Cousins proposes House bill to modify Virginia’s local impact fee regulations on housing

A new measure from State Del. Rae Cousins proposes changes to impact fee laws on residential development, setting out clearer guidelines on how Virginia local governments can allocate resulting funds, the Virginia State House reports.

The legislation, identified as HB1430, was filed Jan. 22, 2026, during the 2026 regular session, with an official summary stating: “Residential development; authorizes any locality to impose impact fees.”

Below is a summary and analysis based on the official bill language, providing clarification on its contents.

This proposal updates where and when Virginia municipalities may collect impact fees on residential building and specifies permitted revenue uses. The measure restricts these powers in jurisdictions with urban transportation service areas, limiting imposition to land outside those areas and agricultural tracts being subdivided as a matter of right. The previous deadline of Dec. 31, 2008, for enacting an impact fee ordinance and creating a service territory is eliminated. Fees must now relate to public capital project costs contained in a locality’s official plan, dedicated solely to public facilities serving housing, include adjustments for any cash and in-kind proffers, and establish criteria for eligible public facilities—with more limited categories for Richmond metro region counties.

Rep. Rae Cousins (Democrat-79th District) was the bill’s sole sponsor.

Cousins has also filed 19 additional pieces of legislation since this session began.

Cousins received a bachelor’s degree from the College of William and Mary in 2001, followed by a law degree (JD) from Howard University School of Law in 2010.

Elected in 2024, Cousins, a Democrat, filled the seat for Virginia’s 79th House district, taking over for Nadarius Clark, the district’s prior representative.

Virginian legislation begins when lawmakers present a bill to either the House of Delegates or the Senate. After introduction, it is reviewed by committees, with possible amendments. Measures advancing from committee receive full chamber discussion and votes in both houses. If both pass the legislation, it goes to the governor, who can enact, veto, or let the legislation become law without signature. Each year, the Virginia General Assembly assembles on the second Monday in January, processing hundreds of measures each session; only some are enacted into law.

The material in this article was sourced from the Virginia State House and the original data set can be accessed here.