Part III. Mandatory Commission Reviews
1VAC50-20-180. Notice to commission of proposed action as required by § 15.2-2907 of the Code of Virginia.
A. Notice of a proposed action to the commission as required by § 15.2-2907 of the Code of Virginia shall be accompanied by resolution of the governing body of the locality providing the notice evidencing its support of such action. Notice to the commission shall indicate the name, title, telephone number, and email address of the individual who shall serve as designated contact with the commission regarding the issue presented.
1. Notice of a proposed annexation initiated by voters or property owners shall be accompanied by the original or certified petition signed by 51% of the voters of any territory adjacent to any municipality or 51% of the owners of real estate in number and land area in a designated area. Notice to the commission shall indicate the name, title, telephone number, and email address of the individual who shall serve as designated contact with the commission regarding the issue presented.
2. Notice of a petition for the proposed transition of a city to town status that has been referred to the commission pursuant to § 15.2-4102 of the Code of Virginia shall indicate the name, title, telephone number, and email address of the individual who shall serve as designated contact with the commission regarding the issue referred.
3. Notice to the commission by a committee of citizens that has been appointed by the circuit court to act for and in lieu of a governing body to perfect a consolidation agreement pursuant to § 15.2-3531 of the Code of Virginia shall indicate the name, title, telephone number, and email address of the individual who shall serve as designated contact with the commission regarding the proposed consolidation.
B. Any party giving notice to the commission of a proposed action pursuant to § 15.2-2907 of the Code of Virginia may submit with the notice as much data, exhibits, documents, or other supporting materials as it deems appropriate; however, the submissions should be fully responsive to all relevant elements of the applicable section of Part IV (1VAC50-20-540 et seq.) of this chapter.
C. Any party giving notice to the commission of a proposed action as required by § 15.2-2907 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to or sharing functions, revenue, or tax sources with the local government proposing the action. All notices to the local governments shall include contact information for the commission's staff with instructions to contact the commission or the locality's Freedom of Information Act (FOIA) officer, as applicable, for copies of additional documents and exhibits submitted to the commission.
1. Any voters or property owners giving notice to the commission of a proposed annexation as required by § 15.2-2907 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to or sharing functions, revenue, or tax sources with the municipality to which annexation is sought. All notices to the immediately affected local governments shall include contact information for the commission's staff with instructions to contact the commission for copies of additional documents and exhibits submitted to the commission.
2. Any voters whose petition for the proposed transition of a city to town status that has been referred to the commission pursuant to § 15.2-4102 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to or sharing functions, revenue, or tax sources with the city proposed for town status. All notices to the immediately affected local governments shall include contact information for the commission's staff with instructions to contact the commission for copies of additional documents and exhibits submitted to the commission.
3. A committee of citizens that has been appointed by the circuit court to act for and in lieu of a governing body to perfect a consolidation agreement pursuant to § 15.2-3531 of the Code of Virginia shall also give notice to each Virginia local government located within or contiguous to or sharing functions, revenue, or tax sources with the local governments that are proposed to be consolidated. All notices to the immediately affected local governments shall include contact information for the commission's staff with instructions to contact the commission for copies of additional documents and exhibits submitted to the commission.
D. Any local government receiving notice pursuant to subsection C of this section or any other affected party may submit data, exhibits, documents, or other material for commission review and consideration as it deems appropriate. The submissions should, however, be responsive to all relevant elements of the applicable section of Part IV (1VAC50-20-540 et seq.) of this chapter. Any party submitting material to the commission for review pursuant to this section shall also designate an individual as principal contact for the commission and shall furnish the individual's name, title, telephone number, and email address. The submitting party shall notify the party initiating the proceeding before the commission. Such notification shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission. The commission may establish a time by which all submissions by respondent parties must be received.
E. Upon its receipt of notice of a proposed action pursuant to subsection A of this section, the commission shall, subsequent to discussion with representatives of the party submitting the notice and other appropriate parties, schedule a review of the proposed action. The commission shall also concurrently extend the services of its office to the parties in an endeavor to promote a negotiated settlement of the issue and, further, may designate, with the agreement of the parties, an independent mediator to assist in the negotiations.
The commission's review of a notice of a proposed annexation as required by § 15.2-2907 of the Code of Virginia filed by voters or property owners shall be terminated upon receipt of an ordinance, duly adopted by a majority of the elected members of the governing body of the affected city or town, rejecting the annexation proposed by the notice.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from VR445-01-02 § 3.1, eff. November 1, 1984; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-190. (Repealed.)
Historical Notes
Derived from VR445-01-02 §§ 3.2 to 3.5, eff. November 1, 1984; repealed, Virginia Register Volume 22, Issue 26, eff. October 4, 2006.
1VAC50-20-230. Referral to commission of proposed voluntary settlement agreements.
A. Referral of a proposed voluntary settlement agreement to the commission under the provisions of § 15.2-3400 of the Code of Virginia shall be accompanied by resolutions, joint or separate, of the governing bodies of the localities that are parties to the proposed agreement requesting the commission to review the agreement. The resolutions shall also state the intention of the governing bodies to adopt the agreement subsequent to the commission's review and shall indicate the name, title, telephone number, and email address of the individual who shall serve as each locality's principal contact with the commission during the period of the commission's review.
B. Any party referring a proposed voluntary settlement agreement to the commission for review pursuant to § 15.2-3400 of the Code of Virginia may submit with the proposed agreement as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, the submissions should be fully responsive to all relevant elements of 1VAC50-20-610.
C. Whenever a proposed voluntary settlement agreement is referred to the commission for review pursuant to subsection A of this section, the parties to the proposed agreement shall concurrently give notice of the referral to each Virginia local government with which any of the parties is contiguous or with which any of the parties shares any function, revenue, or tax source. All such notices of referral shall be accompanied by contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.
D. Any local government receiving notice of referral pursuant to subsection C of this section or any other party may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as it deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-610. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of the commission's review and shall furnish the individual's name, title, telephone number, and email address. The commission may establish a time by which all submissions by respondent parties must be received. Any party submitting materials to the commission pursuant to this chapter shall also notify the parties to the voluntary settlement agreement of the submission. Such notification shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from VR445-01-02 § 3.6, eff. November 1, 1984; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-240. (Repealed.)
Historical Notes
Derived from VR445-01-02 §§ 3.7 to 3.9, eff. November 1, 1984; repealed, Virginia Register Volume 22, Issue 26, eff. October 4, 2006.
1VAC50-20-270. Referral to commission of proposed town-county agreement defining annexation rights.
A. Referral to the commission of a proposed town-county agreement defining annexation rights pursuant to § 15.2-3231 of the Code of Virginia shall be accompanied by resolutions, joint or separate, of the governing bodies of the town and county requesting the commission to review the agreement. The resolutions shall also state the intention of the governing bodies to adopt the agreement subsequent to the commission's review and shall indicate the name, title, telephone number, and email address of the individual who shall serve as each locality's principal contact with the commission during the period of its review.
B. Any affidavit made pursuant to § 15.2-3232 B of the Code of Virginia shall be filed with the commission within five business days of execution.
C. Any notice given under § 15.2-3232 B of the Code of Virginia shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.
D. Any party referring a proposed agreement to the commission for review pursuant to § 15.2-3231 of the Code of Virginia may submit with the proposed agreement as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, submissions should be fully responsive to all relevant elements of 1VAC50-20-560.
E. Any person or local government may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as the person or local government deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-560. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of the commission's review and shall furnish the individual's name, title, telephone number, and email address. The commission may establish a time by which all submissions by respondent parties must be received. Any party submitting materials to the commission pursuant to this chapter shall also notify the parties to the agreement defining annexation rights of the submission. Such notification shall include contact information for the commission's staff with instructions to contact the commission for copies of the documents submitted to the commission.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from VR445-01-02 § 3.10, eff. November 1, 1984; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-280. (Repealed.)
Historical Notes
Derived from VR445-01-02 §§ 3.11 to 3.13, eff. November 1, 1984; repealed, Virginia Register Volume 22, Issue 26, eff. October 4, 2006.
1VAC50-20-310. Referral to commission of town petition for order establishing annexation rights.
A. Any town unable to reach an agreement with its county as to future annexation rights may, pursuant to § 15.2-3234 of the Code of Virginia, adopt an ordinance petitioning the commission for an order establishing its rights to annex territory in such county. The petition to the commission shall include the terms of a proposed order establishing the town's annexation rights and shall indicate the name, title, telephone number, and email address of the individual who shall serve as the town's principal contact with the commission. Petitions to the commission pursuant to § 15.2-3234 of the Code of Virginia shall also be accompanied by a copy of the ordinance.
B. Any town petitioning the commission under the authority of § 15.2-3234 of the Code of Virginia may submit with the petition as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, the submissions should be fully responsive to all relevant elements of 1VAC50-20-616.
C. Any town petitioning for an order establishing its annexation rights under the authority of § 15.2-3234 of the Code of Virginia shall serve a copy of the petition and ordinance on the Commonwealth's attorney, or the county attorney if there is one, and on the chair of the board of supervisors of the county whose territory would be affected by the town's proposed annexation order. The service must include contact information for the commission's staff with instructions to contact the commission for copies of additional documents and exhibits submitted to the commission.
D. A county served with a copy of a town's petition pursuant to subsection C of this section shall file its response to such petition with the commission within 60 days after receipt of the service. Any other party with an interest in the proceedings may also submit materials to the commission for consideration with respect to the town's petition. The commission may establish a time by which all submissions by respondent parties must be received, so long as the time is no earlier than the county's response date. Responses and submissions to the commission pursuant to this chapter may include data, exhibits, documents, or other materials as the submitting party deems appropriate; however, such responses and submissions should be responsive to all relevant elements of 1VAC50-20-616. Any party submitting materials to the commission for review pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission and shall furnish the individual's name, title, telephone number, and email address. Any party submitting materials to the commission pursuant to this chapter shall also notify the town that they have submitted materials to the commission.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from VR445-01-02 § 3.14, eff. November 1, 1984; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-320. (Repealed.)
Historical Notes
Derived from VR445-01-02 §§ 3.15 to 3.17, eff. November 1, 1984; repealed, Virginia Register Volume 22, Issue 26, eff. October 4, 2006.
1VAC50-20-350. Referral to commission of boundary line adjustment.
A. Whenever a court refers a proposed boundary line adjustment to the commission pursuant to § 15.2-3109 of the Code of Virginia, the localities proposing the boundary line adjustment shall, upon receipt of notification of the referral, provide the commission with a copy of the petition to the court and shall designate an individual for each locality who shall serve as principal contact with the commission and shall furnish the individual's name, title, telephone number, and email address.
B. The two localities proposing a boundary line adjustment pursuant to § 15.2-3109 of the Code of Virginia may, jointly or independently, submit to the commission with the petition as much data, exhibits, documents, or other supporting materials as the localities deem appropriate; however, such submissions should be fully responsive to all relevant elements of 1VAC50-20-600.
C. Any person or local government may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as the person or local government deems appropriate; however, such submissions should be responsive to all relevant elements of 1VAC50-20-600. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of the commission's review and shall furnish the individual's name, title, telephone number, and email address. The commission may establish a time by which all submissions by respondent parties must be received. Any party submitting materials to the commission pursuant to this chapter shall also notify the localities proposing the boundary line adjustment that the party has submitted evidence to the commission.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from VR445-01-02 § 3.18, eff. November 1, 1984; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-360. (Repealed.)
Historical Notes
Derived from VR445-01-02 §§ 3.19 to 3.21, eff. November 1, 1984; repealed, Virginia Register Volume 22, Issue 26, eff. October 4, 2006.
1VAC50-20-382. Referral to commission of proposed economic growth-sharing agreements.
A. Referral of a proposed economic growth-sharing agreement to the commission under the provisions of § 15.2-1301 of the Code of Virginia shall be accompanied by resolution, joint or separate, of the governing bodies of the localities that are parties to the proposed agreement requesting the commission to review the agreement. The resolutions shall also state the intention of the governing bodies to adopt the agreement subsequent to the commission's review and shall indicate the name, title, telephone number, and email address of the individual who shall serve as each locality's principal contact with the commission during the period of the commission's review.
B. Any party referring a proposed economic growth-sharing agreement to the commission for review pursuant to § 15.2-1301 of the Code of Virginia may submit with the proposed agreement as much data, exhibits, documents, or other supporting materials as deemed appropriate; however, the submissions should be fully responsive to all relevant elements of 1VAC50-20-612.
C. Whenever a proposed economic growth-sharing agreement is referred to the commission for review pursuant to subsection A of this section, the parties to the proposed agreement shall concurrently give notice of the referral to each Virginia local government with which any of the parties shares any function, revenue, or tax source. All notices of referral shall include contact information for the commission's staff with instructions to contact the commission for copies of the additional documents and exhibits submitted to the commission.
D. Any local government receiving notice of referral pursuant to subsection C of this section or any other party may submit data, exhibits, documents, or other supporting materials relevant to the commission's review as it deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-612. Any party submitting materials to the commission pursuant to this chapter shall also designate an individual who shall serve as principal contact with the commission during the period of the commission's review and shall furnish the individual's name, title, telephone number, and email address. Any party submitting materials to the commission pursuant to this chapter shall notify the parties to the economic growth-sharing agreement that they have submitted materials to the commission. The commission may establish a time by which all submissions by respondent parties must be received.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; amended, Virginia Register Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-384. Determination of continued eligibility for city status.
A. The commission shall review each decennial census of population released by the United States Bureau of the Census to determine whether any city has failed to meet the criteria for city status established by Article VII, Section 1 of the Constitution of Virginia. In any instance where the census indicates that a city may not meet the constitutional criteria, the commission shall conduct an investigation of the city's population, assets, liabilities, rights, and obligations and shall certify its findings to the governing body of such city.
B. In the conduct of its investigation, the commission shall request the assistance of the city in the provision of relevant data and information. The city may submit as much data, exhibits, documents, or other material as it deems appropriate; however, the submissions should be responsive to all relevant elements of 1VAC50-20-614.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; amended, Virginia Register Volume 35, Issue 1, eff. October 18, 2018.
1VAC50-20-390. General provisions applicable to mandatory commission reviews.
A. Any local government or other party appearing before the commission relative to any mandatory review may be represented by counsel.
B. The commission shall generally schedule for consideration issues in the order in which received; however, the commission reserves the right to consider issues in other sequence where it deems appropriate. Where notices are received of related or competitive actions affecting the same localities, the commission may, where appropriate, consider the issues and render the reports or a consolidated report concurrently.
C. Subsequent to its receipt of an issue for a mandatory review, the commission or the commission's staff shall meet, or otherwise converse, with representatives of the principally affected parties for purposes of establishing a schedule for its review of the issue. The schedule shall include dates for (i) the submission of responsive materials from affected jurisdictions, (ii) tours of affected areas and oral presentations if any are desired by the commission, (iii) a public hearing, and (iv) the issuance of the commission's report, as well as other dates the commission deems appropriate.
D. The commission may continue or defer its proceedings with respect to an issue at any time it deems appropriate; however, no continuance or deferral shall result in an extension of the commission's reporting deadline beyond any time limit imposed by law, except by agreement of the parties or in accordance with other statutory procedures. The commission shall also accept requests for continuances or deferrals from any party at any time during its proceedings but shall not grant or deny any such requests until all parties have had an opportunity to comment on the requests. In any instance where the commission grants a continuance or a deferral, the continuance or deferral may be conditioned upon an appropriate extension of the commission's reporting deadline with respect to the issue under review.
E. The commission may confront the necessity of continuing or deferring its proceedings as a result of statutory requirement or court order. In such instances, the commission shall reschedule its proceedings, upon consultation with the parties, in a manner that permits an expeditious conclusion of its review. The parties should anticipate, however, that the duration of the continuance or stay shall result in a commensurate delay in the issuance of the commission's report.
F. In addition to any meeting, presentation, public hearing, or other gathering of the parties specified by this chapter, the commission may, where it deems necessary for an analysis of material or for a discussion or clarification of the issues before it, schedule other meetings of appropriate parties.
G. No party to a proceeding before the commission for mandatory review shall communicate in any manner with any member of the commission with respect to the merits of the issue under review except as is authorized by this chapter or as may be otherwise authorized by the commission or its chair.
H. In addition to the submissions authorized by 1VAC50-20-180 through 1VAC50-20-384, the commission may allow supplemental submissions deemed necessary or appropriate by the commission for the provision of current and complete data. Where supplemental submissions are authorized pursuant to this subsection, copies of all submissions shall be provided by the submitting party to all principal parties. The commission shall endeavor to establish dates for the filing of all supplemental submissions that will allow an opportunity for review and critical analysis by other affected parties. However, the commission may accept supplemental submissions filed after any established dates if, in the commission's judgment, the submissions assist the commission in the discharge of its statutory responsibilities.
I. Any material submitted to the commission by the parties in conjunction with or relative to any notice filed pursuant to any mandatory review covered by 1VAC50-20-180 through 1VAC50-20-384, except materials presented in the context of negotiations or mediation of a confidential nature as authorized by law, shall be considered public documents and made available by the commission for review by any other interested party or by the public. Any interested party or member of the public may request copies of any such material from the commission or its staff in accordance with the Department of Housing and Community Development's Freedom of Information Act policies. In addition, the commission will post all public documents, as defined in this subsection, on its website.
J. Each document, exhibit, or other material submitted to the commission shall bear a title, the date of preparation, a detailed citation of the sources from which all data are obtained, and the name of the entity that submitted the document, exhibit, or other material. All material submitted to the commission by a local government shall be, as nearly as practicable, in the same form as the material would subsequently be submitted to the courts. The commission may refuse to accept for review and consideration any exhibit, document, or other material unless the person preparing it or a representative of the entity responsible for its submission is willing to appear before the commission for purposes of answering questions concerning the material.
K. Unless otherwise requested, wherever the regulations of the commission call for the projection of data, the projections should be made for a 10-year period. In each instance where projections are given, the method and bases of the projections should be indicated.
L. All data, exhibits, documents, or other material submitted to the commission on the initiative of a party or pursuant to a request from the commission shall be certified by the submitting party as to (i) source and (ii) the fact that the material is correct within the knowledge of the submitting party.
M. Any party filing notice or making submissions to the commission shall provide at least eight copies of all submissions, unless the commission agrees that a lesser number would be sufficient for its review and analysis. The commission may make provisions for the electronic filing of submissions, including facsimile.
N. At any time during the course of the commission's review of any issue, the commission's staff may solicit additional data, documents, records, or other materials from the parties as is deemed necessary for proper analysis of any issue. Where such materials are solicited from a party, the commission's staff, where practicable, shall make the request in writing, with copies of the request being provided to other principal parties. Copies of all materials submitted to the commission pursuant to this chapter shall concurrently be provided to each principal party or shall be made available to the parties in a manner acceptable to the commission.
O. The commission shall not be limited in its analysis of any issue to the materials submitted by the parties but shall undertake independent research as it deems appropriate in order to ensure a full and complete investigation of each issue.
P. The commission shall request all parties to cooperate fully in the development and timely sharing of data relative to the issue under review. The commission considers the cooperation among parties vital to the discharge of its responsibilities.
Q. The commission may allow the parties to correct the data, exhibits, documents, or other material submitted to the commission prior to the date established for the closing of the record pursuant to 1VAC50-20-640 B. Where corrections are authorized pursuant to this chapter, copies of all corrections shall be provided by the submitting party to all principal parties. If, in the commission's judgment, the corrections are of a substantive nature as to significantly alter the scope or character of the issue under review, the commission may delay its proceedings for an appropriate amount of time to provide an opportunity for other parties to respond to the corrected data, exhibits, documents, or other material.
R. Following the receipt of a notice, the commission may request the party initiating the proposed action to prepare and file testimony in support of the proposed action. The testimony of the party initiating the proposed action may refer to all data, exhibits, documents, or other material previously submitted to the commission or filed with the testimony. In all proceedings in which the initiating party files testimony, the affected party shall be permitted and may be requested by the commission to file, on or before a date established by the commission, testimony in response to the proposed action. The testimony of the affected party may refer to all data, exhibits, documents, or other material previously submitted to the commission or filed with the testimony. Any affected party that chooses not to file testimony by the date established by the commission may not thereafter present testimony except by permission of the commission, but may otherwise fully participate in the proceeding and engage only in cross-examination of the testimony of other parties. Failure to comply with the directions of the commission without good cause shown may result in rejection of the testimony by the commission. The commission may permit the parties to correct or supplement any prepared testimony before or during the oral presentations as called for in 1VAC50-20-620. Eight copies of prepared testimony shall be filed unless otherwise specified by the commission.
Statutory Authority
§ 15.2-2903 of the Code of Virginia.
Historical Notes
Derived from VR445-01-02 § 3.22, eff. November 1, 1984; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 1, eff. October 18, 2018; Volume 42, Issue 8, eff. December 31, 2025.
1VAC50-20-400. (Repealed.)
Historical Notes
Derived from VR445-01-02 §§ 3.23 to 3.36, eff. November 1, 1984; repealed, Virginia Register Volume 22, Issue 26, eff. October 4, 2006.