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Chesapeake Bay Preservation Act Overview and Issues

Chesapeake Bay Preservation Act Overview and Issues. Presentation To Potomac Watershed Roundtable July 8, 2005. Joan Salvati, Director. Division of Chesapeake Bay Local Assistance. Division of Chesapeake Bay Local Assistance. Who is Joan Salvati. 30 years with local government

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Chesapeake Bay Preservation Act Overview and Issues

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  1. ChesapeakeBayPreservation Act Overview and Issues Presentation To Potomac Watershed Roundtable July 8, 2005 Joan Salvati, Director Division of Chesapeake Bay Local Assistance Division of Chesapeake Bay Local Assistance

  2. Who is Joan Salvati • 30 years with local government • Focus on building strong stakeholder relationships • Vision: A “user-friendly” DCBLA

  3. Statutory Authority • 1988 Chesapeake Bay Preservation Act. • September 20, 1989 Chesapeake Bay Preservation Area Designation and Management Regulations – revised March 1, 2002.

  4. Purpose of the Chesapeake Bay Preservation Act • Establish a cooperative program between State and local governments aimed at reducing nonpoint source pollution. • Improve water quality in the Chesapeake Bay and its tributaries and other state waters by requiring the “counties, cities, and towns of Tidewater Virginia incorporate general water quality protection measures into their comprehensive plans, zoning ordinances, and subdivision ordinances…”;

  5. CBPAs = RPAs + RMAs • Chesapeake Bay Preservations Areas (CBPAS) • Resource Management Areas (RMAs) • Resource Protections Areas (RPAs) • CBPAs Subject To 11 Performance Criteria • RPAs Subject to additional Development Criteria

  6. Resource Protection Areas • Tidal wetlands; • Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; • Tidal shores; • Other lands; • A buffer of not less than 100 feet in width landward of these features and along both sides of any water body with perennial flow.

  7. Resource Management Areas • Floodplains • Highly erodible soils, including steep slopes • Highly permeable soils • Nontidal wetlands not included in the RPA • Other lands considered by the local government to be necessary to protect water quality

  8. General Performance Criteria • No more land shall be disturbed than is necessary. • Indigenous vegetation shall be preserved to the maximum extent practicable development. • Land development shall minimize impervious cover.

  9. Performance Criteria • Plan of development review requirements • 2,500 SF E&S Control threshold • 5-year septic pumpout & reserve drainfield • Agricultural BMPs • Silvicultural BMPs • Proof of Wetlands Permits • Stormwater management criteria • BMP maintenance agreements

  10. Permitted Uses in the RPA • Water dependent facilities. • Redevelopment. • Roads and driveways under certain circumstances. • Flood control and regional stormwater management facilities under certain circumstances.

  11. The Vegetative Buffer: • Minimizes the adverse effects of human activities; • Retards runoff; • Prevents erosion; • Filters nonpoint source pollution from runoff; • Must be retained if present and established where it does not exist.

  12. Pending Issues • Merger • Perennial Flow Determinations • Intensely Developed Area Designations • Compliance Evaluations • Education & Outreach • Phase III

  13. Merger • Storm water management is now consolidated within the Division of Soil & Water • Consolidated program reviews and annual reporting • Commitment to continued customer service

  14. Perennial Flow Determinations • Sound guidance developed through consensus • Need more training • Central Virginia – July 25-27 • Tidewater – August 2-5 • Contact Brad Belo, 804-371-7500

  15. IDAs/Exceptions • Since exception requirements changed with the 2001 regulatory amendments, several localities seek to expand IDAs. • Policy Committee will be reviewing this issue.

  16. Compliance Evaluations • Analysis of actual implementation “on the ground” • 5-year cycle • Annual reports due after compliance evaluation completed • Contact you liaison for checklist information

  17. Education & Outreach • Online survey recently sent out – Please respond! • Annual workshop this Fall • Training available for the exception process and other issues, as needed

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

  19. We’re Here to Help…. • Tel: 804-225-3444 • E-mail: joan.salvati@dcr.virginia.gov

  20. The Goal is this...

  21. Not this...

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