Charles City

Charles City County is one of Virginia's eight original shires established in 1634 and is a true county (not an independent city, despite the name 'Charles City' which refers to the unincorporated community that serves as the county seat). It is a small rural county on the north bank of the James River between Richmond (west) and Williamsburg (east), and is part of the historic Tidewater Virginia Plantation country with several National Historic Landmark plantations along Virginia State Route 5 (including Berkeley, Shirley, Westover, and Sherwood Forest plantations). Charles City County regulates accessory dwelling units through its County Code zoning ordinance, administered by the Charles City County Department of Planning and Zoning under the authority of the Charles City County Board of Supervisors. Virginia is a Dillon Rule state and the General Assembly has not enacted any statewide ADU preemption; Charles City 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. The county zoning ordinance establishes use districts (Agricultural A-1 / A-2, Residential R-1 / R-2, Commercial B-1, Industrial M-1, and overlay districts including Resource Protection Areas under the Chesapeake Bay Preservation Act). A second dwelling on a single residential parcel is not a permitted-by-right use in the standard residential districts; ADU-style second dwellings are typically 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. Charles City County has no incorporated towns or cities; every parcel is unincorporated and subject solely to county jurisdiction.

• Charles City County Code — Zoning Ordinance
• Charles City County Department of Planning and Zoning
• Charles City County Board of Supervisors — adopting body for zoning ordinance amendments and Special Use Permits
• Charles City 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. Charles City County is therefore free to permit, restrict, or prohibit second dwellings under its zoning ordinance.

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).

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).