§ 8.01-226.13.Limited standing to seek injunctive relief against manufacturing companies.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 2016 · Last verified July 16, 2026
In one sentenceSection 8.01-226.13 bars using a claimant’s use of a public park, playground, recreational facility, or greenway as the sole basis to enjoin a manufacturing company’s continued operation when that company predates the park or greenway, while preserving the Commonwealth’s, a locality’s, and certain designated entities’ authority to bring such actions.
"Manufacturing company" means a domestic or foreign corporation primarily engaged in activities that, in accordance with the North American Industrial Classification System (NAICS), United States Manual, United States Office of Management and Budget, 2012 Edition, would be included in Sector 31, 32, or 33.
"Public greenway" means any system of hiking, biking, or horseback riding trails established by a locality or political subdivision.
"Public park, recreational facility, or playground" means any such facility established by a locality pursuant to § 15.2-1806.
B.No action shall be initiated or maintained to enjoin the continued use and operation of a manufacturing company solely on the basis of the claimant's use of a public park, recreational facility, or playground or public greenway, when such manufacturing company existed prior to the creation of such public park, recreational facility, or playground, or public greenway.
C.This section shall not limit actions brought by the Commonwealth, a locality, or an entity designated pursuant to subdivision A 3 of § 15.2-1806.
Plain-English Summary
This section addresses friction between established manufacturing operations and later-built public recreational amenities placed nearby. Subsection A defines “manufacturing company” by reference to specific NAICS industry sectors, and defines “public greenway” and “public park, recreational facility, or playground” by reference to the local-government authority that establishes them under § 15.2-1806.
Subsection B is the operative rule: no one can bring or maintain an action to enjoin a manufacturing company’s continued use and operation solely because the claimant uses a nearby public park, recreational facility, playground, or greenway, but only where the manufacturing company already existed before that park, facility, or greenway was created. In effect, a manufacturer that was there first cannot be shut down through an injunction grounded only in a park user’s proximity-based objection.
Subsection C narrows the bar’s reach: it does not limit actions brought by the Commonwealth, a locality, or an entity specifically designated under § 15.2-1806(A)(3), so government enforcement authority, as opposed to private citizen suits based on recreational use, remains fully intact.
Frequently Asked Questions
Can a nearby park user sue to shut down a factory that was there before the park existed?
Not solely on that basis. Section 8.01-226.13 bars an injunction action against a manufacturing company grounded only in the claimant’s use of a public park, recreational facility, playground, or greenway, where the manufacturer predates that public amenity.
Does this section protect every business from injunction suits?
No. It is limited to “manufacturing companies,” defined by reference to specific North American Industry Classification System sectors — 31, 32, and 33 — covering manufacturing activities.
Can the state or a local government still sue to stop a manufacturing company’s operations?
Yes. Subsection C preserves actions brought by the Commonwealth, a locality, or an entity designated under § 15.2-1806(A)(3); the bar applies only to private claimant suits based solely on recreational use.
Does it matter when the park or greenway was created relative to the manufacturing company?
Yes, that timing is central. The bar applies only when the manufacturing company existed before the public park, recreational facility, playground, or greenway was created.
What is a “public greenway” under this section?
Any system of hiking, biking, or horseback riding trails established by a locality or political subdivision.
Amendment History
2016, c. 669.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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