Substantive changes Likely

When NVAR members post signs in the ground, they will have to think twice about whether that location is legally permitted. Sign laws are about to change, thanks largely to a 2015 Supreme Court decision. In fact, several Northern Virginia jurisdictions have already begun or completed the process of updating local ordinances to comply with the ruling in Reed v. Town of Gilbert, Arizona (Reed).

This ruling requires all sign ordinances to remain “content-neutral” as applied to commercial and noncommercial signs. Essentially, localities may no longer regulate “real estate signs” differently than political signs or other temporary signage.

While the majority of ordinance amendments that are needed to implement the Reed ruling are technical in nature, many localities are likely to conduct a comprehensive review of sign laws and also propose substantive policy changes.

Earlier this year, the City of Alexandria passed sign ordinance amendments impacting on-site (private property) and off-site (public ways) temporary signs. NVAR members and staff lobbied to protect the ability of Realtors® to post signs in Alexandria. While the City reaffirmed the federal prohibition on signs illegally placed in the median and increased penalties for violations, it also expanded the allowable size limitations on for-sale signs. The new ordinance allows one sign or combination of signs totaling no more than seven square feet on any property for sale or rent (up from four square feet) to accommodate industry standards and required riders.

NVAR lobbyists worked with Fairfax County on an agreement several years ago to protect the use of real estate directional and other event signs on street corners from Friday to Monday. If Realtors® don’t comply with the current ordinance and remove directional signs by Monday afternoon, there is a chance the agreement will be eliminated.

NVAR staff continues to review proposed ordinance changes and will work with local governments during the comprehensive review process. Visit go.nvar.com/signs for a summary of relevant Virginia code and local ordinances.  

Josh Veverka is the NVAR government affairs director.