Understanding Legal Advertisements

Every public hearing, zoning case, budget hearing, ordinance amendment, and other legally required public notice serves one essential purpose: ensuring residents have advance notice of government decisions that may affect their property, their community, and their quality of life.

[READ THE CODE OF VIRGINIA] 

We've received questions about where Botetourt County publishes legal notices for public hearings. We want to provide some additional context about how those decisions are made.

Virginia law allows local governments to publish legal notices in multiple court-approved print and online publications. This flexibility enables the County to select the option that best meets legal deadlines while being mindful of taxpayer dollars and staff resources.

When determining where to publish legal notices, the County considers several factors, including:

• The ability to meet required publication deadlines.
• Greater flexibility in submitting notices throughout the week.
• Cost-effectiveness and responsible stewardship of taxpayer funds.
• Efficient use of staff time while ensuring compliance with Virginia law.

A Change in Virginia Law

For decades, Botetourt County relied primarily on printed legal ads in the The Fincastle Herald, with occasional use of The Roanoke Times.

That changed following action by the Virginia General Assembly.

Effective July 1, 2024, House Bill 264 expanded Virginia's public notice laws by allowing qualifying digital news organizations to publish legal advertisements alongside traditional newspapers. The legislation recognized that Virginians increasingly receive news through multiple platforms while maintaining the same legal standards for public access and transparency.

This change gave local governments additional flexibility without reducing their obligation to provide legally compliant public notice.

Botetourt County's Approach

Following the change in state law, Botetourt County adopted a countywide approach in April 2025 that allows legal notices to be published in any publication authorized under Virginia law, including:

• The Fincastle Herald (Weekly Paper)
• The Roanoke Times (Daily Paper)
• Cardinal News (Online Publication)

The County notified The Fincastle Herald in advance in 2024 that additional publication options would be utilized so there would be no surprise regarding the change in practice.

Why Publication Flexibility Matters

One of the greatest challenges in local government is the timing of legally required advertisements.

Planning Commission meetings, Board of Supervisors meetings, public hearings, budget work, ordinance revisions, and rezoning requests often develop between regularly scheduled publication deadlines.

Traditional weekly newspapers typically require legal advertisements to be submitted several days before publication. If a meeting agenda changes after that deadline—or if a new public hearing must be scheduled, the County may have limited options to satisfy Virginia's statutory notice requirements.

Having multiple authorized publication outlets allows the County to:

• Meet legal publication deadlines.
• Avoid delaying public hearings because of missed advertising windows.
• Respond to agenda additions more efficiently.
• Keep development projects, infrastructure improvements, and County initiatives moving on schedule.
• Use taxpayer resources responsibly by selecting the publication that best fits each situation.

Rather than relying on a single publication schedule, the County now evaluates each legal advertisement individually and selects the publication that best meets legal requirements, operational timelines, publication deadlines, and cost considerations.

Where Else Are Notices Posted?

The County also keeps residents informed through:

• The County website
• Public meeting agendas and agenda packets
• Public postings at County facilities
• Email notifications and other communication channels

Together, these resources provide residents with multiple opportunities to stay informed about County government beyond the minimum requirements established by Virginia law.