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State-mandated Chesapeake Bay ordinance updates headed to public hearing July 17; county must add resilience standards
Summary
Planning staff told supervisors on June 3 that changes to the Chesapeake Bay Preservation Areas regulations—driven by the state—will require York County to add coastal-resilience and sea-level-rise review steps and to update buffer and tree-preservation language.
A planning presentation on June 3 told the York County Board of Supervisors that statewide updates to Chesapeake Bay preservation regulations require local ordinance changes by state deadline.
Staff said the regulations, adopted by the Virginia Water Control Board in September 2021, emphasize coastal resilience and adaptation to sea-level rise and require localities with Chesapeake Bay preservation ordinances to incorporate new resiliency assessments for developments that encroach into Resource Protection Areas (RPAs). The draft local changes would revise the county's definition of "mature tree," modify buffer requirements and direct local reviewers to evaluate storm-surge, sea-level-rise and flooding risk for proposed projects in the RPA.
Timeline and process
- Staff said these are state-mandated changes; York County must update its local Chesapeake Bay Preservation Areas ordinance to remain the local administering authority. The county plans a public hearing on July 17 (staff initially misstated the date and corrected it during the meeting) and must adopt ordinance amendments to meet the state deadline of September 29, 2025.
What it means for waterfront property owners
- Supervisors asked whether the new requirements further limit private use of waterfront lots. Staff confirmed the changes largely formalize additional review steps already practiced in some cases—pushing development away from vulnerable shoreline areas where feasible—and include tree-preservation/mitigation standards that may require replacements for removed trees with specific ratios of trees and shrubs.
Board comments
Some supervisors expressed frustration that the county must incorporate state-mandated language after property owners already purchased waterfront lots. Staff and multiple supervisors noted the changes are part of a multi-state effort (Virginia’s Chesapeake Bay program aligns with regional efforts) and that the county is adapting the state template into local ordinance language.
Ending
Staff will bring the draft ordinance to a public hearing on July 17 and return with proposed adoption language before the September 29 state deadline.
