Newport News City Council

To read more about local regulations around coal dust, see Local Regulations.

Map showing the local jurisdictions the Hampton Roads region, with the City of Newport News in purple and the three coal terminals marked.

To read about Norfolk City Council, see: Norfolk City Council

The Newport News City Council is the elected legislative body that governs Newport News, Virginia. Operating under a council-manager form of government, the Council includes a mayor and six other members who are responsible for setting municipal policy, passing local laws, approving budgets, and overseeing land use and development. The Council wields considerable influence over issues related to economic development, environmental regulation, and public health, making it a key player in addressing community concerns about coal dust pollution. It also has jurisdiction over two of the three coal terminals in the Port of Virginia, Dominion Terminal Associates and the Kinder Morgan Terminal.

Ordinance and Regulatory Power (Local Code)

The Newport News City Council:

• Enacts ordinances under local police power to address public nuisances
• Can impose operating conditions through business licenses or local permits, such as requirements for covered coal piles or restricted hours.
• Establishes local standards for storage, screening, and material handling on non-rail, non-port private property.
• Passes supplemental ordinances related to air monitoring, stormwater impacts, or emissions disclosure—within the limits of state law

Process:

1. A proposed ordinance is introduced by a City Council member, the City Manager, or recommended by a board, commission, or citizen group.
   • Need 1 sponsor to submit
2. The ordinance is formally introduced at a City Council meeting. It is entered into the public record, and the title is read aloud.
3. A public notice must be published in a local newspaper at least five days before the vote, per Virginia Law. The notice includes a summary of the ordinance and the date of the public hearing.
4. Public hearing: Residents and stakeholders are invited to speak in favor of or against the proposed ordinance during a scheduled City Council meeting.
   • People must register with the city clerk at the entrance before the meeting, giving name and address. There is a 3 minute speaking limit. There is nothing about remote meetings or comments in the code.
5. Council members may debate the proposal and suggest changes. Legal staff may adjust language based on feedback or legal concerns.
6. Council votes to adopt, amend, or reject the ordinance
   • A simple majority (4 out of 7 members) is required to pass most ordinances.
7. If passed, the ordinance becomes law on the effective date specified (often immediately or within 30 days

All council meetings are open to the public (but not all allow public comment). Placards, banners, and signs are banned at meetings. “Citizen comments on matters germane to the business of city council” are allowed as part of the prescribed agenda on every regular meeting, but not special meetings or work session meetings.

Conditional Use Permits

The City of Newport News also has jurisdiction to grant conditional use permits, per chapter 45, Article XXVII of the municipal code. Based on available public documents and the city’s zoning framework, there is no evidence that coal terminals in Newport News automatically require a Conditional Use Permit (CUP). Coal terminals operate within industrial zoning districts where coal handling is typically an allowed use by right rather than a conditional use needing special approval.

• Sec. 45-2702 says:  
  • The city council may authorize, by issuance of a conditional use permit, the use of land in a district in accordance with article IV, section 45-402, summary of uses by district, and may specify special conditions and safeguards governing the use authorized. A conditional use permit shall be issued only if all of the following conditions have been met:
    • (1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;
    • (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;
    • (8) That the proposed use is in accordance with the comprehensive plan.

• Enforcement: Sec. 45-2710
  • Violation of a conditional use permit or any conditions and safeguards attached thereto shall be deemed a violation of the Zoning Ordinance and subject to the penalties and remedies set forth in Article XXXV. The city council may revoke a conditional use permit for violation of any terms or conditions thereof; provided, that ten (10) days written notice is given to the applicant or his successor and a public hearing is held following public notice as provided in Section 15.2-2204, of the Code of Virginia, 1950, as amended.
  • If a conditional use permit is terminated by the city council, then the regulations and uses of the zoning district shall apply to the property in which the use was located.

Limitations

The Newport News City Council operates under Dillon’s Rule, meaning it only has powers explicitly granted by the Virginia General Assembly. It cannot enact laws that conflict with state or federal statutes and has no authority over environmental permitting, which is handled by the Virginia Department of Environmental Quality (DEQ) and the federal Environmental Protection Agency (EPA). The Council cannot regulate railroads, which fall under federal jurisdiction, or impose restrictions on state-run facilities like the Port of Virginia. It lacks authority to enforce emissions standards or override DEQ-approved operations. Enforcement power is limited to local tools like fines, stop-work orders, or zoning actions. The Council also cannot create criminal penalties or impose conditions outside the scope of municipal code. Political and budgetary constraints can limit how aggressively ordinances are pursued or enforced.

However, the Council can pass ordinances related to zoning, land use, and public nuisances, including regulations that affect where and how coal-related facilities operate. It can allocate funding for air quality monitoring, environmental studies, or mitigation measures like green buffers. The Council can condition local permits, such as business licenses or special use approvals, to require dust control measures. It can also petition state agencies or the General Assembly for stronger environmental oversight or expanded local authority.

Council Members (in 2025)

Mayor: Phillip Jones (Term: Jan 01 2023 - Dec 31 2026)

Vice Mayor: Curtis D. Bethany III (Jan 01 2023 - Dec 31 2026)

Councilman Robert Coleman (Jan 01 2025 - Dec 31 2028)

Councilman John R. Eley III (Jan 01 2023 - Dec 31 2026)

Councilman Marcellus L. Harris III, D. Div. (Jan 01 2025 - Dec 31 2028)

Councilman Cleon M. Long, P.E. (Jan 01 2023 - Dec 31 2026)

Councilwoman Tina L. Vick (Jan 01 2025 - Dec 31 2028)

Relevant Meetings

The city council has heard numerous complains about coal dust, and listened to activist solutions of coal dust mitigation. Further records are available on their site.

January 23, 2024

Feb 13, 2024

Sept 12, 2023

Documents

Minutes of Regular Meeting. January 23, 2024.