Why do we need a comp plan?

by Sharon Pierce

Status: Rappahannock County's current comprehensive plan was approved by the Board of Supervisors in September 2004. Click here to read the comprehensive plan.

Background: To many, Rappahannock County's comprehensive plan is an obscure document, which at best they may see mentioned in public announcements every five years or so or see quotes from it posted in the county library. But, what does it mean? Is it necessary? The legal framework for the comprehensive plan is in the Code of Virginia of 1950 (as amended) in Title 15.1-446.1:

"The local commission shall prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction…The comprehensive plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants."

Section 15.2-2284 of the code, dealing with "matters to be considered in drawing and applying zoning ordinances and districts," notes their relationship to the comprehensive plan:

"Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies."

After 1980, the state legislature required the adoption of a comprehensive plan before the adoption of a zoning ordinance. A comprehensive plan, in planning terms, is general in nature, whereas the zoning ordinances, which rest upon it, are specific. A comprehensive plan shows long-range recommendations for the general development of the area covered by the plan. It is, if you like, the skeleton upon which the flesh of the zoning ordinances rests.

Sperryville in the 1930s. From this view, the town has changed little since then. How does the comprehensive plan affect its future? [Photographer unknown.]

To be successfully defended if attacked legally, the zoning ordinances must be compatible with the comprehensive plan. Rappahannock County’s comprehensive plan clearly states on the very first page, "This document is the blueprint for all land use policy in Rappahannock County.…" A number of interesting cases have found their way to Virginia Supreme Court in recent years concerning disagreements with zoning decisions made by localities. Generally speaking, although Virginia is well known as a "property rights" state, if the standard of "reasonableness" and conformation between the comprehensive plan and zoning ordinances is met, the court has tended to support localities.

In one recent case, just decided in April 2002, residents of Fluvanna County sued to block the construction of a power plant in that county. They sought to overturn Fluvanna's comprehensive plan and all land-use decisions the county made after the plan had been approved in 2000. The suit was thrown out by the Circuit Court, and the Supreme Court declined to hear the appeals. Certainly, it is a reasonable conclusion that we should all pay close attention to what our comprehensive plan contains.

Our plan has four major parts:

A series of descriptive reports on the county's soils, topography, and other natural physical characteristics; its economy; and its demographics.
The county's goals, principles, and policies for future change, which are based on the reports.
A future land-use plan.
The measures for implementing the plan.

It is from the section "Goals, Principles and Policies" that the words so often cited in reference to Rappahannock County come:

"We the people of Rappahannock declare it to be a scenic county and all goals, principles and policies shall reflect and devolve from this fundamental recognition."

Grand words, but only as good as the policies that give life to the words.

When the Rappahannock County Planning Commission underwent its last series of public hearings during the previous five-year revision of the comprehensive plan, one common denominator surfaced repeatedly throughout all the public comments. It was, and I believe still is, a deep concern for protecting the beauty and unique status of our very special land, although residents may greatly disagree about the exact details of the protection.

It is only through unceasing vigilance that we can protect Rappahannock County, and the one essential cornerstone of our vigilance must be attention to our comprehensive plan. It is truly the foundation of our defense.

Sharon Pierce was on the Rappahannock County Planning Commission from 1989 to 1999, chaired the commission in 1998 and 1999, and was the first woman to serve in both capacities. She hopes she is only the first of many women to fill these positions.

Read more about Rappahannock's land use and planning:

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