Planning & Community Development

Chesapeake Bay Preservation Area

UDO §31-415

General Overview

In 1988, the Virginia General Assembly enacted the Chesapeake Bay Preservation Act (CBPA) which required all Tidewater Virginia localities to establish local programs to protect and improve water quality in the Chesapeake Bay watershed and its tributaries. Each locality was required to define its Chesapeake Bay Preservation Areas and establish enforcement procedures to ensure compliance with state regulations.

In response to the Chesapeake Bay Preservation Act, the City of Suffolk adopted regulations into its Zoning Ordinance on September 19, 1990 known as the Chesapeake Bay Preservation Area Overlay District. All land located within the Chesapeake Bay Preservation Area Overlay District is subject to special restrictions to prevent damage to water quality within the rivers and streams draining into the Chesapeake Bay.

The purpose of the Chesapeake Bay Preservation Act is to protect and improve water quality by reducing stormwater runoff of nonpoint source pollution. When it rains, pollutants from developed and undeveloped land are picked up in stormwater runoff and deposited into rivers and streams. Examples of nonpoint source pollution include sediments generated from construction, agricultural, silvicultural or other land disturbing activities, nutrients such as nitrogen and phosphorous from fertilizers, pesticides, animal waste, lawn care products and petroleum products such as oil from automobiles. Areas that have been disturbed by construction activities often transport many of these pollutants into our waterways. Also, land in agricultural production can contribute to water pollution problems. Reducing the amount of nonpoint source pollution that enters the Chesapeake Bay watershed will help to improve the water quality of the Bay.

Chesapeake Bay Preservation Areas

The Chesapeake Bay Preservation Area Overlay District includes standards that are applied to development activities within the CBPA. These standards ensure that water quality is protected by reducing non-point source pollution through the treatment of stormwater runoff. In addition, the preservation of existing trees and natural vegetation is important to protecting water quality within the watershed.

Chesapeake Bay Preservation Areas are made up of three separate components: Resource Protection Areas (RPA’s), Resource Management Areas (RMA's) and Intensely Developed Areas (IDA's).

Resource Protection Areas (RPA's) are comprised of lands at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform. A 100-foot vegetated buffer adjacent to the shoreline is effective in reducing non-point source pollution in stormwater runoff before it enters our waterways. Protecting the 100-foot RPA buffer is one of the main components of the Chesapeake Bay regulations.

The vegetation within the RPA buffer acts as a filter to remove non-point source pollution from stormwater runoff. As stormwater runoff drains through the vegetation within the buffer area, the trees, shrubs and groundcover in the buffer act as a barrier which slows down the runoff and allows the pollutants to settle out or be filtered into the soil. RPA buffers protect water quality by reducing the amount of pollutants that enter the rivers and streams that drain to the Bay.

The RPA buffer also reduces shoreline erosion, provides habitat for wildlife and moderates water temperatures by providing shaded areas along waterways for aquatic species.

The components of a RPA in Suffolk include:

• tidal wetlands
• tidal shores
• non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams
• drinking water reservoirs that serve as a source of drinking water for the region
• a 100-foot vegetated buffer area located adjacent to and landward of the above components.

RPA areas in the City of Suffolk include the following waterbodies and their tributary streams:

James River	Cohoon Creek	Lake Prince
Nansemond River	Burnetts Mill Creek	Lake Burnt Mills
Hoffler Creek	Cedar Creek	Cedar Lake
Streeter Creek	Campbell Creek	Quaker Neck Creek
Knotts Creek	Lake Meade	Lone Star Lakes
Bennett Creek	Lake Kilby	Speights Run
West Creek	Lake Cahoon	Western Branch Reservoir
Shingle Creek	Chuckatuck Creek

Resource Management Areas (RMA's) are contiguous to RPA's and may include flood plains, highly erodible soils associated with steep slopes, non-tidal wetlands not included in the RPA and other lands necessary to protect water quality. If these lands are improperly developed or used, the potential exists to cause significant water quality degradation or diminish the functional value of the RPA. Development proposals exceeding 16% impervious area must treat stormwater runoff through the use of Best Management Practices (BMP's) to ensure that non-point source pollution does not impact water quality.

In the City of Suffolk, the RMA includes all land outside of the RPA that is within the Chesapeake Bay watershed (see map).

Intensely Developed Areas (IDA's) are potential redevelopment areas where development is already concentrated. These areas have existing high density residential, commercial and industrial development where little of the natural environment remains. The water quality benefits of the RPA buffer have also been reduced because development has severely altered the natural state of the area. In IDA's, opportunites are explored to re-establish the 100' RPA buffer where possible and to reduce the non-point source pollution when properties are redeveloped.

What can I build in the RPA buffer?

All new development must be located outside of the 100-foot RPA buffer. Land development may only be allowed within the RPA if the project involves a water dependent facility such as marinas or other boat docking structures or shoreline erosion control structures. Flood control or stormwater management facilities may be located within the RPA only if certain conditions are satisfied.

What if my property was subdivided prior to the Chesapeake Bay Preservation Act?

If your property was subdivided prior to the effective date of the regulations (September 19, 1990), the application of a 100-foot RPA buffer may impact the ability to build on certain parcels of land. The CBPA Overlay District provides administrative relief to develop in the RPA on “pre-recorded” lots of record through the submittal of an “Encroachment Application”. In reviewing an “Encroachment Application”, it must be determined that the encroachment is the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities. The encroachment may not extend into the seaward 50 feet of the buffer area. In addition, the property owner must revegetate the buffer area elsewhere on the lot or parcel in a manner that will maximize water quality protection. The Planning Director can authorize Encroachment Permits.

Can I remove vegetation in the Resource Protection Area?

In order to maintain the functional value of the buffer area, vegetation may be removed only in certain circumstances. Trees may be pruned or removed only as necessary to provide reasonable sight lines. Dead, diseased or dying trees may also be removed. Any vegetation that is removed from within the RPA buffer must be replaced with other vegetation that is equally effective in preventing erosion and removing pollutants from stormwater runoff. Removal of trees, shrubs and groundcover within the RPA buffer is only allowed if approved by the City of Suffolk Department of Planning. City staff will work with property owners to develop a plan to manage the RPA buffer area.

Can I build an accessory structure in the RPA?

Accessory structures such as detached garages, sheds, swimming pools, gazebos and patios must be located outside of the RPA buffer. No encroachment into the 100-foot RPA buffer is permitted for accessory structures. A property owner can make a written request for an exception to this requirement which requires approval by the City of Suffolk Planning Commission. Unenclosed wood decks are permitted within the 100-foot RPA buffer as long as trees and shrubs are not removed during construction.

What if I want to build an addition to an existing house in the RPA?

If a property owner proposes to construct an addition to an existing structure that was built within the RPA buffer, an “Encroachment Application” must also be processed by the City of Suffolk Department of Planning. In no case can an existing accessory structure be enlarged in the RPA.

A homeowner has the ability to request an “Exception” to the buffer area requirement and development criteria for RPA's. Such a request for an Exception shall be made in writing to the Department of Planning. If applicable, a public hearing will be held by the City of Suffolk Planning Commission. Certain findings must be made in order to make a final decision regarding the approval/denial of an Exception request application. The findings that must be made are outlined in the Chesapeake Bay Preservation Area Overlay District regulations found in Section 31-415 of the Unified Development Ordinance.

What is a BMP?

The City of Suffolk requires the submittal of a Water Quality Impact Assessment (WQIA) for any proposed development within the CBPA. A WQIA must demonstrate that land development will not increase the amount of non-point source pollution in stormwater runoff. Treating non-point source pollution can be managed by installing a Best Management Practice (BMP). BMP's are methods in which non-point source pollutants can be removed from stormwater runoff. A BMP functions by trapping stormwater and holding it for a designed time period or by allowing stormwater to filter into the soil (2). Examples include a retention or detention pond, infiltration structures such as dry-wells or trenches and grassed swales. In addition, the planting of “low maintenance” landscaping in a mulched bed can be used to remove pollutants from runoff (2). A WQIA will determine the best type of BMP required for your particular project.

All proposed development projects in the Chesapeake Bay Preservation Area Overlay District require the submittal of a site plan and WQIA to be reviewed by the City of Suffolk Department of Planning. If you have any questions or would like additional information about the requirements of the Chesapeake Bay Preservation Overlay District, you may contact the Department of Planning at (757) 514-4060.

Other sources of information:

• City of Suffolk web site - http://www.suffolk.va.us
• Department of Conservation and Recreation web site - http://www.dcr.state.va.us 101 North 14th Street, 17th floor, Richmond, VA 23210 1-800-CHESBAY

References:
1)“Chesapeake Bay Preservation Program City of Suffolk, Virginia”; Redman/Johnston Associates, Ltd., July 1990.
2)“A Guide to the Bay Act”; Department of Conservation and Recreation, Division of Chesapeake Bay Local Assistance
3)“Got Buffer?” brochure; Chesapeake Bay Local Assistance Department, 2004.

Acknowledgement:
This brochure was funded, in part, by a grant from the Department of Conservation and Recreation, Division of Chesapeake Bay Local Assistance.