ALEXANDRIA, Va. (AP) - Federal authorities are suing a northern Virginia county over zoning regulations that prohibit an Islamic organization from developing a religious cemetery on land it had purchased for that purpose.
The Justice Department said Friday that the lawsuit alleges that Stafford County violated the Religious Land Use and Institutionalized Persons Act by enacting overly restrictive regulations blocking the proposed cemetery.
The complaint alleges that an amendment to the county’s zoning ordinance in 2016 blocked the All Muslim Association of America from developing an Islamic cemetery on a 29-acre (12-hectare) parcel of land.
Authorities said that after learning of the association’s plans, the county amended the ordinance to require that cemeteries be no closer than 900 feet from private wells and certain types of streams.
The ordinance was adopted after neighbors raised concerns about well contamination.
The lawsuit alleges that the ordinance is far more restrictive than the Virginia Department of Health’s 100-foot distancing standard.
Federal authorities also said the ordinance has no legitimate health justification, imposes a substantial burden on the association’s religious exercise, and is not narrowly tailored to achieve a compelling governmental interest.
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