15.2-905 has been amended several times since 2013 (with additions to the localities list, the inoperability definition, and procedural requirements). The total-ban-vs-numeric-limit framework has remained intact.
Common questions
Does this apply to all Virginia localities?
No. Section 15.2-905(A) lists specific localities authorized to use these regulatory tools (Albemarle is among them). Localities not on the list lack the same authority. Other statutes give other localities similar (but not identical) powers.
What if my vehicle is just temporarily inoperable while I fix it?
The statute does not have a "I'm fixing it" exception. If the vehicle is not in operating condition, lacks tags, or has an inspection decal expired more than 60 days, the locality can treat it as inoperable. Move it inside a garage, get a temporary tarp, or screen it from view.
Does this apply to vehicles in the front yard, side yard, and back yard equally?
The statute references property zoned for residential, commercial, or agricultural use. It does not distinguish among yards. The shielded-from-view test is about whether someone at ground level outside the property can see the vehicle, so a backyard vehicle blocked by a privacy fence might qualify for the exception, while one in the front lawn might not.
Can I park a project car under a car cover in my driveway?
The car cover may satisfy the "shielded or screened from view" exception if it actually obscures the vehicle from outside-the-property view. A clear plastic cover or a too-small cover that lets the vehicle profile show through might not qualify. Local zoning administrators tend to interpret this narrowly.
What about agricultural property with old tractors?
The statute applies to "motor vehicle, trailer or semitrailer" as defined in § 46.2-100. Tractors used in agricultural operations may fall under separate categorical exemptions; check the local ordinance and the definitions in Title 46.2.
How is this enforced?
Typically through a property maintenance officer, zoning inspector, or code enforcement officer, who issues a notice of violation. The owner has time to cure (move, repair, or screen the vehicle). Continued violation can result in fines or, in extreme cases, removal at the owner's expense.
Can I challenge the ordinance?
Yes, through standard zoning appeals (Board of Zoning Appeals, then circuit court). A challenge would face the Dillon Rule framework: the ordinance is presumptively valid if it stays within the statutory grant of authority.
Five acres or more: does the rule still apply?
The Albemarle-specific draft ordinance mentioned in the opinion targeted residential parcels of less than five acres. Larger parcels were treated differently. Localities have discretion in setting the size threshold within their § 15.2-905 authority.
Background and statutory framework
- Va. Code § 15.2-905(A): authority for listed localities to prohibit or limit inoperable vehicles.
- Va. Code § 46.2-100: definitions for "motor vehicle," "trailer," "semitrailer."
- Dillon Rule: local powers strictly construed.
The interpretive moves:
- "In addition" gives an alternative regulatory tool, not a constraint.
- Plain meaning of "prohibit" allows a total ban.
- Mandatory exception for shielded/enclosed vehicles is the operative limit on the ban.
- Each option (ban with exception, numeric limit) is independently available.
Citations
- Va. Code § 15.2-905
- Va. Code § 46.2-100
- Bd. of Supvrs. v. Horne, 216 Va. 113, 215 S.E.2d 453 (1975)
- Bd. of Supvrs. v. Countryside Inv. Co., 258 Va. 497, 522 S.E.2d 610 (1999)
- Davenport v. Little-Bowser, 269 Va. 546, 611 S.E.2d 366 (2005)
- Richmond v. Confrere Club of Richmond, Inc., 239 Va. 77, 387 S.E.2d 471 (1990)
Source
- Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
- Original PDF: https://www.oag.state.va.us/files/Opinions/2013/13-089_Landes.pdf
Original opinion text
COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General
September 17, 2013
The Honorable R. Steven Landes
Member, House of Delegates
Post Office Box 12
Verona, Virginia 24482
900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1
Dear Delegate Landes:
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 interpretation of § 15.2-905 of the Code of Virginia. Specifically, you ask whether § 15.2-905 authorizes Albemarle County to enact an ordinance that would ban, in a residential zoning district, the keeping of one or more inoperable vehicles outside of fully enclosed buildings.
Response
It is my opinion that, for specified zoning classifications, § 15.2-905(A) authorizes Albemarle County to ban the keeping of inoperable vehicles unless the inoperable vehicle is "within a fully enclosed building or structure or otherwise shielded or screened from view ...."[1]
Background
You indicate that Albemarle County is in the process of developing "an ordinance to limit the number of inoperable vehicles 'outside of a fully enclosed building' to zero on residential properties of less than five acres." You further relate that a question has arisen as to whether Albemarle County can ban the keeping of all inoperable vehicles or whether § 15.2-905 requires that Albemarle County permit at least one inoperable vehicle to be kept outside of an enclosed building on such properties.
Applicable Law and Discussion
The question of whether a locality may enact a particular ordinance turns on whether the General Assembly has authorized the locality to do so. As the Virginia Supreme Court has noted,
[i]n Virginia the powers of boards of supervisors are fixed by statute and are limited to those conferred expressly or by necessary implication. This rule is a corollary to Dillon's Rule that municipal corporations have only those powers expressly granted, those necessarily or fairly implied therefrom, and those that are essential and indispensable.[2]
In determining whether the statutes enacted by the General Assembly grant the locality authority to adopt a particular ordinance, normal rules of statutory construction apply. Thus, in making such determinations, "courts will give statutory language its plain meaning."[3] Nevertheless, "[i]f there is any reasonable doubt whether legislative power exists, that doubt must be resolved against the local governing body."[4]
Section 15.2-905(A) is clearly a grant of authority to local governing bodies. In regards to your inquiry, it provides that the governing body of the County of Albemarle ... may by ordinance prohibit any person from keeping, except within a fully enclosed building or structure or otherwise shielded or screened from view,[5] on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, as such are defined in § 46.2-100, which is inoperable.[6]
Thus, § 15.2-905(A) expressly grants Albemarle County the power to enact an ordinance prohibiting inoperable vehicles from the listed zoning classifications unless the vehicles are kept "within a fully enclosed building or structure or otherwise shielded or screened from view."
Giving the word "prohibit" its ordinary meaning,[7] Albemarle County may ban inoperable vehicles, as defined by § 15.2-905, from a residential zoning district. Accordingly, Albemarle County is authorized to enact the ordinance you describe so long as this ban contains an exception for any inoperable vehicles that are "otherwise shielded or screened from view" or are stored in a "fully enclosed building or structure."
The confusion that necessitated your request appears to stem from the second paragraph of § 15.2-905(A). After providing the specified localities with the power to prohibit inoperable vehicles, the second paragraph of § 15.2-905(A) provides that those localities "in addition may by ordinance limit the number of inoperable motor vehicles that any person may keep outside of a fully enclosed building or structure."[8]
This portion of § 15.2-905(A) does not serve to limit the powers of the named localities. By using the phrase "in addition," the General Assembly made clear that this provision of the statute was granting more powers to the localities than the powers described in the first paragraph of § 15.2-905(A).
Thus, § 15.2-905(A) grants the specified localities multiple options regarding the regulation of inoperable vehicles within their jurisdiction. First, a locality may enact a total ban on such vehicles in the relevant zoning classifications, provided that the ban does not apply to inoperable vehicles kept within a fully enclosed building or structure or otherwise shielded or screened from view. Alternatively, the locality, in its discretion, may choose instead to limit the number of inoperable vehicles that may be kept outside of a fully enclosed building or structure.[9]
Conclusion
Accordingly, it is my opinion that, for specified zoning classifications, § 15.2-905 authorizes Albemarle County to enact an ordinance that bans the keeping of inoperable vehicles unless the inoperable vehicle is "within a fully enclosed building or structure or otherwise shielded or screened from view ...."[10]
With kindest regards, I am
Kenneth T. Cuccinelli, II
Attorney General
[1] Va. Code Ann. § 15.2-905(A) (Supp. 2013).
[2] Bd. of Supvrs. v. Horne, 216 Va. 113, 117, 215 S.E.2d 453, 455 (1975) (citations omitted); accord Bd. of Supvrs. v. Countryside Inv. Co., 258 Va. 497, 503, 522 S.E.2d 610, 613 (1999).
[3] Davenport v. Little-Bowser, 269 Va. 546, 555, 611 S.E.2d 366, 371 (2005) (citing Jackson v. Fidelity & Deposit Co., 269 Va. 303, 313, 608 S.E.2d 901, 904 (2005)).
[4] Richmond v. Confrere Club of Richmond, Inc., 239 Va. 77, 79, 387 S.E.2d 471, 473 (1990).
[5] Section 15.2-905(A) defines "shielded or screened from view" as "not visible by someone standing at ground level from outside of the property on which the subject vehicle is located."
[6] Section 15.2-905(A), in relevant part, defines "inoperable motor vehicle" as "any motor vehicle, trailer or semitrailer which is not in operating condition; or does not display valid license plates; or does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than 60 days."
[7] "Prohibit" generally is defined to mean "to forbid by authority" or "to prevent from doing something." See, e.g., Merriam-Webster's Collegiate Dictionary 929 (10th ed. 2001).
[8] Emphasis added.
[9] Without the second provision of § 15.2-905(A), an argument could be made that the localities either had to ban the keeping of inoperable vehicles outright or allow them to be kept without any limitation as to their number. The provisions read together make clear that the localities may enact an outright ban or choose to enact a numeric limitation.
[10] Section 15.2-905(A).