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Casino gaming is not currently legal in Northern Virginia, but the Town of Herndon is planning as if that could change. Town planners are drafting a zoning ordinance amendment that would set the conditions under which a casino could operate within Herndon’s borders, should state law eventually change.
The Herndon Planning Commission discussed the matter during its work session Monday. The proposed amendment would classify a casino venue as a permitted indoor entertainment use. However, such projects would be restricted to a defined geographic area and required to operate as part of a larger mixed-use development.
The fine print: Herndon’s casino development standards
The proposed measure states that any casino seeking to operate in Herndon must be part of a broader integrated development. That project must include:
- Lodging property with no fewer than 225 rooms.
- At least 34,000 square feet of retail space.
- No fewer than 11,000 square feet of ballroom or conference space.
- At least 20,000 square feet set aside for grocery retail.
The casino would be restricted to the town’s Planned Development Transit-Oriented Core (PD-TOC) district. That zone spans roughly 38 acres along Herndon Parkway, near the Herndon Metro station. The corridor is designated for high-density, transit-adjacent development.
Even with the amendment in place, approval would not be automatic. Any applicant would still need to obtain development plan clearance and a special exception. Both steps require public hearings and a final vote by the full Town Council.
Why Herndon is acting now
According to FFX Now news, town staff laid out the rationale for moving forward now, despite casino gaming remaining off-limits in the region. Amending the zoning ordinance now “to define casino-related terms and establish land use provisions will prepare the town for casino-related legislation that may have direct or indirect impacts on land use within the town,” staff wrote in a memo for the Planning Commission.
The Town Council first moved to explore the amendment March 24, placing it on a routine consent calendar with no formal discussion. The timing was deliberate.
At that point, Fairfax County and its neighboring communities were still awaiting Gov. Abigail Spanberger’s decision on Senate Bill 756. Championed by Senate Majority Leader Scott Surovell (D-34), the bill would have made Fairfax County eligible to host a casino — directing the Board of Supervisors to identify a preferred developer and put the question to voters in a referendum. Potential sites would have been limited to the Tysons area, and any casino would have been required to anchor a mixed-use development of at least 1.5 million square feet.
Spanberger vetoed the bill April 9, to the relief of the Board of Supervisors, which had largely opposed the measure. State lawmakers declined to override the veto during their April 22 session. Surovell, however, has stated publicly that the push for a Fairfax casino “will be back” in a future legislative session — precisely what makes Herndon’s zoning work significant.
By establishing its framework now, the town avoids scrambling if and when a future bill succeeds. When the next attempt moves through Richmond, Herndon plans to already have the rules in place.
Residents still waiting for a say on casino zoning
Getting those rules finalized, however, has proven harder than expected. The commission had originally been scheduled to discuss the proposed zoning revision at its April 13 work session, but the item was withdrawn from the agenda during the meeting. A public hearing scheduled for April 27 was subsequently canceled after staff discovered an error in the required legal notice.
The town has not yet announced a new date for that public hearing and did not respond to a media inquiry asking when residents could expect the session to be rescheduled.
Virginia’s expanding gaming landscape
Virginia has grown considerably as a gaming market since the state legislature authorized casino development in 2020.
Casinos now operate or are under development in Bristol, Danville, Norfolk, Portsmouth and Petersburg. Fairfax County, home to more than 1.1 million residents and one of the wealthiest counties in the country, has become the most prominent outstanding target for expansion.
Herndon’s proactive zoning work reflects a calculation that the debate over a Fairfax casino is not over. By setting the terms now, the town positions itself to act quickly if and when the legal framework catches up with its planning documents.
Whether that moment arrives next legislative session or further down the road, Herndon is making sure the paperwork is ready.
