Supervisors to Vote on Bay Act Regulations on September 21st

In 2009, the Loudoun County Board of Supervisors (LCBOS) voted to move forward with the implementation of portions of the Chesapeake Bay Preservation Act and conducted a public hearing on the issue on May 24th, 2010 (see related Leesburg Today article).  The LCBOS will consider implementing the CPBO on Tuesday, September 21st during their second business meeting this month.  The proposed regulations aim to reduce pollution runoff into Chesapeake Bay by implementing various-levels of restrictions on every property in Loudoun County.  

How Does the Proposed Chesapeake Bay Act Ordinance (CBPO) Affect Properties in Loudoun?  The CBPO affects every property owner in the County by designating each parcel as being part of a Resource Protection Area (RPA) or Resource Management (RMA).   To find out a property’s CBPO designation, follow these steps to pull up the tax map on the Loudoun County website.  It is important to review your property with both the ”Draft Chesapeake Bay Areas” and the ”Draft RPA Screening Tool” environmental map layers, although you can only select one of these layers at a time.     

1. Go to www.loudoun.gov; opening another window to do this will allow these instructions to be more accessible.
2. Click on “Assessments/Parcels” under e-Services
3. Click on box “Yes” at bottom
4. Click on circle “Property Address”
5. Put your address in empty box (do not use “Drive”)
6. Click box “Submit”
7. Click on “Map It”
8. Click “Yes” box
9. Click on “Map Layers” on top left tab
10. Click on “Land Records” box
11. Click on “Environmental”
12. Click box for “Buildings” and for “Draft Chesapeake Bay Areas”, then scroll down and click the “Apply” button.  Print. 
13. Unclick box for “Draft Chesapeake Bay Areas” and instead click box for “Draft RPA Screening Tool”.  Scroll down and click the “Apply” button.  Print.

According to the County, an RPA property has an intrinsic water quality value and is sensitive to impacts that cause degradation of state waters.  If a property is in an RPA, property owners are required to protect perennial streams (those that flow year-round) and non-tidal wetlands contiguous to other water bodies by imposing a 100-foot management buffer or setback from all bodies of water.  If a property is in an RPA, property owners are required to obtain a grading permit before initiating any land disturbing activity over 2,500 square feet and may be required to pay for an RPA delineation to confirm the location of the RPA and an engineered plan before moving forward with a property improvement/project. According to the County, an RPA delineation may cost between $1,700-$4,350 for 1/2 acre parcel and an engineered plan between $300-$1,200.

Detached accessory structures (garages, sheds, dog houses, gazebos, patios, pools) are not allowed in the RPA setback unless the property owner seeks a special exception. Exceptions will be reviewed at a public hearing by an appointed Bay Act Board. .

If a property falls within the rest of the County or an RMA, property owners are required to obtain a grading permit before initiating any land disturbing activity over 2,500 square feet of land for a property improvement project.  For all properties, a 100 percent reserve drainfield is required for new construction and all septic systems must be pumped out every five years.
 
For parcels used for agricultural purposes, the aforementioned requirements apply along with rules associated with cropland encroaching into the buffer if the property is in an RPA.  For instance, cropland may encroach 50 or 75 feet into the management buffer if Best Management Practices (BMPs) are used (i.e. fencing, plant management).  Grazing by farm animals within the buffer is permitted as long as a two-inch, 90% vegetative cover that is equally distributed is maintained.  In the event that a permanent vegetative cover cannot be maintained, BMPs, including fencing and alternative water systems, may be required.  If fencing is required, then it must be built 25 feet from the water body.

What is the Status of the CBPO?  After months of consideration, the Loudoun County Board of Supervisors (LCBOS) will vote to consider the proposed Chesapeake Bay Preservation Act Ordinance (CBPO) on Tuesday, September 21st during their second business meeting next month. 

How do I find out more about the CPBO?  For more information, please see the presentation made by County staff to DAAR members earlier in the year, the County's website on the proposed CBPO, www.bigloudoun.com, Loudoun Environmental Council, DAAR's call to action website www.chesbayalert.com, the Loudoun County Chamber of Commerce or contact the County's CBPO voice mail hotline at 703/777 -0655.

Is the County Conducting Outreach on the CBPO?  In response to less-than positive feedback received from the public and Homeowner Associations (HOAs), in particular, the LCBOS continues to conduct outreach meetings with County residents.  In an effort for members to understand the CBPO's impact on properties, DAAR encourages members to attend community meetings scheduled for :

Saturday, September 18, 2010 Loudoun County will host an information session for local homeowners associations (HOAs)  from 9:00 a.m. to 12 noon in the Board Room of the Loudoun County Government Center, 1 Harrison Street, S.E. in Leesburg.   

How can I express my views on the CBPO?  DAAR encourages members and their clients to continue to express their views on the proposed Bay Act regulations by attending the next public input session before the Board of Supervisors on Monday, September 20th, 6:00 pm at the Loudoun County Government Center, 1 Harrison Street, S.E., Leesburg, VA or by visiting our call-to-action site at www.chesbayalert.com

Questions?  Contact Christine Windle, Public Policy and Communications Director, DAAR, 703/579-0304 or cwindle@dullesarea.com