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Augusta County adopts Chapter 9 environmental ordinance updates to align with state code
Summary
The Board approved amendments to Chapter 9 of the county code to conform to recent changes in state law, add a farm-building agreement option for up to 5 acres, require easements to the 1% watershed point in some cases, limit off-site nutrient credit purchases to parcels within the county, and formalize graduated civil charges for enforcement.
Augusta County supervisors approved amendments to Chapter 9 (Environment) of the county code on June 2, county staff said during a public hearing and presentation.
Staff told the board the state code has changed "significantly in the past couple years," and the county amendments primarily update local language to maintain compliance, update program names and definitions, and codify several long-standing practices. "One of those definitions that's of particular interest to Augusta County in activities is the extra exemption for farm building and structures. So now you can get an agreement in lieu of a plan for up to 5 acres of farm building or farm disturbance," the staff presenter said.
Among the substantive changes staff highlighted: codifying that an easement to the 1 percent point of a watershed may be required when relying on watershed-based compliance for runoff; restricting purchased nutrient credits or compensation to open-space parcels within the county boundary rather than allowing out-of-county purchases; and formalizing a graduated civil-charges enforcement program instead of a single, steep statutory penalty.
Staff also confirmed there is no change in routine stormwater maintenance responsibilities established on subdivision plats since about 1995: maintenance for most modern subdivisions is the property owner's responsibility, while county maintenance continues for certain older subdivisions or where the county assumed responsibility. Staff said maintenance responsibility could instead fall to a homeowners association if an HOA is bound by the stormwater legal agreement.
During the public hearing board members and residents asked clarifying questions about maintenance responsibility for specific easements and about the farm-building exemption; staff answered that the exemption is limited to five acres and that the ordinance does not change existing maintenance procedures for older subdivisions.
A motion to approve the Chapter 9 amendments was made, seconded and adopted by the board following the public hearing.
