Chesapeake Bay Preservation Act

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• Chesapeake Bay Preservation Act
• Overview and Issues

Presentation To Potomac Watershed Roundtable
July 8, 2005
Joan Salvati, Director
Division of Chesapeake Bay Local Assistance
Division of Chesapeake Bay Local Assistance
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Who is Joan Salvati

• 30 years with local government
• Focus on building strong stakeholder
  relationships
• Vision A user-friendly DCBLA

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Statutory Authority

• 1988 Chesapeake Bay Preservation Act.
• September 20, 1989 Chesapeake Bay Preservation
  Area Designation and Management Regulations
  revised March 1, 2002.

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Purpose of the Chesapeake Bay Preservation Act

• Establish a cooperative program between State and
  local governments aimed at reducing nonpoint
  source pollution.
• Improve water quality in the Chesapeake Bay and
  its tributaries and other state waters by
  requiring the counties, cities, and towns of
  Tidewater Virginia incorporate general water
  quality protection measures into their
  comprehensive plans, zoning ordinances, and
  subdivision ordinances

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CBPAs RPAs RMAs

• Chesapeake Bay Preservations Areas (CBPAS)
• Resource Management Areas (RMAs)
• Resource Protections Areas (RPAs)
• CBPAs Subject To 11 Performance Criteria
• RPAs Subject to additional Development Criteria

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Resource Protection Areas

• Tidal wetlands
• Nontidal wetlands connected by surface flow and
  contiguous to tidal wetlands or water bodies with
  perennial flow
• Tidal shores
• Other lands
• A buffer of not less than 100 feet in width
  landward of these features and along both sides
  of any water body with perennial flow.

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Resource Management Areas

• Floodplains
• Highly erodible soils, including steep slopes
• Highly permeable soils
• Nontidal wetlands not included in the RPA
• Other lands considered by the local government to
  be necessary to protect water quality

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General Performance Criteria

• No more land shall be disturbed than is
  necessary.
• Indigenous vegetation shall be preserved to the
  maximum extent practicable development.
• Land development shall minimize impervious cover.

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Performance Criteria

• Plan of development review requirements
• 2,500 SF ES Control threshold
• 5-year septic pumpout reserve drainfield
• Agricultural BMPs
• Silvicultural BMPs
• Proof of Wetlands Permits
• Stormwater management criteria
• BMP maintenance agreements

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Permitted Uses in the RPA

• Water dependent facilities.
• Redevelopment.
• Roads and driveways under certain circumstances.
• Flood control and regional stormwater management
  facilities under certain circumstances.

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The Vegetative Buffer

• Minimizes the adverse effects of human
  activities
• Retards runoff
• Prevents erosion
• Filters nonpoint source pollution from runoff
• Must be retained if present and established where
  it does not exist.

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Pending Issues

• Merger
• Perennial Flow Determinations
• Intensely Developed Area Designations
• Compliance Evaluations
• Education Outreach
• Phase III

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Merger

• Storm water management is now consolidated
  within the Division of Soil Water
• Consolidated program reviews and annual reporting
• Commitment to continued customer service

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Perennial Flow Determinations

• Sound guidance developed through consensus
• Need more training
• Central Virginia July 25-27
• Tidewater August 2-5
• Contact Brad Belo, 804-371-7500

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IDAs/Exceptions

• Since exception requirements changed with the
  2001 regulatory amendments, several localities
  seek to expand IDAs.
• Policy Committee will be reviewing this issue.

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Compliance Evaluations

• Analysis of actual implementation on the ground
• 5-year cycle
• Annual reports due after compliance evaluation
  completed
• Contact you liaison for checklist information

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Education Outreach

• Online survey recently sent out Please respond!
• Annual workshop this Fall
• Training available for the exception process and
  other issues, as needed

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Ordinance Review

• Regulations require localities to assure that
  their subdivision ordinances, zoning
  ordinancesare consistent in promoting and
  achieving the protection of state waters.
• Coming soon..

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Were Here to Help.

• Tel [phone]
• E-mail joan.salvati_at_dcr.virginia.gov

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RPA Performance CriteriaWQIA

• A Water Quality Impact Assessment is required for
  ALL land disturbance, development or
  redevelopment in RPAs.
• May be required for any other development in
  CBPAs that warrant the assessment because of
  unique site characteristics or intensity of the
  proposed development.

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RPA Performance CriteriaWater-dependant Facility

• A new or expanded water-dependant facility must
• Comply with local comprehensive plan
• Comply with general performance criteria
• Non-water dependant components outside RPA
• Provide access with minimum disturbance,
  preferably with a single point of access.

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RPA Performance Criteria Redevelopment

• Redevelopment permitted within RPA only if
• No increase in impervious cover
• No further encroachment into the RPA
• Complies with ES and stormwater management
  criteria.

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RPA Performance Criteria Roads Driveways

• Private roads and driveways may be constructed in
  the RPA provided that
• No reasonable alternative exists
• Minimize RPA encroachment and adverse water
  quality effects
• Satisfy all criteria, including a WQIA
• Plans must be reviewed and approved through a
  plan of development process.

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RPA Performance Criteria Flood Control
Stormwater Management

• BMP location in the RPA is necessary
• BMP size is the minimum necessary
• The localitys stormwater management program
  approved by CBLAB as a Phase I modification
• Applicable state or federal permits obtained
• Local government approval required
• Routine maintenance is allowed.
• BMPs serving individual lots are not allowed.

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Components of the RPA buffer
Trees
Shrubs
Ground covers
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Permitted Buffer Modifications

• Sightlines and Vistas
• Access Paths
• General Woodlot Management
• Best Management Practices
• Shoreline Erosion Control Projects

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Permitted Buffer ModificationsSight Lines and
Vistas

• Vegetation removed to provide for reasonable
  sight lines must be replaced with other
  vegetation that protects water quality.
• Emphasis is on filtered views achieved through
  pruning and maintenance of the three tropic
  layers
• Canopy and understory trees.
• Shrubs.
• Groundcover.

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Good shrub layer
Shrub layer removed
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Permitted Buffer ModificationsAccess Paths

• Any path shall be constructed and surfaced so as
  to effectively control erosion.
• 9 VAC 10-20-130.5.a (2).

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Permitted Buffer ModificationsAccess Paths

• Limit to the minimum width necessary to preserve
  vegetation.
• Residential pedestrian paths should be unpaved or
  have a porous surface.
• Paths should wind around trees and shrubs.

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Permitted Buffer ModificationsGeneral Woodlot
Management

• Thinning only for a young overstocked forest, or
  an older, poorly managed stand.

• Noxious weed any invasive species that has
  gotten out of control and has become harmful to
  the health and survival of the woody vegetation
  in the buffer.

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Permitted Buffer ModificationsGeneral Woodlot
Management

• Develop a self-sustainable, uneven stand of mixed
  trees, shrubs and groundcover with a floor of
  either leaf-litter and debris or mulch.

• Under no circumstances should a complete
  understory layer be removed under the claim of
  thinning for management.

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Permitted Buffer ModificationsShoreline
Erosion Control Measures

• Projects must
• Minimize land disturbance.
• Preserve existing vegetation
• Meet local Comp Plan guidelines
• Complete a WQIA.

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Nonconforming Uses and Non-complying Structures
in the RPA

• Continued use and expansion of principal
  nonconforming structures is permitted.
• Remodeling and alteration of principal and
  accessory structures is permitted through an
  administrative review process.
• Expansion or construction of accessory structures
  on nonconforming lots is not permitted by right.

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Permitted Buffer Encroachments

• Encroachments into the landward 50 feet of the
  buffer area are permitted
• Pre-1989 lots where application of the buffer
  would result in the loss of a buildable area.
• Lots recorded between 1989 and 3/1/02.

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Exemptions from the RPA Criteria

• Water wells boardwalks, trails and pathways used
  for passive recreation and historic preservation
  or archaeological activities.
• Public utilities, public roads, and railroads.
• Minimize encroachment into RPA.
• Minimize adverse effects on water quality.
• Locate outside RPA if possible.
• Comply with ES and stormwater management
  criteria.
• Minimize land disturbance.

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Exceptions to the RPA Criteria

• Requires public notification.
• A public hearing before a local legislative body
  required.
• Additional findings required for granting
  exceptions.

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Findings Required for Exceptions

• Minimum necessary to afford relief
• No special privileges denied to others
• Is in harmony with the purpose of the Act and is
  not of substantial detriment to water quality
• Is not based on self-created or self-imposed
  conditions
• Reasonable and appropriate conditions are imposed
  as necessary.

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Other Regulations That May Apply in the RPA

• Erosion Sediment Control Law
• Wetlands regulations
• Local ordinances
• Fairfax County Water Authority Shoreline Policy

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The Goal is this...
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Not this...