What is the legal basis for establishing setback requirements in land use law?
The legal basis for establishing setback requirements in land use law in Virginia is the Virginia Land Use Law of 1967. This law provides the necessary tools to local governments to control the development of land within their jurisdiction. Under the law, setbacks are defined as certain distances a structure or land-disturbing activity must be located from a property line or other public or private boundaries. Setbacks are necessary for safety and health reasons, such as to protect public roads from being blocked by structures, or to provide a buffer area between a potentially hazardous activity and a residential neighborhood. Setbacks can also help ensure that structures are constructed in an aesthetically pleasing manner, with adequate open space. Virginia Land Use Law also imposes other regulations in addition to setbacks, such as ensuring that developed land is served by adequate public facilities and infrastructure, that it is designed in a way that natural resources are conserved, and that it does not adversely affect adjacent properties. Local governments use these provisions, and setback requirements, to protect the health, safety, and welfare of their citizens.
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