Accomack Supervisors remove seaside from Chesapeake Bay Preservation Act requirements

Accomack County Supervisors voted Wednesday to implement changes to local zoning rules that update environmental regulations and bring them in line with new state requirements. In summary the changes will remove Chesapeake Bay Preservation Act requirements from the seaside.

The  ordinance  removes county-level Chesapeake Bay Preservation Act regulations from the Atlantic Ocean watershed, often called the seaside, while adding new state-mandated resiliency standards throughout the county.

The changes affect the Chesapeake and Atlantic Preservation Area, or CAPA, Overlay District, which covers the entire county—not just waterfront areas.

The Accomack County Planning Commission reviewed the proposal during a public hearing in March and voted unanimously, six to zero, to recommend approval to the Board of Supervisors.

County officials say the amendments are required by state law and focus on improving resiliency against sea-level rise, flooding, and storm surge. The changes also include new provisions aimed at preserving mature trees.

One section of the current ordinance dealing with resource quality protection plans was  removed. County staff say those protections are already included elsewhere in the revised ordinance and that no regulatory authority will be lost.

In fact, officials say requirements for development or construction within Resource Protection Areas, known as RPAs, would become more stringent. Water quality impact assessments would still be required, and requests for exceptions would continue to be handled by the Board of Zoning Appeals.

Resource Protection Areas include tidal wetlands, tidal shores, connected wetlands, and a one-hundred-foot buffer around those sensitive environmental features. Areas outside those zones are generally classified as Resource Management Areas.

Among the most significant additions is a new requirement to consider sea-level rise when evaluating projects in Resource Protection Areas. Developers seeking to build or make improvements in those areas could be required to complete resiliency assessments showing how projects will address future flooding and related risks.

The proposal also clarifies exemptions for forestry operations overseen by the Virginia Department of Forestry and establishes more specific penalties for violations. Those penalties could include civil fines of up to five thousand dollars per day through Circuit Court, as well as a one-time civil penalty of up to ten thousand dollars imposed by the Board of Supervisors.

In summary, while the changes are required by the state they will no longer apply to property owners whose land drains to the ocean.  However property owners who wish to build or ad on to homes which drain into the Chesapeake Bay  creating more than 2500 square feet of impervious surface  will need to obtain an engineering study. The estimated  cost of the studies is $3500.

The Board voted to impliment the state required changes by a vote of 8-1 with Supervisor Donald Hart casting the one no vote.