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Commission considers notifying property owners within Chesapeake Bay resource-protection areas via annual notices
Summary
A draft proposal would require localities to include a notice on annual real-property tax or reassessment notices for properties in resource protection areas (RPAs) to warn owners about permit requirements and potential penalties under the Chesapeake Bay Act.
Senator Serville presented a compromise bill that would require localities to notify property owners when their parcel lies in a resource protection area (RPA) governed by the Chesapeake Bay Preservation Act. Serville said contractors sometimes begin work in RPAs without informing homeowners of additional approvals, creating stop-work orders and compliance problems.
“Instead we put a notice on everybody's annual property tax disclosure that indicates to homeowners that their property is located within an RPA and give them information,” Serville said, adding he revised staff language to make the notice clearer for homeowners unfamiliar with the term "RPA."
Commission members raised implementation questions. Claire Ivel, manager of human resources and fiscal services, noted localities may need to reprogram forms and that sending the notice in the annual assessment letter rather than the tax bill might be an alternative. Delegate Bowman said many property tax bills are absorbed into mortgage statements, reducing visibility, and recommended flexibility so localities could choose an appropriate annual notice method. Andrew Clark of the Home Builders Association of Virginia said an annual notice—whether part of reassessment or a separate mailing—would remind homeowners before they undertake improvements that could violate the Chesapeake Bay Act and potentially trigger fines.
Commission members flagged that some plats created before Chesapeake Bay regulations were adopted in the late 1980s and 1990s may not show RPAs on recorded plats, raising a risk that older properties will not be flagged by routine title searches. Virginia Realtors and local government associations (VML) were noted as stakeholders that had not taken a formal position; the commission said it would seek additional feedback from them and return the item for possible endorsement in December.
No formal vote or endorsement occurred; staff were asked to refine the statutory language and explore implementation options before the December meeting.
