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Board upholds staff finding after appeal over tree clearing and easement at 110 Rivers Bluff
Summary
The Board of Supervisors upheld a notice of violation tied to a recorded natural open‑space easement after a public appeal by the property owners. Staff had sought enforcement under the county’s stormwater and easement provisions; the board affirmed the staff decision.
The James City County Board of Supervisors on March 2025 voted to uphold a county enforcement action after a contested appeal over vegetation work on land along the James River in the Kingsmill subdivision.
Section chief Michael Wilson of the county’s Stormwater Resource Protection program told the board staff had issued a notice of violation tied to a recorded deed of natural open space (instrument number 010004471) after observing tree canopy loss and disturbed soil on property between 100 and 110 Rivers Bluff. Wilson said the open space easement — recorded in 2001 as part of long‑term stormwater management requirements — requires the easement property “shall remain in its natural condition with respect to natural leaf litter or other ground covering vegetation, understory vegetation or shrub layer, and tree canopy,” and that removal or damage to vegetation requires the county engineer’s written consent.
Attorney John Dooley, representing the appellants (the Dodds), told the board his clients had paid a separate fine resolving a Chesapeake Bay preservation ordinance violation earlier in the meeting and argued their actions were limited to limbing and pruning rather than the “land disturbing activity” described in the stormwater ordinance. Christina Dodd, one of the homeowners, said she believed only a single dead tree had been removed during their ownership and that stumps and canopy loss predated their purchase. County counsel and staff disputed that explanation, pointing to stump appearance, photos, and the deeded natural open space as evidence of easement disturbance.
Assistant County Attorney Andrew Dean told the board the recorded natural open space easement was part of the county’s long‑term stormwater maintenance framework and cited language in James City County Code chapter 8 that requires preservation of vegetative functions when an open‑space easement is used to meet stormwater requirements.
After argument, a board member moved to “uphold the county staff’s decision.” The motion passed on a roll‑call vote: unanimous (aye votes recorded by the clerk). The board’s public action affirmed the staff’s administrative enforcement posture; staff had earlier informed the board it intended to pursue the maximum stormwater management fine available under county code (staff had referenced a requested citation amount of up to $32,500 during the presentation). Separately, the Dodds had resolved a Chesapeake Bay preservation ordinance citation earlier in the meeting for the maximum fine of $10,000, a resolution the board approved on the consent calendar prior to the appeal hearing.
The board did not direct a specific remediation plan on the record at the hearing; staff said replanting the steep bluff area posed feasibility challenges. The record shows the affected bluff area belongs to the Kingsmill Community Services Association (KCSA); county staff said KCSA did not authorize the work in the natural open space.
The board’s decision is final for administrative purposes and subject to judicial review in the Circuit Court of James City County under the county code procedures referenced to the board during the hearing.
