The administrative divisions of Virginia are the areas into which the Commonwealth of Virginia, a U.S. state, is divided for political and administrative purposes. Some are local governments; others are not. However, all local governments (counties, independent cities, and incorporated towns) are political subdivisions of the state.
According to the 2022 Census of Governments, Virginia ranked 44th among the 50 states with the lowest number of local governments, with 522 total combined local government entities.
Counties
Virginia has 95 counties, covering all of the territory not within the independent cities. Under Virginia law, counties may be chartered, although most are not.Total charter counties by state, from Ballotpedia Their populations vary widely; in 2022 estimated populations ranged from 2,301 for Highland County to 1,138,331 for Fairfax County.
Since Virginia has no civil townships, and since incorporated towns cover such a small area of the state, the county is the de facto local government for much of the state, from rural areas to densely populated unincorporated communities such as Tysons Corner. In fact, Arlington County, while geographically small and entirely urbanized, is completely unincorporated, making the county board the sole governing body in the entire county.
Cities and towns
Independent cities
Since 1871, all incorporated cities in Virginia have classified as independent cities. This is the most noteworthy aspect of Virginia local government relative to the other 49 states. Of the 41 independent cities in the United States, 38 are in Virginia. The three that are not in Virginia are Baltimore, Maryland; St. Louis, Missouri; and Carson City, Nevada. Some other states have consolidated city-counties, which differ from independent cities in that in a consolidated city-county, the county still exists at least in name, whereas in an independent city, it does not.Cities 101 -- Consolidations, from National League of Cities Cities in Virginia are thus similar to unitary authorities in some countries. The United States Census Bureau treats all cities in Virginia as county-equivalents.
Other municipalities, even though they may be more populous than some existing independent cities, are incorporated as "towns", and as such form part of a county. Eight independent cities had 2010 populations of less than 10,000 with the smallest, Norton, having a population of only 3958. On the other hand, six towns had populations of over 10,000.
An independent city in Virginia may serve as the county seat of an adjacent county, even though the city by definition is not part of that county. An example is Fairfax, which is an independent city as well as the seat of Fairfax County.
A city can be formed from any area with a defined boundary having a population of 5,000 or more. Cities have been formed in the following ways: An area within a county, which may or may not have been a town previously, incorporates as a city and thus becomes independent. Examples are Falls Church, which separated from Fairfax County, and Virginia Beach, which separated from (and later merged with) Princess Anne County. A county is converted into a city. An example was the former city of Nansemond, which later merged with Suffolk. Various local governments consolidate to form a city. An example is Chesapeake, formed from the merger of the independent city of South Norfolk and Norfolk County.
Where the residents of an area of sufficient size wish to incorporate as a city, they must petition the Virginia state legislature to grant them a municipal charter.
Second class cities Virginia's independent cities were classified by the Virginia General Assembly in 1871 as cities of the first class and cities of the second class. The Virginia Constitution of 1902 defined first-class cities as those having a population of 10,000 or more based upon the last census enumeration, while second-class cities were those that had a population of fewer than 10,000. Cities which previously had been granted a city charter, but did not have the requisite population, had their status grandfathered in. Second-class cities did not have a court of record and were required to share the cost of that court with their adjacent county and also shared the cost for three constitutional officers of that court — generally, the clerk, commonwealth's attorney and sheriff — and those shared officers stood for election in both the city and the county. At least two constitutional officers — treasurer and commissioner of the revenue — were required to be elected solely by the residents of the city. The distinction between first- and second-class cities was ended with the Virginia Constitution of 1971. But cities that were classified as second-class cities at the time of the adoption of the 1971 Virginia Constitution were authorized to continue sharing their court system and three constitutional officers with the adjacent county. Fourteen of Virginia's independent cities retained these features.
Towns
Unlike Virginia's cities, and like municipalities in most other states, incorporated towns are municipalities that are within counties. Local government is thus divided between the town and the county. A town can be formed from any area with a defined boundary having a population of 1,000 or more. The method for forming towns is the same as for cities, petitioning the state legislature to grant a charter. As of 2014, there are 191 incorporated towns in Virginia.
Virginia also has unincorporated communities which are also called towns colloquially.
Powers of municipalities Local government in Virginia is subject to Dillon's Rule, which holds that cities and towns only have those powers expressly granted to them by Virginia or federal law, any power implied by those express powers, and those powers essential to the municipality's existence.
Under Virginia law, a municipality, whether a city or a town, must have a municipal charter; that is, there are no general-law municipalities.General Law Local Governments, from Ballotpedia The charter is a form of contract, and the municipality has no power to act outside of its charter. With few exceptions, a municipality's powers are narrowly construed.
Typically, the powers extended to Virginia municipalities usually include the following:
Exercising the general police power to enact and enforce rules and regulations to promote the health, safety, morals, or welfare of its citizens, provided that such rules may not be arbitrary, discriminatory, or unreasonable. Imposing taxes on its residents, usually in the form of a local property tax or sales tax. Borrowing money and issuing tax-exempt bonds, with the caveat that bonds generally may not be issued unless they have been authorized by either a ballot vote or a special hearing, and only for the purpose of making capital expenditures. Acquiring, possessing, and expending the revenue acquired through the above means. Hiring and firing personnel. Entering into contracts for the fulfillment of other functions within its powers. However, a contract between a municipality and another party to do something outside of its charter is ultra vires, and therefore unenforceable as a nullity. Acquiring, possessing, and disposing of real property, including through the exercise of the power of eminent domain. Acquiring, possessing, and disposing of personal property. Initiating lawsuits.
State law prohibits municipalities from having an amount of outstanding debt greater than 10% of the value of the taxable real estate within that municipality, with a few exceptions made for certain kinds of bonds, particularly those used to fund projects expected to make enough money to repay the bonds within a set time frame. Municipalities are also prohibited from enacting income taxes, but they may impose licensing fees on specific occupations, and the Virginia Supreme Court has held that such licensing fees can be adjusted upwards or downwards to reflect the level of income of a particular business.
Both cities and towns in Virginia have certain functions that are considered "public" functions - such as having police apprehend criminals, or educating children - and others that are considered "private" functions - such as holding a town fair or landscaping around sidewalks on private land. The legal significance of this distinction lies in the liability of the municipality to be sued by someone injured by its employees.
Ordinances One of the powers granted by the state to political subdivisions is the power to enact local regulations regarding matters covered by the local charter, called ordinances. In order to pass an ordinance, a locality must provide published notice of the proposed ordinance prior to its enactment, including the text of the ordinance or a reasonable summary thereof, and particularly directed to the attention of residents likely to be affected by it and advising such residents of their ability to object to the proposal. The ordinance must be debated in a public meeting and passed by a majority vote of the governing body of that subdivision.
Some limitations exist on the power to enact ordinances. The Supreme Court of the United States has held that the United States Constitution requires that laws, including municipal ordinances, may not be arbitrary or discriminatory, and may not be unreasonably vague, so that a resident may be reasonably certain that their conduct conforms to the law. Furthermore, local governments cannot delegate the power to enact ordinances to other bodies. However, they may establish fixed and certain standards for carrying out certain activities (such as home building or operating restaurants), and then delegate to subordinate bodies the power to make rules governing how residents can demonstrate compliance with these standards.
A resident who wishes to challenge the validity of an ordinance need not wait until it has been enforced against them (although it may be challenged at that time). Instead, a resident may bring an action for a declaratory judgment alleging that the ordinance is void because it was not properly noticed, goes beyond the county charter, is arbitrary, discriminatory, or unreasonably vague, or that it is preempted by state or federal law. An ordinance will be deemed preempted if it addresses an activity for which the state has prohibited local regulation altogether, or where it is inconsistent with state law. An ordinance may not permit an activity that is expressly prohibited by state law or prohibits an activity that is expressly permitted by state law. However, if some state regulation exists as to an activity, political subdivisions may impose further regulations on that activity so long as it is possible for a resident to comply with both sets of regulations.
Zoning