Newport News City Council

To read more about local regulations (such as limitations on regulatory power) 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.

Regulatory Power (Local Code)

Ordinances

The Newport News City Council holds statutory authority under Virginia law to enact local ordinances, which are municipal laws governing issues such as zoning, public nuisances, business licensing, and health and safety. These ordinances require the Council to provide public notice and hearing opportunities before adoption, and they apply uniformly within the city’s jurisdiction. Council-passed ordinances set the legal framework for zoning districts and establish standards that apply across all properties, including those involved in industrial operations.

Council members and community advocates (e.g. through the Coal Dust Kills coalition) have specifically pushed for a local ordinance recognizing coal dust as a public nuisance, requiring mitigation measures such as domes or wind fences at terminals. An ordinance could require all uncovered coal storage piles within city limits to implement dust suppression technologies or enclosures, and make these standards legally enforceable. This has been a successful strategy in other places, such as Richmond, CA where the city used ordinances and permitting to restrict coal and fugitive coal dust from the local terminal.

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)

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 ordinances, there is no evidence that coal terminals in Newport News automatically require a Conditional Use Permit (CUP). Coal terminals operate within industrial zoning districts (e.g. M1 or M2) where coal handling is an allowed use by right rather than a conditional use needing special approval.

• 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: 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.

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.

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.

• January 23, 2024
• Feb 13, 2024
• Sept 12, 2023

Documents

Minutes of Regular Meeting. January 23, 2024.