Chesapeake Bay Act Requirements

Surry County and the towns of Surry and Claremont are subject to the Chesapeake Bay Preservation Act (Bay Act). The three jurisdictions each have adopted specific program elements as established under the Bay Act and the accompanying Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations). 

 

The purpose of local Bay Act programs is to protect and improve water quality in local waters and the Chesapeake Bay by requiring the implementation of effective land use and development management practices. 

 

Local Bay Act programs must include:

  1. A map generally depicting Chesapeake Bay Preservation Areas (CBPAs).
  2. Performance criteria applying in CBPAs that pertain to the use, development and redevelopment of land.
  3. Zoning or other ordinance that incorporates measures to protect the quality of state waters within CBPAs and requires compliance with the performance criteria.
  4. A subdivision ordinance that incorporates measures to protect the quality of state waters in CBPAs and ensures that all subdivisions in CBPAs comply with the performance criteria.
  5. A plan of development process prior to the issuance of a building permit to ensure that the use and development of land in CBPAs is accomplished in a manner that protects the quality of state waters.
  6. A comprehensive plan that incorporates the protection of CBPAs and quality of state waters in the locality.
  7. A website that publishes the above required elements and criteria adopted to implement the local program.

 

Chesapeake Bay Preservation Areas:

Chesapeake Bay Preservations Areas include Resource Protections Areas and Resource Management Areas. The Resource Protection Area (RPA) includes tidal wetlands and tidal shores, non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow, and a 100-foot vegetated buffer located adjacent to and landward of the components listed above, and along both sides of any water body with perennial flow. The Resource Management Area (RMA) includes land types that, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Area. In addition, the RMA must be provided contiguous to the entire inland boundary of the RPA and may consider sensitive environmental features such as floodplains, highly erodible soils including steep slopes, highly permeable soils, and nontidal wetlands not included in the RPA.

Surry County’s zoning ordinance, Section 3-1402 D defines the RMA as, “all remaining areas of the County which are located within the James River Watershed.” Surry County offers an RMA opt-out provision (Section 3-1402 E) that may apply if a lot or parcel does not possess any of the following RMA features: the 100-year floodplain, non-RPA wetlands, highly erodible and highly permeable soils, and slopes in excess of 15%.  An environmental site assessment (see Section 3-1402 E 2) shall be submitted as evidence of the limits of the RMA. 

 

The Town of Surry’s Zoning Ordinance, Section 6-2-2, defines the RMA as all areas of the Town of Surry that are not classified as RPA, and also offers an RMA opt-out provision (Section 6-2-3) that may apply if a lot or parcel does not possess a RPA feature, or does not possess RMA features which will be disturbed by any proposed land disturbing activity with the following features: being in the 100-year floodplain; nontidal wetlands not connected by surface flow and contiguous to tidal wetlands, tributary streams or other tidal waters; having highly erodible and highly permeable soils; and slopes in excess of 15 percent. Also lots or parcels of record within the RMA requesting to opt-out of RMA requirements must not be located adjacent to a lot which possesses an RPA feature. An environmental site assessment as provided for in Section 6-4-2 shall be submitted as evidence of the limits of the RMA features.

 

The Town of Claremont’s zoning ordinance, Section 28-5 C, defines the RMA as the following land categories: floodplains; areas with highly erodible and highly permeable soils that are contiguous to the RPA; areas with steep slopes greater than 15% that are contiguous to the RPA; non-tidal wetlands not included in the RPA designation that are contiguous to the RPA; and a 100-foot buffer located adjacent to any RPA where none of the above components are present. In addition, the Town’s ordinance also requires that where RMA boundaries encompass a portion of a lot or parcel, the entire lot or parcel shall comply with the overlay district requirements. Finally, the Town’s ordinance provides for an opt-out from the RMA requirements on those portions of a lot or parcel that demonstrate the absence of RMA components, according to a site-specific delineation of RMA limits. 

 

CBPA Mapping:

Locally designated Chesapeake Bay Preservation Areas have been depicted on adopted Bay Act maps for Surry County and the towns of Surry and Claremont. These maps are to be used as a guide for applicants and local staff as to the general location of RPAs and RMAs on lots and parcels and should be used for planning purposes only. Once a project is proposed, a site-specific location of the RPA and the RMA must be determined using the processes specific to each locality. 

 

The locally adopted CBPA maps can be found here: 

 

Surry County CBPA Map

Town of Surry CBPA Map 

Town of Claremont CBPA Map

 

Local Program Implementation:

Surry County and the towns of Surry and Claremont are responsible for implementing their respective Bay Act programs. Both towns have signed a Memorandum of Understanding with the County of Surry which provides assistance during the implementation of some aspects of town Bay Act program requirements; however, town officials should be contacted first, and as early in the project decision-making process as possible (i.e. prior to application for a building permit) to determine what is necessary for compliance with the local Bay Act program.

 

The Surry County Bay Act program is administered through the Planning and Community Development Department, located at 45 School Street and can be reached by calling 757-294-5210. The Town of Claremont government office is located at 4115 Spring Grove Avenue and can be reached by calling 757-866-8427. The Town of Surry government office is located at 31 Colonial Trail East and can be reached by calling 757-294-3021.

 

Performance Criteria:

As required by the Bay Act and Regulations, each local government has adopted ordinance provisions that incorporate performance criteria for development within CBPAs.  Additionally, each local government addresses the limits of land development and disturbance in the RPA, including satisfying requirements during site plan review and plans of development review for sight-specific RPA delineation (using DEQ-approved wetland delineation and perennial stream determination protocols) and water-quality impact assessments.  And each local government has adopted processes for administrative waivers and/or exceptions, as needed. 

 

Surry County Zoning and Subdivision Ordinances 

Town of Surry’s Zoning and Subdivision Ordinances 

Town of Claremont’s Chesapeake Bay Preservation Ordinance

Town of Claremont’s Subdivision Ordinance

 

Comprehensive Plans:

Water quality and protection provisions as required by the Bay Act have been included in each local government’s comprehensive plan which can be found here:

 

Surry County’s Comprehensive Plan

Town of Surry’s Comprehensive Plan

Town of Claremont’s Comprehensive Plan

 

More Information:

You can learn more about the Bay Act and the Virginia Department of Environmental Quality’s role in providing general program oversight, guidance, and technical assistance to all 84 local governments subject to the Chesapeake Bay Preservation Act on the DEQ website.