Portsmouth planning commission backs ordinance changes to add sea‑level rise, tree protections to Chesapeake Bay overlay

The Portsmouth Planning Commission voted to approve amendments to City Code Chapter 9.1 on Oct. 7 to add requirements that developers evaluate sea‑level rise, storm surge and coastal flooding as part of project reviews in Chesapeake Bay preservation areas.

The changes, presented by Principal Planner Valerie Malzone, add a requirement for a resiliency assessment for projects within resource protection areas, new landscaping standards that require individual identification and protection of mature trees during construction, and a provision to exempt "living shorelines" from certain performance criteria to encourage shoreline stabilization. "Localities are required to adopt these provisions by 10/31/2025," Malzone said during her presentation.

Why it matters: The amendments implement 2020 changes to the Chesapeake Bay Preservation Act and align Portsmouth's local ordinance with the Virginia Erosion and Stormwater Management Program (VESMP). The additions aim to give staff and reviewers specific standards to evaluate how proposed development would perform under higher tides, Category 1 storm surge and flooding, and to promote trees and native plantings as water‑quality tools.

Key provisions and staff rationale - Resiliency assessments: Projects within resource protection areas (RPAs) must now submit an evaluation of impacts from sea‑level rise, Category 1 storm surge and flooding. Malzone said the assessment is intended "to provide an evaluation of the impacts of sea level rise, category 1 storm surge, and flooding on each project." - Living shorelines: The ordinance was amended to exempt living shorelines from some performance criteria to encourage their use as an adaptation and shoreline stabilization measure. - Mature‑tree protections and landscaping: Landscaping plan requirements were revised to require individual identification of mature trees and standards to protect them during construction; the amendments also encourage native plant species in buffer restorations. Malzone noted the ordinance retains language allowing the removal of dead, diseased or hazardous trees when identified by a certified arborist. - Conformity with state rules: Additional edits were made to align definitions and cross references with the VESMP and to incorporate Department of Environmental Quality (DEQ) comments that followed the item’s deferral from September.

Public comment and vote There were no registered public speakers at the hearing. After discussion, commissioners moved and seconded the measure; the item was recorded as approved by a vote of 6–2–0.

Next steps The approved amendments will become part of Chapter 9.1; staff recommended an effective date of July 1, 2026 for the local ordinance language while noting the statutory requirement to adopt the required provisions by Oct. 31, 2025. DEQ review comments were incorporated prior to approval. The commission did not identify follow‑up direction requiring additional analysis beyond the DEQ revisions and the resiliency assessment requirement.

The planning staff presentation and the commission vote conclude the public‑hearing record for CA‑25‑01 on Oct. 7.