Chesapeake Bay Preservation Areas

• Virginia's Chesapeake Bay Preservation Area Designation and Management Regulations (PDF) (9VAC10-20 et seq.) require local governments to implement ordinances designed to protect and restore the quality of perennial streams and their associated non-tidal wetlands, as the conditions in these environments have been determined to directly affect the condition of the Chesapeake Bay. The County of Henrico regulates these environments through development restrictions in these sensitive areas.

  Chesapeake Bay Preservation Areas include Resource Protection Areas and Resource Management Areas. Development restrictions and requirements in these sensitive environments are described in § 10-31 et seq. of the Code of the County of Henrico.

  General requirements are included below:

  REQUIREMENTS

  All Chesapeake Bay Preservation Areas must be clearly identified on the plans in accordance with § 10-31 et seq. and § 24-106.3 et seq. of the Code of the County of Henrico.

  Resource Protection Areas include tidal waters, tidal wetlands, perennial streams and their associated wetlands. While the USGS 7.5 minute topographic maps provide information regarding whether a particular stream is perennial (solid blue lines), the County utilizes site specific evidence to determine if a particular stream is perennial. Some of the criteria used to make this determination are included at the end of this section. Resource Management Areas (RMA's) include areas having highly erodible soils, highly permeable soils, steep slopes, nontidal wetlands not included in the RPA, base flood hazard areas, and at least the 100-foot area contiguous to the RPA.

  We strongly recommend that the environmental inspector be contacted as soon as possible to review flagging of any waters and/or wetlands boundaries and/or Resource Protection Area boundaries. Final plans must reflect all such boundaries. The location of orange safety fence or non-tearable yellow and black barricade tape, silt fence for protection of the Resource Protection Area and wetlands areas and for the clearing limits adjacent to those areas must be shown on the plans.

  Plans will not be distributed at the pre-construction meeting if the appropriate type of fencing and/or flagging are not in place at the site.

  Additional Requirements for Residential Subdivisions

  On all construction plans, lots that contain Resource Protection Areas must be identified with a single asterisk (*) and the note listed in italics below.

  Lots marked with an * have limitations for dwelling shape, size, and location. If a lot contains a RPA or RPA buffer, these areas are to remain undisturbed and are to be protected from all construction or land disturbing activities.

  On all record plats, lots that contain Resource Protection Areas must be identified with a single asterisk (*) and the note listed in italics below.

  Lots marked with an * have limitations for dwelling shape, size, and location. If a lot contains a RPA or RPA buffer, these areas are to remain undisturbed and are to be protected from all construction or land disturbing activities. See construction plans on file in the Planning Office for additional details.

  There must be a minimum buffer equal to the rear yard setback established by the Planning Department between the Resource Protection Area buffer boundary in the rear yard and the buildable area. There is a 25-foot minimum buffer between the buildable area and the Resource Protection Area buffer boundary located within or adjacent to the side yard.

  "Environmental Protection Area" signs are required to be installed along the boundary of the Resource Protection Area within residential subdivisions prior to the pre-construction meeting in accordance with Minimum Standard 9.13. These signs must be in place prior to distribution of the plans at the pre-construction meeting.

  WAIVERS AND EXCEPTION REQUESTS

  All requests for exceptions or waivers must be made in writing to the Director of the Department of Public Works and submitted to the project review engineer. It will be the review engineer's responsibility to coordinate all requests. It is our goal to have all requests responded to within 12 working days of receipt of the applicant's letter.

  It must be stated with your request if you are requesting an exception from the Chesapeake Bay Act or NPDES. It must also state the specific reason for the exception request (i.e., Resource Protection Area (RPA) buffer reduction).

  Exceptions may be granted provided that exceptions to the requirements are the minimum necessary to afford relief, and reasonable and appropriate conditions upon any exception granted are imposed as necessary, so that the purpose and intent of the Act are preserved. Prior to granting any exception the Director of Public Works/County Engineer shall find that:

  1. Strict application of the requirements would produce an undue hardship;

  2. The hardship is not shared generally by other properties in the same vicinity;

  3. The authorization of such exception will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed;

  4. The project complies with all other County requirements; and

  5. Water quality shall be preserved to the maximum extent practicable.

  Your exception request must demonstrate in writing what the undue hardship is, and that all other conditions have been met. Please note, cost is generally an issue shared by others and would not qualify as a hardship under #1 and #2.

  RPA Buffer Exceptions

  In all cases where an exception is requested for an encroachment into the RPA, a water quality impact assessment, as defined in § 10-35 et seq. of the Code of the County of Henrico, must be submitted.

  On lots recorded prior to October 1, 1989, modification to the buffer area width may be allowed by the Director of the Department of Public Works/County Engineer in accordance with the following criteria:

  1. Modifications to the buffer area shall be the minimum necessary to achieve a reasonable buildable area for the principal structure and necessary utilities.

  2. Where possible, an area equal to the area encroaching the buffer must be established elsewhere on the lot to maximize water quality protection.

  3. In no case shall the remaining portion of the buffer be less than 50 feet in width.

  Lots recorded between October 1, 1989 and November 15, 1991 are eligible for transitional exceptions. (see § 106.3 of the Code of the County of Henrico).

  On lots recorded after November 15, 1991 an exception will be required for any proposed buffer reduction (excluding BMP's). An exception will be granted only if the buffer requirements would produce an undue hardship (see previous hardship comments). Again, the exception request must clearly demonstrate the undue hardship.

  For any proposed BMP which is to be located in the landward (upper) 50 feet of the buffer, it must be demonstrated that locating a BMP in the buffer is the best, or perhaps, only solution based on topographic or soil limitations. All buffer reductions must be the minimum amount necessary to site the BMP.

  Waivers

  The Director of the Department of Public Works/County Engineer may waive or modify the requirements for additions, modifications or alterations to existing structures in RPAs provided that;

  1. There will be not net increase in nonpoint pollutant loads; and

  2. Any development or land disturbance of 2,500 square feet or more complies with the erosion and sediment control requirements of § 10-31 et seq. of the Code of the County of Henrico; and

  3. Additions shall be built outside RPA's where possible.