Update: New insight into proposed Augusta County ‘clutter’ law

We’ve got fresh insight into the thinking of Augusta County leaders regarding the proposed addition of the word “clutter” to the local law regarding nuisances that has the attention of some folks who wonder if it’s something that could be used arbitrarily to get at neighbors.

We heard today from Doug Wolfe, the director of community development for the local Augusta County government, who pointed to a 2021 law that amended the state code to allow local governing bodies to require property owners to “remove therefrom any and all trash, garbage, refuse, litter, clutter, except on land zoned for or in active farming operation.”

The public-hearing notice for the proposed new local law on the county website wasn’t clear on what it was doing, telling us that a proposed amendment to the county code “adds the word ‘clutter’ among the list of items that can be removed from a property due to potential endangerment of the health or safety of other residents of the County, and utilizes the definition of “clutter” from §15.2-901 from the Code of Virginia.”

The language of that state code section defines “clutter” as “mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of a community when they are left in public view for an extended period or are allowed to accumulate.”

One reader from the farming community emailed us about this proposed local amendment to offer that this rather broad definition could be used arbitrarily against farmers and artists by neighbors looking for an excuse to cause trouble.

Wolfe noted in an email today that because the county “relies on the Commonwealth’s definition of ‘clutter’ in the enabling legislation (§15.2-901), ‘clutter’ in the proposed amendment would not apply to land zoned for or in active farming operation.”

This proposed amendment is on the agenda for a public hearing at the March 25 BOS meeting, which begins at 7 p.m.

Those with questions should reach out to Wolfe in the Community Development office at 540.245.5700 or [email protected].