The Arlington Circuit Court struck down Arlington’s Missing Middle policy, also known as the Expanding Housing Option development policy, on Sept. 27, 2024. Judge David Schell ruled that in adopting the policy, Arlington County failed to follow proper procedural requirements, consider stormwater impacts and adhere to state tree canopy requirements.
The Arlington County Board adopted the Missing Middle policy in March 2023. The policy sought to allow by right up to six residential units on a property located in zoning districts that historically have only allowed single-family residential development. The policy required these developments to receive a permit and be built in conformance with underlying zoning standards. It is not known if Arlington County will appeal Judge Schell’s decision.