Planning Commission Sets Public Hearing on Pier and Boathouse Ordinance Amendments to Allow 'Shelter Roofs'

The Northumberland County Planning Commission voted to schedule a public hearing on proposed amendments to the county’s pier and boathouse ordinance that would allow open‑sided shelter roofs (sometimes called sun shelters) on private, noncommercial piers under specified limits.

The change would remove the ordinance language that currently forbids “open sided shelter roofs or gazebo type structures” on private, noncommercial piers and would add rules limiting shelter roofs to no more than 400 square feet and 20 feet in height. Staff also proposed minimum setback measurements: at least 100 feet from the applicant’s shoreline measured in a straight line from the intersection of the side property line with mean low water, and no less than 20 feet from the side property line at mean low water.

Planning staff and commissioners said the amendments are intended to mirror existing boathouse size and height rules and to allow a simple roof structure without walls. Philip Marston, the county zoning administrator, said the shelter‑roof language would be placed in the pier ordinance and the boathouse ordinance would be amended to reference shelter roofs alongside boat houses.

Staff and several commissioners emphasized that approvals may require coordination with the Virginia Marine Resources Commission (VMRC) and could involve a Joint Permit Application (JPA). If the JPA process generates objections, county staff said those objections would trigger the county’s conditional use permit process; Marston and other speakers noted that the VMRC may have separate limits or permit requirements that must be clarified. Commissioners also discussed notification rules: the county follows VMRC guidelines to notify owners across a creek if the waterway is less than 500 feet wide.

The draft language would treat the 400 square feet limit as an aggregate footprint, so existing pier appendages (for example, an “L‑head”) are counted toward the total allowed area; staff said they would confirm with VMRC how vertical encroachments and aggregate footprint rules apply.

Marston told the commission that a new pier would require a zoning permit and a building permit (to ensure structural strength), while the VMRC’s review and approval remain necessary before county building permits would be issued. Commissioners asked staff to consult VMRC to clarify whether a shelter roof requires a separate JPA if added later to an existing pier that already has a permitted L‑head.

A motion to schedule a public hearing on the proposed amendments to the pier and boathouse ordinance was made, seconded and carried. Staff said they would return with any clarifications from VMRC before the hearing. The public hearing will be held by the planning commission; if the commission forwards an ordinance amendment to the Board of Supervisors, that body would consider final adoption following its own process.

Commissioners asked staff to confirm how VMRC exemptions and full permits interact with county conditional use and building-permit processes so neighbors retain an ability to object where the law allows.