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Work group reviews proposals to warn homeowners that land lies inside Chesapeake Bay resource‑protection areas
Summary
Lawmakers and builders discussed ways to inform property owners that part of their land is inside Chesapeake Bay resource protection areas (RPAs), including a proposal to place a notice on annual real‑estate tax bills.
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The Virginia work group considered proposals to improve homeowner notice that a parcel lies in a Chesapeake Bay resource protection area, a designation that limits land disturbance and can trigger steep fines.
Senator Scott Serval described repeated constituent harms caused by contractors or homeowners who proceed without recognizing RPA restrictions. He cited examples of homeowners facing large compliance costs — including one case he said led to about $400,000 to remove illegally placed fill — and urged clearer, earlier notice to buyers.
Why it matters: Resource protection areas are locally designated under the Chesapeake Bay Preservation Act to protect streams and shorelines. Violations can trigger local enforcement actions and significant remediation costs. Supporters said many homeowners simply do not know their property is subject to RPA rules until enforcement occurs.
Proposed approaches and testimony - Andrew Clark of the Home Builders Association of Virginia said local enforcement offices are thinly staffed and suggested using documents homeowners already pay attention to — the annual real‑estate tax bill — to deliver a prominent notice when property is in an RPA. "When you're getting your real estate tax bill and know what you're gonna have to pay, you're gonna pay a lot of attention to that," Clark said. - Josette Bulova of the Virginia Municipal League said the organization had no formal position yet and urged the work group to consider the wide variety of local assessment practices; some localities do not send assessment notices annually. - Speakers noted alternative approaches such as a mandatory sticker or assessment notice, but said differences in local practice and assessment cycles complicate a single statewide solution.
Technical clarifications discussed - RPAs are identified by localities based on proximity to streams and other water features; local wetlands boards may have permitting jurisdiction for shoreline work. - Some activity that does not require a standard construction permit (small disturbances under local thresholds) may still violate RPA rules and require remediation. - The "living shoreline" requirement for some shoreline repairs means simple replacement of hard bulkheads may be disallowed if a new structure is proposed.
Outcome: The work group did not adopt legislation at the meeting. Members asked staff and stakeholders to continue refining practical notice options that would reduce inadvertent violations without unduly burdening local governments or interfering with legitimate construction.
Ending: The discussion closed with agreement to keep studying notice formats and local implementation constraints before proposing a legislative fix.
