Albemarle County prepares for new legislation including new biosolids testing requirements

The Virginia General Assembly was busy this year and adopted many directives that require localities across the Commonwealth to modify their zoning codes for items related to affordable housing, solar facilities, off-street parking requirements, as well as a few others.

On June 15, 2026, the Albemarle Board of Supervisors adopted a procedural step known as a resolution of intent to amend county code to reflect the changes. (read the staff report)

That did not include HB1072 which allows localities to require testing of sewage sludge for perfluoroalkyl and polyfluoroalkyl substances. These are the forever chemicals otherwise known as PFAS.

White Hall District Supervisor Ann Mallek said many have been asking for increased scrutiny on the use of biosolids for agricultural purposes. The Virginia Department of Environmental Quality regulates the process and local oversight has been limited. (read the state code)

“We have a new group of people, there have been different groups of people coming forward to try to figure out how Albemarle can do as many other counties have to get better records and better process to protect the farmers as well as the neighbors as well as the water quality,” Mallek said.

Mallek wanted to know why HB1072 was not on the list and what would be the timeline for a new ordinance.

Deputy County Executive Ann Wall said the General Assembly required the other changes whereas additional testing on biosolids is optional. She said the Board will see a work plan in July that will provide more information.

“The crafting of an ordinance is probably not the difficult part of HB1072,” Wall said. “The difficulty related to HB1072 is determining who are the appropriate testing companies and how it is that if the board chose to move forward with the opportunity to test how it is that we would procure those services.”

Mallek suggested that the county reach out to the Rivanna Water and Sewer Authority which has been testing wastewater. She also pointed out that the group Don’t Spread On Me is campaigning for an ordinance that would take advantage of all powers localities have to regulate the practice.

On May 11, 2026, a coalition of groups including Don’t Spread On Me sent a letter to the Board of Supervisors with more information about what the ordinance would do including introducing a fee structure to pay for testing.

“At least 25 of Virginia’s 73 counties have adopted Biosolids ordinances,” reads the letter. “Ordinance provisions and regulations vary from county to county. For Albemarle County, we would recommend using Rappahannock County’s ordinance as a model. Their ordinance was developed through a robust stakeholder process and reflects a variety of viewpoints on biosolid land application.”

One of the groups that signed the letter is the League of Women Voters of Central Virginia. They will be hosting an online webinar tonight at 7 p.m. called “Risks of Using Sewage Sludge as Fertilizer: Changing Policy and Practice.”

Supervisors approved several resolutions of intent to amend the zoning code as part of the consent agenda. These are:

• HB711 and SB347 restricts the ability to use local zoning to regulate ground-mounted solar arrays and requires localities create a local ordinance to govern their installation.
• HB888 restricts the ability of localities to require off-street parking as a condition of zoning approval.
• HB891 / SB443 establishes battery energy storage as an accessory use on any parcel of land approved for a solar field through the special exception process.
• HB 655 / SB346 allows manufactured homes to be installed on agricultural land and not restricted by zoning, though this does not have anything to do with density.
• HB1463 allows placement of new manufactured homes on properties considered to be nonconforming mobile home parks.
• HB876 would require localities to include provisions for temporary wireless structures that could be allowed for up to two and a half years.
• HB1279 would require localities to allow residential development of up to 20 units per acre on land owned by religious organizations and certain nonprofit groups. No special use permits, no special exceptions, no rezonings, discretionary review, or any other approval process.

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