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Chesapeake Bay Preservation Area Designation and Management Regulations


The Chesapeake Bay Preservation Act & Local CBPA Programs

Premise of the Chesapeake Bay Preservation Act: 

Premise of the Chesapeake Bay Preservation Act Land can be used and developed in ways that minimize the impact on water quality.

Purpose of the Chesapeake Bay Preservation Act: 

Purpose of the Chesapeake Bay Preservation Act Establish a cooperative program between State and Local governments aimed at reducing nonpoint source pollution. Designed to improve water quality in the Chesapeake Bay and its tributaries by requiring wise resource management practices in the use and development of environmentally sensitive land features.

Statutory Authority: 

Statutory Authority 1988 Chesapeake Bay Preservation Act. September 20, 1989 Chesapeake Bay Preservation Area Designation and Management Regulations; amended in 1991.

Local Programs in Virginia: 

Local Programs in Virginia 84 localities in Tidewater Section 10.1-2110 of the Act gives local governments outside Tidewater, Virginia the authority to adopt the provisions of the Act and Regulations

Local Program Development: 

Local Program Development The Regulations establish the framework for local programs. Local governments have the flexibility to develop programs that reflect their unique local characteristics and that embody other community goals. The Board has staged program compliance according to three phases; Phase I, Phase II, and Phase III.

Phase I: 

Phase I Designate and map Chesapeake Bay Preservation Areas (CBPAs). Implement performance criteria within CBPAs.

CBPAs = RPAs & RMAs: 

CBPAs = RPAs & RMAs Resource Protection Areas (RPAs): Tidal wetlands Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams Tidal shores Other lands A buffer of not less than 100 feet in width landward of these features and along both sides of any tributary stream (Lands at or near the shoreline that have an intrinsic water quality value.)

Tidal Wetlands & Forested Buffer: 

Tidal Wetlands & Forested Buffer

RPA Buffer: 

RPA Buffer A 100-foot vegetated buffer area shall be retained if present and established where it does not exist. To minimize the adverse effects of human activities on the other components of the Resource Protection Area, State waters, and aquatic life.

Disturbed Buffer: 

Disturbed Buffer

Forested Buffer : 

Forested Buffer

Buffer Management: 

Buffer Management Trees may be pruned or removed to provide for sight lines and vistas – must be replaced with other vegetation that is equally effective. Paths shall be constructed and surfaced to control erosion. Dead, diseased, or dying trees may be removed. Silvicultural thinning is permitted. Trees and vegetation may be removed for shoreline erosion control projects.

Permitted Uses in the RPA: 

Permitted Uses in the RPA Two types of development are permitted in the RPA: water dependent uses, including ports, the intake and outfall structures of power plants and other plants, marinas and other boat docking structures, beaches, and fisheries; and re-development.

Exemptions in the RPA: 

Exemptions in the RPA Water wells; boardwalks, trails, and pathways used for passive recreation; and historic preservation or archaeological activities are exempt. Public roads, utilities, and railroads are exempt from the requirements of the Chapter.

Modifications to the RPA: 

Modifications to the RPA Encroachments up to 50 feet are permitted on pre-1989 lots where application of the buffer area could result in the loss of a buildable area. Agricultural Modifications: Minimum 50 feet on ag lands with BMPs. Minimum 25 feet on ag lands implementing a Conservation Plan.

Exceptions : 

Exceptions Exceptions may be granted provided that: they are the minimum necessary to afford relief; and reasonable and appropriate conditions upon the exception granted are imposed.

CBPAs = RPAs & RMAs: 

CBPAs = RPAs & RMAs Resource Management Areas (RMAs): Floodplains Highly erodible soils, including steep slopes Highly permeable soils Nontidal wetlands not included in RPAs Other lands (Lands that if improperly used or developed have potential for causing water quality degradation or for diminishing the functional value of the RPA.)



11 Performance Criteria : 

11 Performance Criteria No more land shall be disturbed than is necessary to provide for the desired use or development. Indigenous vegetation shall be preserved to the maximum extent possible.

11 Performance Criteria: 

11 Performance Criteria Localities must ensure Best Management Practice (BMP) maintenance through agreements with the owner or developer. All development exceeding 2,500 square feet shall be accomplished through a plan of development process. Land development shall minimize impervious cover.

11 Performance Criteria: 

11 Performance Criteria Any land disturbing activity that exceeds 2,500 square feet (including construction of single-family homes & septic tanks and drainfields) shall comply with the local erosion and sediment control ordinance. On-site sewage treatment systems not requiring a VPDES permit shall; a) be pumped out at least once every 5 years and b) provide a reserve sewage disposal site.

11 Performance Criteria: 

11 Performance Criteria Stormwater Management: For development and re-development currently served by BMPs, post-development nonpoint source pollution runoff load shall not exceed pre-development load based on average land cover. For redevelopment, pre-developed loads must be reduced by 10%. (Locally adopted regional stormwater Management programs that result in equivalent water quality protection apply.)

11 Performance Criteria: 

11 Performance Criteria Agricultural lands shall have a soil and water quality conservation plan. Silvicultural activities are exempt provided they adhere to the water quality protection procedures prescribed by the Department of Forestry. Local governments shall require evidence of all wetlands permits required by law prior to authorizing grading or other on-site activity.

Phase II: 

Phase II Adopt or amend a Comprehensive Plan to enhance water quality. The Bay Act Regulations require local plans to address five policy areas: Physical constraints to development Protection of potable water supply Shoreline and streambank erosion Public and private access to waterfront areas Redevelopment

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