By Reagan Makfinsky, Larry Almariento

Faculty Mentor: John Tippett

Abstract

The Chesapeake Bay Preservation Act was created to allow for development but not in ways that harms the water quality in the Chesapeake Bay and its tributaries. The Act states that local governments in Tidewater Virginia are mainly in charge of planning and regulating land use, while the state provides support. Local county governments in Tidewater and the state have included water quality protections in the planning in zoning rules for new development. The overall goal is to prevent pollution, especially from stormwater runoff to preserve ecosystems and support long-term environmental and community health.
A few key points of the Act are Chesapeake Bay Preservation Areas (CBPAs), which include Resource Protection Areas (RPAs) and Resource Management Areas (RMAs). The RPA is the most strictly regulated zone and most sensitive zone because it includes wetlands, shorelines, and streams that directly impact water quality, along with a required vegetative buffer that is at least 100 feet wide. This buffer must remain vegetated and is intended to filter pollutants, reduce erosion, slow runoff, and protect aquatic habitats. If the buffer already exists, it must be preserved, and if it has been disturbed, it must be replanted. This is why the buffer is one of the most important components of the Bay Act and is not allowed to be reduced.

Waterfront development within the RPA is highly restricted to protect these sensitive areas. In general, new construction, clearing of vegetation, and the addition of impervious surfaces are not permitted within the buffer. However, certain limited activities may be allowed, including water-dependent uses such as docks and piers, development on lots recorded prior to October 1, 1989, and redevelopment in areas that are already heavily developed, known as Intensely Developed Areas (IDAs). Even in these few exception cases the environmental impacts are required to be limited. This means that it often requires redesign, relocation, or mitigation measures to reduce harm to the buffer and surrounding ecosystem.

When a project does not meet standard allowable uses it still has the potential to be approved through an exception process. To obtain an exception, a party must show that there is no other option and that every measure to reduce harm to the water quality has been taken. This requires submitting a Water Quality Impact Assessment (WQIA), which evaluates how the project will affect runoff, erosion, and pollution, along with a plan to mitigate those impacts. There are certain activities that are exempt from certain rules such as farming, forestry, trails, boardwalks and certain public projects. Yet, that does not exempt these activities for needing to be conducted in a way that does not negatively affect water quailty.

The Chesapeake Bay Act further reinforces the goal of protecting the Bay and its tributaries by adding additional restrictions to RPAs. Thai is demonstrated by restrictions on accessory structures such as sheds, garages, and patios that are generally not permitted, and local governments have the authority to require changes to proposed projects, including reducing their size, relocating structures, or denying them altogether if impacts are too significant. Violations of local ordinances can result in substantial penalties, including fines of up to $5,000 per day. In 2021, the Chesapeake Bay Preservation Act was updated to include resilience requirements, meaning that new development must consider sea level rise, flooding, and storm surge. Forcing to plan for the future to mitigate climate change impacts. The project is recommended to use nature-based solutions to improve environmental sustainability and protection that may include living shorelines or vegetation restoration. Overall, the Chesapeake Bay Preservation Act does not prohibit all waterfront development, but it places strict controls on how and where it can occur to ensure it is done responsibly and protects the long-term health of the Chesapeake Bay.