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 a teenager in Virginia get a protective order against a violent boyfriend or stalker without involving their parents?
An emancipated minor can file directly. A non-emancipated minor, no matter how mature, must file through a 'next friend' (usually a parent or another adult). For emergency protective orders, a magistr…
Can the Virginia Department of Health require a private well construction permit, and a licensed water well contractor, to install a closed-loop geothermal heat pump system?
Yes. The AG concluded VDH did not exceed its authority by requiring a private well construction permit and a Water Well Classification license for closed-loop geothermal heat pump installations. The p…
Can the Virginia Small Business Financing Authority issue refunding bonds to refinance bonds originally issued by a local industrial development authority?
Yes. VSBFA has broad statutory power to issue refunding bonds, and that power covers bonds originally issued by other authorities, public bodies, or political subdivisions, including industrial develo…
Can a Virginia coastal locality apply its local zoning rules to an offshore wind farm built in state waters?
No. Virginia localities cannot extend their land use ordinances to state-owned submerged lands. There are no 'applicable land use ordinances' for offshore wind projects in state waters, so DEQ can tre…
Can a Virginia county set a meals tax rate lower than the rate listed in the referendum ballot question, after voters approved the referendum?
Yes. A board of supervisors retains the discretion under § 58.1-3833 to set the meals tax rate after voters approve a referendum. The referendum is the consent to impose the tax; the rate, up to 4%, i…
What does it take to refund a Virginia local tax after the commissioner of the revenue decides the original assessment was wrong?
The commissioner gives the board of supervisors a written certificate that the assessment was erroneous, and the county attorney consents. A board of equalization's order to reduce a real estate asses…
In Suffolk, when the Commissioner of the Revenue's real estate assessment duties are transferred to a city assessor, does the duty to seek court correction of erroneous assessments transfer too?
Yes, in the City of Suffolk. The Charter and the ordinance that created the assessor's office used broad language transferring 'all the duties' related to real estate assessment, so the § 58.1-3984(B)…
Must a Virginia county enforce the Property Maintenance Code (Part III of the USBC) in a small town that adopted Part III but did not designate anyone to enforce it?
No. A county is required to enforce Parts I and II of the USBC in a small town that has not elected to enforce them, but is not required to enforce Part III (Property Maintenance) when the town has ad…
Can a Virginia county board of supervisors tell the school board where to build new schools and how to consolidate?
No. The school board has exclusive authority over school consolidation decisions. The board of supervisors can recommend a plan and decide how much to fund, but cannot direct the school board's consol…
Can Virginia lawyers enter reciprocal referral agreements with doctors or other lawyers under a proposed update to the ethics rules?
Not in their current form. The proposed amendment to Rule 7.2 would allow reciprocal referral agreements, but those agreements would still violate Virginia's criminal 'running and capping' statute, wh…
If there's no public sewer available, can a Virginia locality still require a developer to get a special exception under the zoning ordinance to install a VDH-approved alternative onsite septic system?
No. Section 15.2-2157(C) bars localities from prohibiting alternative onsite sewage systems where no sewer is available and the system has VDH approval. A special exception is effectively a power to p…
How much can a Virginia sheriff charge for serving a writ of possession or fieri facias?
$25 for a writ of possession (with an extra $12 for each additional defendant), and $12 per person served for a writ of fieri facias.
When can a Virginia school principal or teacher search a student's cell phone, and what should they do if they find sexual images of a minor?
School staff may search a student's phone or laptop based on reasonable suspicion that the student is violating the law or school rules. If they find sexual images of a minor, they should stop showing…
Can a Virginia sheriff serve truancy meeting notices on parents at the school's request, without a court order?
Yes. A sheriff can assist a school division with enforcing compulsory attendance laws by serving notice of a truancy meeting on a parent or custodian, as long as the school board, division superintend…
Does a Virginia emergency vehicle driver always have to use both lights and a siren to qualify for the exemption from traffic-law prosecution?
No. The driver only has to use the lights or siren 'as may be reasonably necessary.' Both phrases are modified by that qualifier, so neither is mandatory in every circumstance.
Can a Virginia driver's license be issued, kept, or canceled based on someone's federal Employment Authorization Document?
DMV gets to decide whether the EAD alone counts as proof of lawful status (it can refuse it). Once a license is issued, DMV cannot cancel it based on later deportation, but at renewal it can require n…
Can a long-serving Virginia town attorney who worked under a contract be enrolled in the state retirement system as a retirement honor?
No. The town attorney served as an independent contractor, not an employee or officer, so he is ineligible for VRS benefits even with the town council's blessing.
Can a Virginia board of supervisors reduce a school board appropriation it has already made, by passing a later budget amendment?
No. Once a county board of supervisors actually appropriates funds to the school board (as opposed to merely adopting a budget), it cannot unilaterally reduce that appropriation. The school board cont…
Can a Virginia debt note authorize a confession of judgment by 'any substitute' chosen later by the named attorney-in-fact?
No. Section 8.01-435 requires the attorney-in-fact to be specifically named in the note itself. A 'full power of substitution' clause that lets the named person hand off the role to an unnamed third p…
Does a county sanitation authority have to review subdivision water and sewer construction plans, and is there a deadline?
Yes. When a county refers a subdivision's water or sewer construction plans to the sanitation authority for review, the authority has 45 days from receipt of the plans to approve or disapprove.
When a married homeowner applies for Virginia's elderly/disabled real estate tax relief, does the absent or separated spouse's net worth still count, even if the spouse isn't on the deed?
Yes. The applicant must report both spouses' net worth to determine net combined financial worth under § 58.1-3211(2), even if the spouses are separated or one has abandoned the other, and even if onl…
Do the State Water Control Board's sewage sludge permits have to comply with the statute that authorizes them?
Yes. Any permit the Board issues for land application of sewage sludge must comply with the applicable requirements of § 62.1-44.19:3. An administrative agency can only act within its statutory author…
What happens to a Virginia Pollution Abatement permit while an appeal of the permit is pending in court?
The permit stays valid and enforceable unless the court stays, suspends, or sets it aside. If no one appeals at all, the permit becomes final.
Can a Virginia town give a nonprofit free water, sewer, and trash service as a charitable donation?
Yes. Va. Code Ann. § 15.2-953(A) authorizes Virginia localities to make appropriations or donations to charitable institutions or associations that serve their residents, and a 2007 amendment expanded…
Does Virginia or federal law require an officer of election to be stationed outside every Virginia polling place for the full day so curbside voting is available on demand?
No. Neither state nor federal law requires an officer to stand outside the polling place at all times. Virginia's curbside voting duty is triggered when an eligible voter (or someone on the voter's be…
If a voter casts an absentee ballot and then dies before Election Day, does that vote get counted?
It depends on how the ballot was cast. A mailed paper absentee ballot from a known-deceased voter must not be counted. An in-person early ballot cast on voting equipment cannot be retrieved, so it end…
Can someone get Virginia's local property tax relief for the permanently disabled while working full-time at a $44,000 salary?
No. Working full-time and earning a substantial salary is itself 'substantial gainful activity,' which disqualifies a person from the § 58.1-3210 disability-based tax relief, even if a doctor has sign…
If a regional jail agreement doesn't match the statute's minimum board membership, which controls?
The statute controls. Section 53.1-106 sets a floor of the sheriff plus one representative from each political subdivision, and contrary provisions in the agreement must yield. The county can still ap…
Are 'free spin parlors' where you pay $5 for a worthless phone card but really to play a slot machine game illegal gambling in Virginia?
Yes. When the product being 'sold' is a sham and the real point of the transaction is the chance to win prizes, the operation has all three elements of illegal gambling (prize, chance, and considerati…
Can Virginia's Governor accept and spend federal education grant funds without an appropriation from the General Assembly?
No, an appropriations act is required to spend revenues of the Commonwealth, including federal grant funds. But where the General Assembly has already provided for the appropriation of those funds, th…
Is assaulting a nurse or doctor who treats inmates a felony in Virginia like assaulting a corrections officer?
Only if the medical worker is directly employed by the Department of Corrections, or is a volunteer rescue squad member acting in that role. Medical staff at local jails or hospital ERs treating inmat…
Can a Virginia driver assign medical benefits from their auto insurance policy to a chiropractor who treats them, and are 'no assignment' clauses in the policy enforceable?
Yes, the assignment is enforceable, and a policy clause barring such post-loss assignments is unenforceable as long as the assignment doesn't materially increase the insurer's risk or obligation.
Can a Virginia town council start negotiating an employment contract with a town manager without first voting as a body, and can the contract have a multi-year term?
Yes to negotiations: council members can negotiate preliminarily, as long as the appointment and contract are ultimately approved by a council vote. No to a fixed multi-year term: under § 15.2-1503, t…
Can a circuit court clerk refuse to docket a certified copy of a federal bankruptcy court judgment because it isn't labeled an 'abstract of judgment'?
No. So long as the certified copy contains the information § 8.01-449 requires, it counts as an authenticated abstract of judgment and the clerk has a mandatory duty to docket it.
Does the 2010 Virginia law delaying collection of residential cash proffers until after final inspection apply to proffer agreements signed before July 1, 2010, and is that constitutional?
Yes. Section 15.2-2303.1:1 applies to cash proffer agreements made before July 1, 2010, so localities cannot demand payment until after final inspection. The retroactive application does not violate t…
Can a Virginia school division employee run for and serve on that same school board, and can a Department of Health employee run an outside radon-testing business?
No, an employee of a school board cannot serve as a member of that same school board. A Department of Health employee may run a radon-testing consulting business on personal time, as long as the work …
Can a Virginia sanitary district build and run community buildings or recreational facilities outside its own boundaries to serve district residents?
Generally no. A sanitary district can only operate community buildings and recreational facilities within its boundaries, unless it reaches an agreement with another jurisdiction under § 15.2-1300 to …
If a Virginia school board has a vacancy, does that lower the number of members needed for a quorum?
Yes. A school board consists of the members who are 'duly appointed or elected.' A vacancy reduces that count, which in turn reduces the majority needed for a quorum.
When a Virginia judge verbally orders sheriff's deputies to take a sentenced defendant into custody for a number of hours, with no written order, is that direction binding and is the sheriff's office protected from liability?
Yes. A verbal sentencing order is binding on the sheriff's office, just like a written one, and deputies acting under it generally enjoy the same qualified sovereign immunity as in any other custodial…
Can a Virginia general district court or J&DR court impose a pre-filing review requirement on a vexatious litigant, and can it bar an attorney or pro se litigant who is engaging in unauthorized practice or unethical conduct?
Yes to both. Section 8.01-271.1 lets a district court impose a pre-filing review requirement as an 'appropriate sanction' when a litigant files frivolous or harassing pleadings. The court also has inh…
Who is on the hook for Virginia BPOL taxes when a business itemizes them on the customer's bill?
The business pays. Liability for Virginia BPOL (business, professional, and occupational license) taxes always sits with the licensee, not the customer. Only motor vehicle dealers have express statuto…
Can the Virginia Department of Conservation and Recreation prohibit swimming in waters next to state parks if it doesn't own those waters?
DCR can regulate swimming in waters within state parks, natural area preserves, and other lands it supervises, but it has no authority to regulate swimming in other waters.
Does an occasional concert, wedding reception, or dance at a Virginia barn or other 'farm building' trigger Building Code requirements for an occupancy permit?
No. The infrequent, non-agricultural use of a 'farm building or structure' (like hosting a concert, wedding, or dance) does not change its occupancy classification. So long as the building is still pr…
Must a Virginia county prohibit holiday displays with religious symbols on public property, and if not, what conditions must the county follow?
No. A local government is not categorically required to prohibit holiday displays, including ones with religious symbols. Such displays are permissible if the government is careful about content and c…
Can Virginia regulate clinics and doctors that perform first-trimester abortions?
Yes. The Virginia Boards of Health and Medicine have broad statutory authority under Title 32.1 and Title 54.1 to regulate facilities where first-trimester abortions are performed and the physicians w…
Can a Virginia county force residents to drop their existing private trash collection service and use the county's service instead?
Yes, if the county follows the statutory displacement procedure (notice, hearing, written finding, and either five years' notice to the displaced company or a buyout) or if 55% of property owners in t…
Are Virginia state-employed firefighters covered by the Line of Duty Act if they are injured or killed on the job?
Not by themselves. Firefighters who work directly for the Commonwealth are outside the Line of Duty Act unless their fire company or rescue squad has been formally recognized by a county, city, or tow…
Can a Virginia locality use a federal income threshold (or any extra criterion) to decide whether a homeowner is 'permanently and totally disabled' for property tax relief, and must its rules be in the published ordinance?
A locality cannot add to the statutory disability tests, including by using a federal disability income threshold to decide who is permanently and totally disabled. It can use a federal threshold as a…
Can a Virginia clerk of court install permanent courtroom recording systems and charge for copies of the recordings?
Yes. A clerk may install recording systems in Circuit, General District, and J&DR courts, keep them running while court is in session, and charge a fee for access to recordings, as long as statutory c…
Is a promotional sweepstakes at an internet cafe legal in Virginia if customers can either get entries by buying internet time or by entering for free?
Yes. When prize entries are available both with and without a purchase, the legal element of 'consideration' is missing, so no illegal gambling occurs under Virginia law. Section 18.2-325.1 lays out t…
Under Virginia's erosion and sediment control statute, can a building official issue a stop work order limited to just earth-moving activities, or does it stop all construction on the site?
It depends on which order. The first stop work order under § 10.1-566(C) applies only to land-disturbing activities and can be partial. If noncompliance continues, a second, more stringent order stops…
Can Virginia police, sheriffs, conservation officers, or zoning officials check the immigration status of people they encounter or stop?
Law enforcement officers, including conservation officers, may inquire into immigration status during lawful stops or arrests. Zoning officials, whose job is civil enforcement, lack the authority to i…
Is a Virginia locality's stormwater charge a tax or a fee, can it be enforced like a tax lien, and can landowners be 'grandfathered' or charged for runoff that originated on someone else's property?
The § 15.2-2114 stormwater charge is a fee, not a tax. The locality can enforce it with liens. Senate Bill 395 didn't delay enforcement. There is no statutory grandfathering, no waiver for impossible-…
Can a Virginia town pass an ordinance preventing two spouses from holding interrelated elected offices at the same time?
No. The Virginia Constitution sets the qualifications to hold elective office, and the General Assembly has not authorized localities to add a 'no two spouses' restriction. Such a local ordinance woul…
Can a Virginia city's police department use license plate readers and police vehicles to distrain property and collect delinquent municipal accounts?
No. Virginia police officers have no general authority in civil matters and may not act as collection agents to seize property for unpaid city debts. Distraint must be carried out by the treasurer, sh…
Where does a Virginia circuit court clerk file a foreign spousal-support order that names no specific dollar amount?
Because the foreign judgment did not state a specific monetary amount, the Virginia circuit court clerk may enter it in the judgment docket, the order book, or any other record deemed suitable, in acc…
If a Portsmouth mayor is removed in a recall election, does the city charter control how the vacancy is filled, or does a newly amended state vacancy statute control?
The Portsmouth City Charter controls. Because the charter sets up a special recall procedure that fills the office simultaneously with the recall vote, and the new general state vacancy statute does n…
Did Virginia's Senate Bill 376 give the Gas and Oil Board power to decide who owns coalbed methane gas?
No. 2010 Senate Bill 376 did not expand the Virginia Gas and Oil Board's authority. The Board still has no power to decide ownership claims among conflicting claimants to gas royalties, to resolve pro…
Can a Virginia city or county use zoning to require a special use permit for payday loan stores?
Yes. Virginia's zoning enabling statutes (§§ 15.2-2280, 15.2-2286(A)(3)) and the Southland Corp. case let local governing bodies classify payday loan businesses as a special exception or special permi…
Can Virginia force local school boards to start school after Labor Day, or does that intrude on local control of schools?
The AG declined to declare § 22.1-79.1 unconstitutional. The statute requires school boards to set the first student day after Labor Day, with good-cause waivers, and falls within General Assembly aut…
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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.