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Lancaster supervisors revise waterfront-overlay rules after months of debate, 3-2

April 26, 2025 | Lancaster County, Virginia


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Lancaster supervisors revise waterfront-overlay rules after months of debate, 3-2
Lancaster County supervisors on Tuesday adopted a revision to Article 18 (the waterfront-overlay W-1) and related definitions, narrowing the overlay so it no longer extends from tidal shorelines up perennial (non-tidal) tributary streams. The motion passed on a 3-2 vote after more than two hours of public comment and board discussion.

Supporters said the change corrects an unintended effect of the 1988 overlay that has prevented ordinary family subdivisions on inland parcels for decades. "People inherited land and cannot divide it among siblings," said public commenter Miss Bill, describing a family parcel she said could not be split under the current W-1 rules. Planning staff told the board the proposed revision would remove roughly 14,000 acres from the existing W-1, leaving about 20,000 acres still subject to the overlay. Staff presented maps showing parcels in Crawford's Corner, Brown's Store and other inland locations that would be removed from W-1 if the change were approved.

The board's planning staff framed the change as targeted: the amendment retains protections adjacent to tidal marshes and shoreline water features but removes inland perennial streams from the 800-foot overlay. "This proposal is intended to effectively address the community's concerns regarding the W-1 while maintaining the original intent of the code," planning staff said during the presentation. Staff supplied figures to the board showing Lancaster County totals (about 85,120 acres countywide) and the effect of the revision on the overlay acreage.

Opponents, including local realtors, environmental professionals and residents, urged caution. Catherine Bennett, a longtime local broker, told supervisors that environmental protections are a county selling point and warned of long-term consequences: "The right answer isn't more density. The right answer is to continue protecting what makes this place extraordinary," she said. Architect and former state official Jim Bennett urged supervisors not to weaken environmental standards and said water-quality protections must begin at headwaters.

Board members split. Members voting to adopt the revision said it is a narrowly tailored correction that remedies parcel-specific problems created by modern mapping and interpretation of perennial streams. Those opposed said the revision risks opening inland areas to increased development pressure and could undermine water-quality goals the county has pursued for decades.

The board adopted the revision on a 3-2 vote. The code change removes perennial tributary streams from the 800-foot waterfront overlay but leaves in place the 2-acre minimum lot-size requirement and 200-foot average water-frontage rule where a parcel directly fronts tidal water or beaches. Other environmental controls remain unchanged, including required compliance with the Chesapeake Bay Act, erosion-and-sediment-control rules and septic/well regulations.

The board asked staff to compile a summary of the permits and subdivision requests that have been affected by the existing overlay and to report back, to help the county track the practical effects of the change.

Why this matters: Lancaster's waterfront rules have been credited by residents and businesses as a long-standing limitation on high-density development near tidal shorelines. The change narrows that protection in specific inland locations; supporters say it resolves long-running fairness and family-subdivision issues, while opponents worry it will encourage future development that could stress services and water quality.

What comes next: The ordinance revision took effect as adopted by the board. Staff will provide the board with a quarterly report on applications and cases affected by the revised W-1 boundaries.

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