Portsmouth City Council on a 6-0 vote adopted an ordinance amending Chapter 9.1 of the Portsmouth City Code to implement changes required by state law that add resiliency and sea-level-rise considerations to development reviews in the Chesapeake Bay Preservation Area.

Dr. Russell, the city presenter, said the state amended the Chesapeake Bay Preservation Act and requires localities with Bay programs to update ordinances to include resiliency standards. The changes, she said, will require minor or major water-quality impact assessments for development within the 50 landward feet of the resource protection area and add a resiliency assessment addressing sea-level rise, flooding and storm surge. The amendments also create an exemption to permit living shorelines and add standards to preserve mature trees and woody vegetation in resource protection areas.

"We were required to adopt the proposed amendments to our Chesapeake Bay ordinance, which impact our Chesapeake Bay program by October 31," Dr. Russell said during the presentation. She told council the city was about 25 days late in adopting the ordinance because the Planning Commission delayed action pending Virginia Department of Environmental Quality review.

Mayor Glover asked why the ordinance matters; Dr. Russell said the Chesapeake Bay Act and local implementation aim to reduce pollutant loads and improve water quality in the Bay. She noted historical and recent water-quality assessments, saying that while the Bay's score has improved since 1989, continued careful enforcement and higher-quality development review are needed to keep improving conditions.

Council closed the public hearing with no public speakers, moved to adopt the ordinance and approved it by roll call, 6-0.

The ordinance updates the city’s Chesapeake Bay Preservation Area Overlay District performance standards to require resiliency documentation and additional permitting steps where new or expanded development would affect resource protection buffers. With adoption, Portsmouth will move to implement the new permitting and review requirements described by the city presenter.

The council did not identify immediate next steps or an implementation timeline at the meeting; Dr. Russell said the changes implement Virginia code requirements and clarified that additional permit documentation would be required for development in the regulated buffer areas.