Chesapeake Bay Preservation Act Overview and Issues Presentation To Potomac Watershed Roundtable July 8, 2005 Joan Salvati, Director Division of Chesapeake Bay Local Assistance

Who is Joan Salvati  30 years with local government  Focus on building strong stakeholder relationships  Vision: A “user-friendly” DCBLA

Statutory Authority  1988 Chesapeake Bay Preservation Act.  September 20, 1989 Chesapeake Bay Preservation Area Designation and Management Regulations – revised March 1, 2002.

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…”;

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

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.

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

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.

Performance Criteria  Plan of development review requirements  2,500 SF E&S Control threshold  5-year septic pumpout & reserve drainfield  Agricultural BMPs  Silvicultural BMPs  Proof of Wetlands Permits  Stormwater management criteria  BMP maintenance agreements

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.

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.

Pending Issues  Merger  Perennial Flow Determinations  Intensely Developed Area Designations  Compliance Evaluations  Education & Outreach  Phase III

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

Perennial Flow Determinations  Sound guidance developed through consensus  Need more training  Central Virginia – July  Tidewater – August 2-5  Contact Brad Belo,

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

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

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

Ordinance Review  Regulations require localities to “assure that their subdivision ordinances, zoning ordinances…are consistent in promoting and achieving the protection of state waters.”  Coming soon…..

We’re Here to Help….  Tel: 

RPA Performance Criteria: WQIA  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.

RPA Performance Criteria: Water-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.

RPA Performance Criteria: Redevelopment  Redevelopment permitted within RPA only if:  No increase in impervious cover;  No further encroachment into the RPA;  Complies with E&S and stormwater management criteria.

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.

RPA Performance Criteria: Flood Control & Stormwater Management  BMP location in the RPA is necessary;  BMP size is the minimum necessary;  The locality’s 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.

Trees Shrubs Ground covers Components of the RPA buffer

Permitted Buffer Modifications  Sightlines and Vistas  Access Paths  General Woodlot Management  Best Management Practices  Shoreline Erosion Control Projects

Permitted Buffer Modifications: Sight 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.

Good shrub layer Shrub layer removed

Permitted Buffer Modifications: Access Paths Any path shall be constructed and surfaced so as to effectively control erosion. 9 VAC a (2).

Permitted Buffer Modifications: Access 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.

Permitted Buffer Modifications: General 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.

Permitted Buffer Modifications: General Woodlot Management  Under no circumstances should a complete understory layer be removed under the claim of thinning for management.  Develop a self-sustainable, uneven stand of mixed trees, shrubs and groundcover with a floor of either leaf-litter and debris or mulch.

Permitted Buffer Modifications: Shoreline Erosion Control Measures Projects must:  Minimize land disturbance.  Preserve existing vegetation;  Meet local Comp Plan guidelines;  Complete a WQIA.

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.

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.

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 E&S and stormwater management criteria.  Minimize land disturbance.

Exceptions to the RPA Criteria  Requires public notification.  A public hearing before a local legislative body required.  Additional findings required for granting exceptions.

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.

Other Regulations That May Apply in the RPA  Erosion & Sediment Control Law  Wetlands regulations  Local ordinances  Fairfax County Water Authority Shoreline Policy

The Goal is this...

Not this...