Severability Clause for Arlington City Bylaws

General Governance and Administration Virginia 3 Minutes Read ยท published February 10, 2026 Flag of Virginia

In Arlington, Virginia, severability clauses help local lawmakers and courts preserve valid provisions of a bylaw when part of the law is found invalid or unenforceable. This guide explains what a severability clause is, how it interacts with Arlington ordinances, typical enforcement effects, and practical steps for officials, attorneys, and residents who encounter disputes about invalid provisions. It points to the countys official code and enforcement contacts for further action.

A severability clause does not automatically save an unlawful provision; courts assess severability case by case.

What a Severability Clause Does

A severability clause is a clause commonly placed near the front or end of a municipal ordinance stating that if any portion of the ordinance is held invalid, the remainder remains in force. In practice this means that courts try, where possible, to give effect to the parts of the law that are valid and consistent with legislative intent.

How Courts Apply Severability in Arlington

Application depends on statutory text and judicial review. Arlington courts and Virginia courts ask whether the remaining provisions can operate independently and whether the legislative intent indicates the law should stand even if parts are struck. For concrete text of Arlingtons codified ordinances, see the county code. Arlington County Code[1]

Penalties & Enforcement

Severability clauses themselves do not create penalties; penalties come from the substantive ordinance provisions. Where the code specifies fines or sanctions for an ordinance, those amounts are stated in the controlling section. If a provision subject to a penalty is held invalid, enforcement of that specific provision ends, while other penalties tied to valid provisions may remain effective.

  • Fine amounts for specific ordinance violations: not specified on the cited page.
  • Escalation for repeat or continuing offences: not specified on the cited page.
  • Non-monetary sanctions: orders to cease, abatement, injunctive relief, or court actions may be used where provided by ordinance.
  • Enforcer: the relevant county department named in the ordinance (for example, Code Compliance, Building/Permits, or Environmental Services) handles inspections and enforcement.
  • Complaints and inspection requests: submit through the responsible department or the countys official complaint/reporting channels; see Help and Support / Resources below for department contacts.
  • Appeals and review: appeal routes and time limits depend on the ordinance and administrative process; specific time limits are "not specified on the cited page" for the general severability clause and must be checked in the controlling section.
  • Defences and discretion: defences such as a valid permit, variance, or a "reasonable excuse" are available where the ordinance or administrative rules provide them.

Applications & Forms

Some enforcement or relief processes require forms (permit, variance, or appeal forms). For specific forms, the controlling ordinance section or the enforcing department publishes application names and submission instructions. If no form is required, that will be stated on the departments page. For the Arlington County Code text and links to departmental resources, consult the official code. Arlington County Code[1]

If you need a permit or appeal, contact the enforcing department early to confirm deadlines and required documents.

Practical Action Steps

  • Locate the exact ordinance section in the Arlington County Code and read the severability language and the penalty clause.[1]
  • Contact the enforcing department to confirm whether a specific provision is being applied and to learn appeal procedures (see Resources below).
  • If subject to enforcement, file any administrative appeal within the time limit stated in the ordinance or department rules; if none stated, request written guidance from the department.
  • Consult counsel if a regulations validity is contested and potential injunctive relief or declaratory judgment is needed.

FAQ

What does a severability clause mean for Arlington ordinances?
A severability clause states that if one part of an ordinance is found invalid, the rest remains effective if it can operate independently.
Does a severability clause prevent courts from striking parts of a law?
No. Courts may still invalidate unlawful provisions; the clause guides whether remaining provisions should survive.
Where can I find the severability language for a specific Arlington bylaw?
Check the text of the ordinance in the Arlington County Code; search the specific chapter or section for a severability provision.[1]

How-To

  1. Identify the exact ordinance section number in the Arlington County Code.
  2. Contact the enforcing department to confirm enforcement status and appeal deadlines.
  3. Gather permits, notices, and correspondence relevant to the contested provision.
  4. File an administrative appeal or seek judicial review within the time frame specified in the ordinance or department rules.

Key Takeaways

  • Severability clauses aim to preserve valid parts of an ordinance when others are invalid.
  • Penalties and enforcement are governed by the substantive ordinance sections; severability does not itself create penalties.
  • Always check the controlling Arlington County Code section and contact the enforcing department early.

Help and Support / Resources

  1. [1] Arlington County Code - Code of Ordinances (Municode)

Categories

General Governance and Administration Public Safety Public Health and Welfare Land Use and Zoning Housing and Building Standards Transportation Environmental Protection Parks and Public Spaces Business and Consumer Protection Taxation and Finance Labor and Employment Education Civil Rights and Equity Elections and Campaign Finance Events and Special Uses Signs and Advertising Utilities and Infrastructure Technology and Data