Virginia Gov. Abigail Spanberger (D) signed legislation Thursday clearing the way for churches and other tax-exempt nonprofits to develop affordable housing on their property without the hurdle of local zoning changes. The law, effective Jan. 1, 2027, and set to expire four years later unless reauthorized, is the culmination of the “Yes in God’s Backyard” movement that has sought to unlock church-owned land to address a statewide housing shortage of more than 300,000 units.
Housing advocates and faith leaders say the measure eliminates one of the biggest obstacles — the lengthy rezoning process — that has stymied similar projects in expensive communities like Arlington County.
Under the law, eligible faith-based organizations that have owned the property for at least five years can pursue development by right, provided at least 60% of the housing is affordable to households earning up to 80% of the area median income. Projects must be within 500 feet of existing public water and sewer lines and remain subject to local environmental, historic, and archaeological rules.
The legislation, Senate Bill 388 sponsored by state Sen. Jeremy McPike (D-29) and House Bill 1279 sponsored by Del. Joshua Cole (D-65), was shaped in part by an amendment from Spanberger that changed the maximum building height. Instead of using the tallest building within a 500-foot radius, the height is now pegged to the tallest one not approved with a special exception.
“What that means is in places like Northern Virginia and some parts of Richmond, a lot of the significant building has been approved through a special exemption process,” said Jessica Sarriot, co-executive director of Virginians Organized for Interfaith Community Engagement, the coalition that spearheaded the push. “So that does unfortunately lead to some ambiguity, or it’s just harder to then know what you’re able to build.”
A second amendment encourages localities to consider higher minimum densities in transit-oriented areas. Sarriot said VOICE hopes communities will incorporate that flexibility when they draft local ordinances required by the law.
Arlington County Board Member J.D. Spain, who advocated for the bill, said the end result wasn’t perfect but helps unlock unused land for attainable housing. “It removes, I think, one of the biggest barriers, which is the zoning delays,” he said.
The Rev. Alice Tewell of Clarendon Presbyterian Church, which previously faced challenges trying to develop affordable senior housing, said the bill follows in the footsteps of other Arlington congregations that have already built affordable units.
“We heard from a broad coalition of school teachers, law enforcement, sanitary workers, retired people, families and young professionals seeking more housing affordability,” Tewell said. “We heard from clergy and faith leaders of virtually every Christian, Muslim and Judaic tradition speaking up that their faith calls them to help to build housing.”
Spain said county staff are analyzing the law to determine how it will be implemented locally, adding that community input will remain part of the planning process even without a rezoning step. He urged residents to “have an open mind about this law” and to voice any concerns.
Looking forward, Sarriot said VOICE will continue to push for local ordinances that strengthen affordability and ensure church leaders understand the new law. Tewell said her congregation has not yet decided whether to revive its own development proposal, but she called on state and local officials to invest more money in building homes for the public good.