Orange County Admits Error in Wilderness Crossing Rezoning

(Orange, Va.) — In a special meeting today, the Orange County Board of Supervisors unanimously passed a resolution acknowledging a misstep in creation of the Planned Development-Mixed Use (PDM) Zoning District.  The resolution found that the PDM Zoning District, which paved the way for the Wilderness Crossing mega-development rezoning in 2023, violated Virginia State Code.  The PDM Zoning District was adopted in July 2018 by a previous Board of Supervisors.

“We applaud the county’s decision to reexamine the creation of the PDM Zoning District and willingness to acknowledge an error was made,” remarked American Battlefield Trust president David Duncan.  “While we understand the need for the county to proceed in a methodical manner, today’s decision points to only one final result: invalidation of the Wilderness Crossing rezoning.”

In a press statement issued following the vote, the Board of Supervisors stated: “After reviewing the available legislative record and applicable law, the Board acknowledged that ZTA 18-05 was not initiated in the manner required by Virginia Code § 15.2-2286(A)(7).  The Board believes it is important to address that procedural issue candidly and to respect the requirements governing County land use decisions.”

The board’s finding mirrors part of the factual basis for the legal challenge brought by the American Battlefield Trust, Friends of the Wilderness Battlefield (FOWB) and the Central Virginia Battlefields Trust (CVBT), with the support of nearby residents, against the Wilderness Crossing Rezoning.  The defective initiation of the PDM Zoning District is one of several grounds advanced in their lawsuit to set aside the rezoning as illegal.

A judicial finding of defective initiation, agreeing with the County’s about-face on the PDM Zoning District, should invalidate the Wilderness Crossing development, which envisions construction of up to 5,000 residential units and more than 800 acres for commercial and industrial uses, including data centers, at the gateway of the Wilderness Battlefield.

The decision marks a dramatic reversal from April 2023, when the Orange County Board of Supervisors approved the massive Wilderness Crossing rezoning by a near-unanimous vote. In doing so, the Board rejected requests from the preservation community, the National Park Service and others to study the effects of the rezoning, the largest in county history, on the Wilderness Battlefield. The Trust, CVBT, FOWB, and local homeowners filed suit the following month, alleging that the approval process violated Virginia laws that limit the County’s zoning authority, require deliberative and transparent decision-making, and ensure equal taxation of land. Although the case has not yet gone to trial, a circuit court judge has repeatedly rejected attempts to dismiss the challenge.

“The County’s decision reflects its willingness to listen to the community and to follow the rule of law,” said Robert Lookabill, president of Friends of Wilderness Battlefield. “A project with this unprecedented scale, demands on local infrastructure and threats to our area’s natural resources has no place near the Wilderness Battlefield.”

“Once this landscape is lost to development, it is lost forever,” said Tom Van Winkle, president of the Central Virginia Battlefields Trust. “In taking a fresh look at the PDM Zoning District approval, the County has made the right decision for local residents and the historic battlefield.  We hope the board’s decision signals that this controversy is nearing its end.”

The Wilderness Battlefield was named one of the country’s 11 Most Endangered Historic Places by the National Trust for Historic Preservation in 2024. The area that was rezoned for development includes hundreds of acres identified by the National Park Service as within the historic boundaries of the Wilderness Battlefield. The National Parks Conservation Association, National Trust for Historic Preservation, the Coalition to Protect America’s National Parks and the Piedmont Environmental Council have filed briefs in the case, supporting the challenge and detailing both the serious threat to sacred ground posed by the Wilderness Crossing development and the extraordinary investments that have been made by the groups and others to preserve the Wilderness Battlefield.

The news comes on the heels of another major legal victory for battlefield preservation in Northern Virginia, where the Trust and local residents defeated three fast-tracked rezonings that paved the way towards erecting a massive data center complex next to Manassas National Battlefield Park. In March, a unanimous Virginia Court of Appeals panel ruled that Prince William County had acted unlawfully in approving the Prince William Digital Gateway project, prompting the County to abandon its defense of the rezonings. Ultimately, the County and both data center developers opted not to continue the lawsuit. These striking reversals for projects threatening historic and cultural resources and communities are mirrored by shifts in public opinion; a recent poll conducted by The Washington Post and George Mason University found that only 33% of Virginians would support a data center being built in their community, down from 69% as recently as 2023.

About the American Battlefield Trust:  The American Battlefield Trust is dedicated to preserving America’s hallowed battlegrounds and educating the public about what happened there and why it matters today. The Trust enjoys the support of more than 500,000 members and supporters from all 50 states and around the world. The organization has protected 63,000 acres associated with the Revolutionary War, War of 1812 and Civil War across more than 160 sites in 25 states, including more than 500 acres at The Wilderness. Learn more at www.battlefields.org.

About the Central Virginia Battlefields Trust (CVBT):  The Central Virginia Battlefields Trust is a nonprofit organization that preserves battlefield land associated with the four major Civil War campaigns: Fredericksburg, Chancellorsville, Mine Run, and the Overland Campaign, including the Wilderness and Spotsylvania.  CVBT celebrated its 30th anniversary in the battlefield preservation business earlier this year.  Learn more at www.cvbt.org.

About the Friends of Wilderness Battlefield (FOWB):  The purpose of the Friends of Wilderness Battlefield is to assist like-minded historic preservation organizations in their efforts to preserve the Wilderness Battlefields in Spotsylvania and Orange Counties. The Friends provide advocacy, educational programs, and service projects for the battlefield.  Learn more at www.fowb.org.

###