Charles City County

The Charles City County Department of Planning and Zoning (zoning administration, Chesapeake Bay Preservation Area review) and the county Building Inspections office (building permits and inspections) together serve as the permitting authority for all parcels in the county. Charles City County has no incorporated towns or cities — every parcel is unincorporated. Charles City County comprises approximately 204 square miles of low-lying coastal-plain terrain on the north bank of the James River, with the Chickahominy River forming much of the northern boundary and the James River the southern boundary. The 2020 Census population was approximately 6,900, making it one of Virginia's smaller counties by population. The county is famously the location of several National Historic Landmark colonial-era plantations along the John Tyler Memorial Highway / Virginia Route 5, designated a Virginia Scenic Byway. The county has historic ties to the Pamunkey, Mattaponi, and Chickahominy tribes and is home to the Chickahominy Indian Tribe (federally recognized in 2018). For an ADU-style project, the typical sequence is: (a) zoning determination from Planning and Zoning, including Chesapeake Bay Preservation Area determination; (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. Most parcels are not served by public utilities and require well and septic approval through the Virginia Department of Health (Chickahominy Health District).

Process overview: Charles City County's ADU-style permitting process varies by project pathway: (1) Family/kinship dwelling — if the second dwelling is occupied by a family member of the primary-dwelling occupant, the zoning administrator may issue an administrative zoning approval, followed by a standard building permit; this is the fastest path, typically 4-8 weeks end-to-end. (2) Special Use Permit for a rental or non-kin second dwelling — application submitted with site plan, statement of use, and filing fee. The Planning Commission holds a public hearing (advertised per Va. Code § 15.2-2204) and makes a recommendation. The Board of Supervisors holds its own public hearing and votes. The entire SUP process typically takes 60-120 days. (3) Minor subdivision — the subdivision ordinance applies. (4) Chesapeake Bay Preservation Area review — Charles City County is fully within the Tidewater area covered by the Chesapeake Bay Preservation Act (Va. Code § 62.1-44.15:67 et seq., and 9 VAC 25-830 regulations). Resource Protection Areas (RPAs) — typically a 100-foot vegetated buffer landward of perennial streams, tidal shores, and connected wetlands — and Resource Management Areas (RMAs) covering the rest of the county materially constrain ADU siting; new construction in RPAs is generally prohibited absent an exception or variance, and RMA construction must comply with stormwater and impervious-cover limits. (5) Building permits require compliance with the Virginia Uniform Statewide Building Code. (6) Well and septic approval is administered by the Virginia Department of Health (Chickahominy Health District).

Impact fees: Virginia localities generally do not levy impact fees of the type used in California or Florida; Va. Code § 15.2-2317 et seq. road impact fees are restricted to specific high-growth counties and Charles City County is not on the eligible list. Cash proffers tied to rezoning applications are constrained by Va. Code § 15.2-2303.4 (2016). For an ADU built on an existing parcel without rezoning, the applicant pays building-permit fees, any SUP application fee if applicable, and state and local permit surcharges. (schedule)

Charles City County real property is assessed under the supervision of the Charles City County Commissioner of the Revenue, with periodic general reassessments conducted by county staff or by a contracted mass-appraisal firm. Tax administration is handled by the Commissioner of the Revenue's office; collection is handled by the Charles City County Treasurer. Virginia law requires general reassessment of real property at least once every four years for most counties (Va. Code § 58.1-3252). Virginia uses a fair-market-value assessment system. When an ADU is added to an existing parcel, the new structure is added to the assessment roll at its contributory fair market value as a supplemental assessment.

Assessment policy: Virginia is a fair-market-value assessment state; a new ADU is added to the assessment roll at its contributory fair market value as a supplemental assessment effective from completion (building permit final inspection) through the balance of the tax year. The primary dwelling's prior assessed value is not automatically reset by the addition of the ADU. At the next general reassessment, both structures are re-valued at current fair market value. Property-tax rates are set annually by the Charles City County Board of Supervisors. The county's tax base benefits significantly from large industrial assessed-value contributors (notably the Dominion Energy Charles City Power Station and various waste-management and resource-recovery facilities), which underwrite a relatively low residential rate.

Charles City County administers or is subject to several overlay regimes that materially affect ADU siting on parcels: (1) Chesapeake Bay Preservation Act — the county is fully within the Tidewater area covered by the CBPA (Va. Code § 62.1-44.15:67 et seq.) and applies Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) that materially constrain ADU siting near streams, wetlands, and tidal shores; (2) FEMA Special Flood Hazard Areas along the James River, the Chickahominy River, and various tidal and non-tidal tributaries — the county has substantial low-elevation tidal frontage subject to NFIP regulation; (3) Historic district and scenic byway considerations — Virginia Route 5 (John Tyler Memorial Highway) is a designated Virginia Scenic Byway, and the county hosts several National Historic Landmark plantations (Berkeley, Shirley, Westover, Sherwood Forest among others) plus the Charles City Court House Historic District; (4) Federally recognized tribal interests — the Chickahominy Indian Tribe (federally recognized 2018) has tribal lands and cultural-resources interests within and adjacent to the county; (5) Land use taxation (use-value assessment) under Va. Code § 58.1-3230 et seq. is widely used given the county's agricultural base; (6) Agricultural and Forestal Districts under Va. Code § 15.2-4300 et seq.; (7) the county does not have a separate Wetlands Board zoning regime under Va. Code § 28.2-1300 et seq. that some Tidewater localities have adopted, but tidal wetlands remain regulated at the state level by the Virginia Marine Resources Commission; (8) Virginia DEQ stormwater and erosion-and-sediment-control regulations apply.

• Chesapeake Bay Preservation Act — Resource Protection Areas and Resource Management Areas — Charles City County is fully within the Tidewater area covered by the Chesapeake Bay Preservation Act and has adopted CBPA implementing provisions in its zoning ordinance. Resource Protection Areas (RPAs) — typically a 100-foot vegetated buffer landward of perennial streams, tidal shores, and connected wetlands — generally prohibit new development absent an exception or variance. Resource Management Areas (RMAs) — covering the rest of the county outside RPAs — require compliance with stormwater management, impervious-cover limits, and erosion controls. ADU siting in Charles City County is materially constrained by RPA boundaries: a parcel with significant water frontage may have most of its developable area inside the RPA, leaving only a narrow buildable zone away from the water. RPA and RMA determinations are made by Planning and Zoning staff; an exception process is available in narrow circumstances. CBPA compliance is the single most important overlay constraint in this county.
• FEMA National Flood Insurance Program — Special Flood Hazard Areas (tidal and non-tidal) — Charles City County participates in the National Flood Insurance Program. Principal Special Flood Hazard Area (SFHA) extents in the county include extensive tidal and non-tidal frontage on the James River and the Chickahominy River, plus low-elevation tributary streams. Coastal A and V zones may apply on tidal frontage where wave action is significant. An ADU in an SFHA must comply with NFIP elevation requirements, flood vent requirements on enclosed areas below BFE, anchoring requirements, and post-construction Elevation Certificate filing. Sea-level rise considerations are increasingly relevant for long-term planning on tidal frontage.
• Virginia Route 5 / John Tyler Memorial Highway — Virginia Scenic Byway and historic plantation corridor — Virginia State Route 5 (John Tyler Memorial Highway) traverses the entire length of Charles City County between Richmond and Williamsburg and is designated a Virginia Scenic Byway. The corridor is lined by several National Historic Landmark plantations including Berkeley Plantation (birthplace of Benjamin Harrison and William Henry Harrison), Shirley Plantation (the oldest family-owned business in North America), Westover Plantation, and Sherwood Forest Plantation (home of President John Tyler). The county's zoning treatment along the corridor reflects the historic and scenic significance, with limited commercial development and design considerations encouraged. ADU projects on parcels visible from Route 5 may face additional review for scenic-corridor impact, though no formal historic-district zoning overlay applies countywide.
• Land use taxation (use-value assessment) and roll-back tax — Charles City County participates in Virginia's land-use taxation program. Many large agricultural and forestal parcels are enrolled. Building a non-agricultural ADU on an enrolled parcel triggers conversion of the affected acreage to fair-market-value assessment plus a five-year roll-back tax under Va. Code § 58.1-3237. ADU planning on land-use parcels must include a roll-back tax calculation.
• Virginia Stormwater Management Program (VSMP) and Erosion & Sediment Control — Land-disturbing activity exceeding state-defined thresholds requires a VSMP permit and an ESC plan. Single-family residential exemptions apply in some cases. Charles City County is the local administering authority. CBPA compliance overlaps with VSMP and ESC requirements.
• Tidal wetlands — Virginia Marine Resources Commission jurisdiction — Tidal wetlands in Charles City County are subject to state-level regulation by the Virginia Marine Resources Commission (VMRC). The county has not, as of 2026-04-27, established a local Wetlands Board to assume primary jurisdiction (as some Tidewater localities have done), so VMRC retains primary regulatory authority over tidal wetlands. Any ADU project that would impact tidal wetlands or require dredge-and-fill activity in tidal waters requires VMRC permitting in addition to county and federal Clean Water Act § 404 review.
• Federally recognized tribal interests — Chickahominy Indian Tribe — The Chickahominy Indian Tribe achieved federal recognition in 2018 (along with five other Virginia tribes via the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act). Tribal interests in cultural resources, ancestral land, and tribal-trust lands are increasingly relevant to land-use decisions in the historical Chickahominy territory, which includes substantial portions of Charles City County. ADU projects involving land-disturbing activity on parcels with potential cultural-resources significance may require coordination with the tribal historic preservation office, particularly when federal funding or federal permits are involved (triggering NHPA § 106 review).