ChesapeakeChesapeake BayBay Preservation ActPreservation Act

Overview and IssuesOverview and Issues

Presentation ToPotomac Watershed Roundtable

July 8, 2005

Joan Salvati, Director

Division of Chesapeake Bay Local AssistanceDivision of Chesapeake Bay Local Assistance

Who is Joan SalvatiWho is Joan Salvati

30 years with local government30 years with local government

Focus on building strong Focus on building strong stakeholder relationshipsstakeholder relationships

Vision: A “user-friendly” DCBLAVision: A “user-friendly” DCBLA

Statutory AuthorityStatutory Authority

1988 Chesapeake Bay 1988 Chesapeake Bay Preservation Act.Preservation Act.

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

Purpose of the Chesapeake Purpose of the Chesapeake Bay Preservation ActBay Preservation Act

Establish a cooperative program between Establish a cooperative program between State and local governments aimed at State and local governments aimed at reducing nonpoint source pollution.reducing nonpoint source pollution.

Improve water quality in the Chesapeake Improve water quality in the Chesapeake Bay and its tributaries and other state Bay and its tributaries and other state waters by requiring the “counties, cities, waters by requiring the “counties, cities, and towns of Tidewater Virginia incorporate and towns of Tidewater Virginia incorporate general water quality protection measures general water quality protection measures into their comprehensive plans, zoning into their comprehensive plans, zoning ordinances, and subdivision ordinances…”;ordinances, and subdivision ordinances…”;

CBPAs = RPAs + RMAsCBPAs = RPAs + RMAs

Chesapeake Bay Preservations Chesapeake Bay Preservations Areas (CBPAS)Areas (CBPAS)

Resource Management Areas (RMAs)Resource Management Areas (RMAs) Resource Protections Areas (RPAs)Resource Protections Areas (RPAs)

CBPAs Subject To 11 Performance CBPAs Subject To 11 Performance CriteriaCriteria

RPAs Subject to additional RPAs Subject to additional Development Criteria Development Criteria

Resource Protection AreasResource Protection Areas

Tidal wetlands;Tidal wetlands; Nontidal wetlands connected by Nontidal wetlands connected by

surface flow and contiguous to tidal surface flow and contiguous to tidal wetlands or water bodies with wetlands or water bodies with perennial flow;perennial flow;

Tidal shores;Tidal shores; Other lands;Other lands; A buffer of not less than 100 feet in A buffer of not less than 100 feet in

width landward of these features width landward of these features and along both sides of any water and along both sides of any water body with perennial flow.body with perennial flow.

Resource Management AreasResource Management Areas

FloodplainsFloodplains Highly erodible soils, including steep Highly erodible soils, including steep

slopesslopes Highly permeable soilsHighly permeable soils Nontidal wetlands not included in the RPANontidal wetlands not included in the RPA Other lands considered by the local Other lands considered by the local

government to be necessary to protect government to be necessary to protect water qualitywater quality

General Performance General Performance CriteriaCriteria

No more land shall be disturbed than No more land shall be disturbed than is necessary.is necessary.

Indigenous vegetation shall be Indigenous vegetation shall be preserved to the maximum extent preserved to the maximum extent practicable development.practicable development.

Land development shall minimize Land development shall minimize impervious cover.impervious cover.

Performance CriteriaPerformance Criteria

Plan of development review requirementsPlan of development review requirements 2,500 SF E&S Control threshold2,500 SF E&S Control threshold 5-year septic pumpout & reserve 5-year septic pumpout & reserve

drainfielddrainfield Agricultural BMPsAgricultural BMPs Silvicultural BMPsSilvicultural BMPs Proof of Wetlands Permits Proof of Wetlands Permits Stormwater management criteriaStormwater management criteria BMP maintenance agreementsBMP maintenance agreements

Permitted Uses in the RPAPermitted Uses in the RPA

Water dependent facilities.Water dependent facilities.

Redevelopment.Redevelopment.

Roads and driveways under Roads and driveways under certain circumstances. certain circumstances.

Flood control and regional Flood control and regional stormwater management stormwater management facilities under certain facilities under certain circumstances.circumstances.

The Vegetative Buffer:The Vegetative Buffer:

Minimizes the adverse effects of human Minimizes the adverse effects of human activities;activities;

Retards runoff;Retards runoff;

Prevents erosion;Prevents erosion;

Filters nonpoint source pollution from Filters nonpoint source pollution from runoff;runoff;

Must be retained if present and Must be retained if present and established where it does not exist.established where it does not exist.

Pending IssuesPending Issues

MergerMerger Perennial Flow DeterminationsPerennial Flow Determinations Intensely Developed Area Intensely Developed Area

DesignationsDesignations Compliance EvaluationsCompliance Evaluations Education & OutreachEducation & Outreach Phase IIIPhase III

MergerMerger

Storm water management is now Storm water management is now consolidated within the Division of consolidated within the Division of Soil & WaterSoil & Water

Consolidated program reviews and Consolidated program reviews and annual reportingannual reporting

Commitment to continued Commitment to continued customer servicecustomer service

Perennial Flow Perennial Flow DeterminationsDeterminations

Sound guidance developed Sound guidance developed through consensusthrough consensus

Need more training Need more training Central Virginia – July 25-27Central Virginia – July 25-27 Tidewater – August 2-5Tidewater – August 2-5 Contact Brad Belo, 804-371-7500Contact Brad Belo, 804-371-7500

IDAs/ExceptionsIDAs/Exceptions

Since exception requirements Since exception requirements changed with the 2001 regulatory changed with the 2001 regulatory amendments, several localities amendments, several localities seek to expand IDAs.seek to expand IDAs.

Policy Committee will be reviewing Policy Committee will be reviewing this issue. this issue.

Compliance EvaluationsCompliance Evaluations

Analysis of actual implementation Analysis of actual implementation “on the ground”“on the ground”

5-year cycle5-year cycle Annual reports due after Annual reports due after

compliance evaluation completedcompliance evaluation completed Contact you liaison for checklist Contact you liaison for checklist

informationinformation

Education & OutreachEducation & Outreach

Online survey recently sent out – Online survey recently sent out – Please respond!Please respond!

Annual workshop this FallAnnual workshop this Fall

Training available for the exception Training available for the exception process and other issues, as process and other issues, as neededneeded

Ordinance ReviewOrdinance Review

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

Coming soon…..Coming soon…..

We’re Here to Help….We’re Here to Help….

Tel: 804-225-3444Tel: 804-225-3444

E-mail: E-mail: joan.salvati@dcr.virginia.govjoan.salvati@dcr.virginia.gov

The Goal is this...The Goal is this...

Not this...Not this...