Rocky Gap

Bland County, a small rural mountain county in southwestern Virginia along the West Virginia border, regulates accessory dwelling units through its County Code zoning ordinance, administered by the Bland County Department of Planning and Zoning under the authority of the Bland County Board of Supervisors. Virginia is a Dillon Rule state and the General Assembly has not enacted any statewide ADU preemption; Bland County's authority to regulate or prohibit ADUs derives solely from the general zoning enabling statute at Va. Code § 15.2-2280 and the ordinance-content provisions of § 15.2-2286. Bland County is one of Virginia's smallest counties by population (2020 Census population approximately 6,300) and operates a comparatively limited zoning ordinance reflecting its rural-agricultural and mountain-forest character. The county zoning ordinance establishes a small set of use districts (Agricultural, Residential, Commercial, and Conservation, plus overlay districts for floodplains). A second dwelling on a single residential parcel may be pursued through (a) family/kinship-dwelling provisions where the second dwelling is occupied by a family member, (b) a discretionary Special Use Permit approved by the Board of Supervisors following Planning Commission recommendation, or (c) minor subdivision creating a separate buildable lot. The county does not have a standalone ministerial ADU ordinance. Bland County has no incorporated towns or cities; the unincorporated communities of Bland (the county seat), Bastian, Rocky Gap, and Hollybrook are the principal populated places. The county lies along the Bland Valley between East River Mountain (West Virginia border) and Walker Mountain.

• Bland County Code — Zoning Ordinance
• Bland County Department of Planning and Zoning
• Bland County Board of Supervisors — adopting body for zoning ordinance amendments and Special Use Permits
• Bland County Planning Commission

State-floor overlay: Virginia has not enacted any statewide ADU preemption statute. Virginia is a Dillon Rule state (see Commonwealth v. County Bd. of Arlington County, 217 Va. 558 (1977)); localities have only those powers expressly granted by the General Assembly. The general zoning enabling statute at Va. Code § 15.2-2280 grants counties broad authority to regulate land use, and § 15.2-2286 enumerates the specific ordinance provisions that may be included. Neither statute mandates that a locality permit ADUs, requires ministerial review, caps parking, caps fees, or voids owner-occupancy requirements. Bland County is therefore free to permit, restrict, or prohibit second dwellings under its zoning ordinance.

Bland County administers or is subject to several overlay regimes that materially affect ADU siting on parcels: (1) Jefferson National Forest adjacency — substantial portions of the county lie within or adjacent to the Jefferson National Forest, including the Big Walker Mountain area; (2) Appalachian Trail corridor — the AT crosses Bland County and a National Park Service-administered AT corridor easement applies to a strip of land along the Trail; ADU projects within or near the AT corridor require coordination with the National Park Service and the Appalachian Trail Conservancy; (3) FEMA Special Flood Hazard Areas along Wolf Creek (the principal stream draining the Bland Valley northward to the New River), Walker Creek, and tributaries; (4) Karst topography in portions of the limestone valleys; (5) Steep-slope considerations — the county is mountainous (elevations from approximately 2,000 feet at valley floor to over 4,400 feet on East River Mountain ridge); (6) Wildfire risk in heavily forested mountain areas; (7) Chesapeake Bay Preservation Act applicability — Bland County is NOT in the Tidewater area, so RPAs and RMAs do not apply; (8) New River drainage — Bland County drains north to the New River, an ancient and unusually-protected river system that flows north through Virginia and West Virginia; environmental considerations apply to certain tributary streams.

• Jefferson National Forest adjacency — Substantial portions of Bland County lie within or adjacent to the Jefferson National Forest. Federal regulation applies to activities within the federal boundary, not to private parcels outside it. However, parcels adjacent to or surrounded by Forest Service land face access easement, scenic-corridor, and federal-cooperation considerations. Inholdings and forest-adjacent parcels are common in Bland.
• Appalachian Trail corridor — The Appalachian National Scenic Trail crosses Bland County, traversing Walker Mountain and other ridges. The National Park Service administers a corridor easement along the AT to preserve trail integrity and the trail viewshed. Private parcels within or immediately adjacent to the AT corridor face restrictions on visibility-impacting structures and may be subject to scenic easements held by the NPS or Appalachian Trail Conservancy. ADU projects on parcels visible from the AT or near AT crossings should include early consultation with the NPS Appalachian Trail Park Office.
• FEMA National Flood Insurance Program — Special Flood Hazard Areas — Bland County participates in the National Flood Insurance Program. Principal Special Flood Hazard Area extents in the county are along Wolf Creek, Walker Creek, and various tributary streams. An ADU in an SFHA must comply with NFIP elevation requirements and post-construction Elevation Certificate filing.
• Karst topography — well and septic siting constraints — Portions of Bland County lie in limestone valley terrain with karst features (sinkholes, sinking creeks, springs). Karst hydrology poses elevated cross-contamination risk between septic drainfields and groundwater wells. The Virginia Department of Health (Mount Rogers Health District) requires more rigorous evaluation of septic siting in karst areas.
• Virginia Department of Forestry wildfire risk — Bland County's mountainous, heavily forested terrain — particularly along the East River Mountain ridge and the Walker Mountain corridor — has elevated wildfire exposure. Virginia does not have a California-style WUI overlay; the Virginia Department of Forestry promotes defensible-space practices on an advisory basis.
• Virginia Agricultural and Forestal Districts (local option under state law) — Bland County may have established Agricultural and Forestal Districts under the state AFD Act. Enrollment is voluntary; participating landowners commit to keeping land in agricultural or forestal use in exchange for use-value assessment and limited protection from certain governmental actions.

Bland County's permitting authority is administered through the county government — Planning and Zoning is integrated with the County Administrator's office given the small size of the county. Bland County has no incorporated towns or cities; every parcel in the county is unincorporated and subject solely to county jurisdiction. Bland County comprises approximately 359 square miles of mountainous and forested terrain in southwestern Virginia. The county is bisected east-west by Interstate 77 (Big Walker Mountain Tunnel) and US Route 52, with the population concentrated in the Bland Valley between East River Mountain on the north (the West Virginia border ridge) and Walker Mountain on the south. Substantial portions of the county lie within or adjacent to the Jefferson National Forest. The county is part of the Mount Rogers National Recreation Area's broader region and of the Appalachian Trail corridor (the AT crosses Bland County). For an ADU-style project, the typical sequence is: (a) zoning determination from county planning/zoning staff; (b) if a Special Use Permit is required, application to Planning Commission and Board of Supervisors; (c) building permit application to the county building official under the Virginia Uniform Statewide Building Code; (d) inspections through construction; (e) certificate of occupancy. Essentially all parcels are not served by public utilities and require well and septic approval through the Virginia Department of Health.