Chesapeake Bay Preservation Act
The Virginia General Assembly enacted the Chesapeake Bay Preservation Act (Bay Act) in 1988. The Bay Act is a critical element of Virginia's multifaceted response to the Chesapeake Bay Agreement, which was originally signed in 1983 by Virginia, Maryland, Pennsylvania, the District of Columbia, the Chesapeake Bay Commission and the U.S. Environmental Protection Agency, establishing a partnership to protect and restore the Chesapeake Bay's ecosystem.
The Bay Act established a cooperative relationship between the Commonwealth and local governments aimed at reducing and preventing nonpoint source pollution. The beds of Virginia's streams, rivers and estuaries and the waters above them are held and managed by the Commonwealth for the benefit of all Virginians.
The Bay Act program is designed to improve water quality in the Chesapeake Bay and its tributaries by requiring the use of effective conservation planning and pollution prevention practices when using and developing environmentally sensitive lands. The principle objective of the Bay Act is to promote land use and development in ways that minimize negative impacts on water quality.
Why is the Chesapeake Bay Important?
The Chesapeake Bay provides critical habitat to more than 3,600 different species of plants, animals, fishes, and shellfishes, many of whom are threatened, locally endangered, or economically valuable to humans. The Bay watershed has an area of approximately 64,000 square miles, including land in Virginia, Maryland, the District of Columbia, Pennsylvania, West Virginia, New York, and Delaware. It is the largest and most biologically diverse estuary in the United States. Approximately 16 million people live within the Bay watershed.
What Issues Affect the Chesapeake Bay?
Run-off from urban and agricultural areas is laden with nutrients from fertilizers and chemicals. Excessive nutrients stimulate the growth of algae (called algal blooms) and pollute the Bay. The death and decomposition of algae reduces the quantity of available dissolved oxygen, resulting in fish kills and decreased productivity for Bay fisheries.
Land use changes, such as the conversion of forest or agricultural land to urban areas, increase stormwater runoff and pollution in the Bay watershed. The City of Alexandria has adopted an Environmental Management Ordinance to help protect the Chesapeake Bay from pollution and urban run-off.
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Environmental Management Ordinance
The Environmental Management Ordinance was adopted by the City in 1992 to comply with the Virginia Chesapeake Bay Preservation Area Designation and Management Regulations. The purpose of this Ordinance is to protect the quality of water in the Chesapeake Bay and its tributaries and, to that end, to require all land uses and land development in the City to:
- Safeguard the waters of the Commonwealth from pollution;
- Prevent any increase in pollution of state waters;
- Reduce existing pollution of state waters; and,
- Promote water resource conservation.
To fulfill this policy, Article XIII was adopted to minimize potential pollution from stormwater runoff, minimize potential erosion and sedimentation, reduce the introduction of harmful nutrients and toxins into state waters, maximize rainwater infiltration while protecting groundwater, and ensure the long-term performance of the measures employed to accomplish the statutory purpose.
Download the Environmental Management Ordinance
If you have any questions regarding the ordinance revisions or the stream assessment project, please call William Skrabak, Office of Environmental Quality 703.838.4334.
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Frequently Asked Questions
What is a perennial stream?
A perennial stream is a body of water that flows year-round during a year of normal precipitation. Generally, groundwater is the primary source for stream flow.
What is an RPA?
Resource Protection Areas (RPAs) are sensitive environmental corridors that should be preserved in a natural condition. The City adopted an RPA map in 1992 based on criteria provided in the Management Regulations. New State mandates require that all City streams with perennial flow must be protected by a 100-foot Resource Protection Area buffer. Therefore, the RPA map was amended in 2004 to comply with the new State requirements. The amended RPA map and new intermittent stream map depict the results of a City-wide stream classification study and the corresponding RPAs.
What am I allowed to do in the RPA area?
All land uses and structures within the RPA that exist at the time of ordinance adoption may continue as "nonconforming" uses. Property owners may also engage in passive recreational activities such as fishing, bird watching, hiking, boating, and canoeing. Except under very specific circumstances, new development in the RPA is limited to those that are considered "water dependent uses." All land disturbing activities proposed in the RPA must first be approved by the City. The property owner will need to submit a Water Quality Impact Assessment explaining the impacts of the activity and what actions will be taken to reduce these impacts.
If my home is in an RPA, can I still make an addition?
Under certain circumstances, the answer is yes. For lots that existed before March 2002, minor additions can be made to the principal structure as long as it remains intact and the modification is compatible in bulk and scale to the surrounding neighborhood. Examples are attached sunrooms, decks, garages, carports, and minor room additions. Larger additions will require an exception to the ordinance. In all cases, the City must first approve the addition.
Are decks allowed in the RPA?
Yes, but only if it is attached to the principal structure and approved by the City. Otherwise, the deck must be approved through the exceptions process.
Are new sheds allowed within an RPA? Sheds are considered to be accessory structures and may not be built without an exception to the ordinance. An existing shed may continue to be maintained, but may not be expanded.
Can I remove vegetation within an RPA?
In accordance with State regulations, existing vegetation may be removed only if approved by the City and only to provide for reasonable sight lines, access paths, removal of invasive plant species, general woodlot management, and best management practices to prevent erosion. The City determines what is reasonable through guidance provided by the Chesapeake Bay Local Assistance Board.
What if I want to redevelop my property?
You may redevelop your property as long as there is no additional encroachment into the RPA and no increase in pollution. The redevelopment must also be found compatible with the City's Master Plan. The ordinance contains specific provisions to handle cases where applying the RPA would mean the loss of buildable area. For lots that existed before March 2002, the ordinance allows an encroachment into the first 50 feet of the RPA only if it is found that there is no other reasonable alternative and measures are taken to mitigate the impacts on water quality. Any encroachment greater than 50 feet must go through an exceptions process.
What is the exception process?
While exceptions to the ordinance's RMA requirements are handled administratively by the City, exceptions to the RPA requirements must be heard by the Planning Commission at a public hearing. This hearing process is a new State mandate.
Are there penalties for violating RPA restrictions?
Noncompliance with the ordinance may result in civil and criminal penalties. Violators will also be required to restore RPAs in accordance with City guidelines.
What amendments were made to the Environmental Management Ordinance?
Recently, the Chesapeake Bay Local Assistance Board (CBLAB), the State oversight entity, adopted changes to the regulations. To comply with these changes, the City must approve amendments to the Environmental Management Ordinance. A key change in the State regulations is that a 100-foot RPA buffer must now be designated around all "waterbodies with perennial flow." This differs from the existing requirement that protects all "tributary streams." As a result of this definition change, the scope of the City's RPAs will also change. In addition to the minimum State requirements, the City is also proposing to protect natural intermittent streams with a 50 foot buffer area.
What is a perennial stream versus an intermittent stream?
A perennial stream is a body of water that flows year-round during a year of normal precipitation. Generally, groundwater is the primary source for stream flow. An intermittent stream is any natural or engineered channel with flowing water during certain times of the year, when groundwater provides for stream flow. During dry periods, intermittent streams may not have flowing water or may only have flowing water after a storm event.
Why did the City choose to protect natural intermittent streams?
Intermittent streams are often the most critical in terms of protecting downstream water quality and living resources. Intermittent streams with vegetated buffers assist in reducing sediments and nutrients delivered to larger streams, help prevent flooding, and provide valuable aquatic habitats. The 50 foot buffer is based on the findings of the 1998 Chesapeake Bay Riparian Handbook and is considered the "minimum" necessary to afford habitat protection benefits and nutrient and sediment load reductions.
How will the amendments affect my property?
Unless you are proposing to develop or redevelop your property, most homeowners will only be affected by the amendments if the property is located within an RPA. As a result of the new State regulations, the City has added approximately 1.8 miles of new RPAs and lost approximately 0.3 miles of existing RPAs. Please review the perennial and intermittent stream guidance maps to determine if your property is located within or near a protected buffer area.
How did the City map these streams?
The City conducted an assessment of over 13.6 stream miles during the fall of 2004, classifying each stream as perennial, intermittent, or ephemeral based on protocols acceptable to the Chesapeake Bay Local Assistance Board. Streams classified as perennial became the basis of the new RPA map.
Perennial Stream
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Intermittent Stream
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Where can I get additional information?
Additional information can be found by calling 703.838.4334.
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Resource Protection Areas
Resource Protection Areas (RPAs). RPAs are sensitive environmental corridors that should be preserved in a natural condition. The City adopted an RPA map in 1992 based on criteria provided in the Management Regulations. New State mandates require that all City streams with perennial flow must be protected by a 100 foot Resource Protection Area buffer. Therefore, the RPA map was amended in 2004 to comply with the new State requirements. The amended RPA map and the new natural intermittent stream map were produced from information collected during Phase I of the City-wide stream classification study. Each map depicts a restrictive buffer, 100 feet for an RPA feature and 50 feet from top of stream bank for natural intermittent streams.
Resource Management Areas (RMAs). Resource Management Areas (RMAs). The remainder of the City has been designated as an RMA. RMAs do not regulate the type of development that can occur. However, all development and redevelopment must engage in land management techniques designed to minimize adverse impacts on water quality.
RPA Facts in Alexandria
- Existing regulations already protect approximately 20 miles of streams and Potomac River shoreline with buffer areas.
- The City protects an additional 1.8 miles of stream based on the results of a City-wide stream classification study.
- The City's RPA map is for guidance purposes only. An assessment must be performed prior to a land disturbing activity to determine if any perennial waterbodies are present.
- All exceptions to the Resource Protection Area requirements must go through a public hearing process.
To fulfill this policy, Article XIII was adopted to minimize potential pollution from stormwater runoff, minimize potential erosion and sedimentation, reduce the introduction of harmful nutrients and toxins into state waters, maximize rainwater infiltration while protecting groundwater, and ensure the long-term performance of the measures employed to accomplish the statutory purpose.
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State and Regional Initiatives
Chesapeake Bay Local Assistance Program
The Department of Conservation and Recreation's (DCR) Chesapeake Bay Local Assistance program addresses the impact of land use upon the water that drains into the Chesapeake Bay. The Chesapeake Bay Local Assistance Board participates in the multi-jurisdictional Chesapeake Bay Program and assists in the implementation of the Commonwealth of Virginia's Chesapeake Bay Preservation Act and the associated Regulations.
DCR Chesapeake Bay Local Assistance Division staff provide technical assistance to regional and state agencies regarding land use and water quality protection issues. They ensure that local government comprehensive plans, zoning ordinances, and subdivision ordinances are in compliance with the Chesapeake Bay Act regulations. They provide technical and financial assistance to Tidewater communities, through publications, research projects, provision of computer equipment, providing training for local government planners and engineers, and other direct staff assistance.
For more information, please visit the CBLAD website.
Tributary Strategies
In January 2005, the Virginia Secretary of Natural Resources released the Commonwealth's Chesapeake Bay Nutrient and Sediment Reduction Tributary Strategy (Tributary Strategy), identified by the Secretary as a first step in meeting the necessary reductions of targeted nutrients and sediment called for in the Chesapeake Bay Agreement of 2000.
The Tributary Strategy offers refined nutrient and sediment reductions goals that have been established to meet the Chesapeake Bay Program's developed criteria that take into account the varying needs of different plants and animals and the differing conditions found throughout the Bay. These "living indicator" criteria include:
- Water clarity – Water with low turbidity allows sunlight to penetrate the water column and reach underwater bay grasses and other submerged aquatic vegetation (SAV). This vegetation is found in most shallow areas and provides oxygen to the water and habitat for aquatic life.
- Dissolved oxygen – Dissolved oxygen concentrations fluctuate throughout the year, but it is during the summer months when aquatic systems are most susceptible to hypoxic (low oxygen) or anoxic (no oxygen) events. Low dissolved oxygen concentrations stress aquatic life and may result in a fish kill event.
- Chlorophyll a – Chlorophyll a is used as an indicator of phytoplankton abundance. Phytoplankton abundance is related to natural cycles in nutrient availability and to the input of phosphate and nitrate.
For more information, please visit the Virginia Secretary of Natural Resources Tributary Strategies website.
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