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James City County Chesapeake Bay Board approves exception for two retaining walls at 3319 Yarding Way
Summary
The James City County Chesapeake Bay Board on Feb. 12 approved an exception permitting two retaining walls at 3319 Yarding Way, finding the application met county ordinance conditions and that the applicants’ mitigation plan exceeded mitigation requirements.
The James City County Chesapeake Bay Board on Feb. 12 voted 5-0 to grant an exception allowing construction of two retaining walls at 3319 Yarding Way in the Stone House subdivision.
Staff said the lot is 0.59 acres and 48% of it lies inside the Resource Protection Area (RPA). Emily Grojean, watershed planner, told the board the proposal would create 1,905 square feet of administrative impacts and 228 square feet of legislative impacts — 2,133 square feet total — and that required mitigation for the impervious impacts equaled five planting units (five canopy trees, 10 understory trees and 15 shrubs). Grojean said the applicants’ mitigation plan provides five planting units plus additional understory and shrub plantings, “therefore exceeding the county's mitigation requirements.”
Grojean also summarized recommended conditions should the board approve the exception: applicants must obtain all necessary federal, state and local permits; post a surety of $3,750 acceptable to the James City County Attorney’s Office to guarantee the mitigation (five canopy trees, 11 understory trees, 16 shrubs); record an affidavit in the Williamsburg–James City County Courthouse prior to issuance of a building permit; install a six-foot chain-link fence along the limits of disturbance adjacent to the wetland system before construction begins; and begin construction by Feb. 12, 2026 unless an extension is requested in writing by Jan. 1, 2026.
Board members asked about existing erosion and the purpose of the walls. Grojean said she did not note erosion during her site visit and that the site’s steep slopes suggested the walls were likely preventive measures to improve lot usability and to limit future erosion. After brief board discussion, a board member moved to adopt the resolution granting the exception; the motion passed unanimously with all five voting members in favor.
The board’s approval carries the staff conditions listed above and requires the mitigation surety and recorded affidavit before building permits are issued.
