Albemarle County Comprehensive Plan
Public Review of Stream Buffer Regulations in Albemarle County December 6, 2017
Photo: Scott Clark
Photo: Scott Clark
First Objective of County Natural Resources Program: Conduct a thorough public review of the Stream Buffer requirements of the Water Protection Ordinance.
No legal or other requirement for review. Review is consistent with Comprehensive Plan objectives and strategies.
Today’s Agenda: • Overview of stream buffer regulations • Brief legal & historical information
• Description of public review process • Results of public review process • Staff recommendations, based on public input • Discussion, Question & Answer
Overview of Stream Buffer Regulations: General rules: Photos: Albemarle GIS-Web
Overview of Stream Buffer Requirements: Regulations come into effect only when development or land disturbing activities occur that are regulated by: • Virginia Stormwater Management Program
• Virginia Erosion & Sediment Control Program • Virginia Pollution Discharge & Elimination Program • County zoning regulations
Overview of Stream Buffer Requirements: Some activities are exempt from requirements:
Photo: M. Johnson, TJSWCD
Photo: Albemarle GIS-Web
Overview of Stream Buffer Requirements: County may allow some types of structures and activities if a mitigation plan is submitted and approved. Examples are: • Stream crossings
• Landward 50 feet of a buffer, to allow “reasonable use” of the property • Lakes, ponds, restoration projects
Overview of Stream Buffer Requirements: Some structures are allowed in buffers. Typical examples are:
• Buildings and structures that existed before February 11, 1998 • Temporary erosion and sediment control measures • Water-dependent facilities (water wells, historic preservation, passive recreation access such as trails)
Brief Legal & Historic Background Chesapeake Bay Preservation Act
Albemarle County • •
Water Resources Protection Areas Ordinance, 1991 Water Protection Ordinance, 1998
The Public Review Process to Date: April – Online survey May – Three stakeholder group meetings Farming and forestry community Development and business community Conservation community
August – Public meeting October – Public meeting, presentation to Planning Commission
Results:
Results: Many residents know little or nothing about the stream buffer regulations. Wide variety of ideas and perspectives. Clear division between residents of Rural Area and residents, advocates of Development Areas.
Results – Common Ground: Growth management policy.
Need for education. Enforcement. Frustration with “loopholes.” “One size fits all” approach does not work. Incentives to improve water quality and stream health in Development Areas.
Staff Recommendations: • Work separately on stream buffer proposals for Development Areas and Rural Area
Staff Recommendations: • Work separately on stream buffer proposals for Development Areas and Rural Area • Work on Development Areas first
Discussion, Questions
Photo: M. Johnson, TJSWCD
Photo: Albemarle GIS-Web
Photo: Scott Clark
Photo: Scott Clark
First Objective of County Natural Resources Program: Conduct a thorough public review of the Stream Buffer requirements of the Water Protection Ordinance.
No legal or other requirement for review. Review is consistent with Comprehensive Plan objectives and strategies.
Today’s Agenda: • Overview of stream buffer regulations • Brief legal & historical information
• Description of public review process • Results of public review process • Staff recommendations, based on public input • Discussion, Question & Answer
Overview of Stream Buffer Regulations: General rules: Photos: Albemarle GIS-Web
Overview of Stream Buffer Requirements: Regulations come into effect only when development or land disturbing activities occur that are regulated by: • Virginia Stormwater Management Program
• Virginia Erosion & Sediment Control Program • Virginia Pollution Discharge & Elimination Program • County zoning regulations
Overview of Stream Buffer Requirements: Some activities are exempt from requirements:
Photo: M. Johnson, TJSWCD
Photo: Albemarle GIS-Web
Overview of Stream Buffer Requirements: County may allow some types of structures and activities if a mitigation plan is submitted and approved. Examples are: • Stream crossings
• Landward 50 feet of a buffer, to allow “reasonable use” of the property • Lakes, ponds, restoration projects
Overview of Stream Buffer Requirements: Some structures are allowed in buffers. Typical examples are:
• Buildings and structures that existed before February 11, 1998 • Temporary erosion and sediment control measures • Water-dependent facilities (water wells, historic preservation, passive recreation access such as trails)
Brief Legal & Historic Background Chesapeake Bay Preservation Act
Albemarle County • •
Water Resources Protection Areas Ordinance, 1991 Water Protection Ordinance, 1998
The Public Review Process to Date: April – Online survey May – Three stakeholder group meetings Farming and forestry community Development and business community Conservation community
August – Public meeting October – Public meeting, presentation to Planning Commission
Results:
Results: Many residents know little or nothing about the stream buffer regulations. Wide variety of ideas and perspectives. Clear division between residents of Rural Area and residents, advocates of Development Areas.
Results – Common Ground: Growth management policy.
Need for education. Enforcement. Frustration with “loopholes.” “One size fits all” approach does not work. Incentives to improve water quality and stream health in Development Areas.
Staff Recommendations: • Work separately on stream buffer proposals for Development Areas and Rural Area
Staff Recommendations: • Work separately on stream buffer proposals for Development Areas and Rural Area • Work on Development Areas first
Discussion, Questions
Photo: M. Johnson, TJSWCD
Photo: Albemarle GIS-Web
