Portsmouth defers Chesapeake Bay overlay changes for DEQ review

Portsmouth planning staff recommended and the Planning Commission on Sept. 2 voted to defer proposed amendments to the city’s Chesapeake Bay preservation overlay ordinance to allow the Virginia Department of Environmental Quality (DEQ) to review the proposed language.

Principal planner Valerie Malzone told the commission DEQ asked that localities submit proposed ordinance amendments prior to adoption so the state agency can identify where prior local adoptions failed to meet state requirements. Malzone said the amendments were submitted to DEQ on Aug. 20 and that the deadline for ordinance adoption is Oct. 31, 2025. "Planning department staff is recommending deferral of this case to the October planning commission public hearing in order to provide additional time for DEQ to review," she said.

Commissioners asked how the city would ensure consistency in resiliency assessments across projects, whether templates or standard forms will be provided (staff said templates have not yet been created), and how the 30‑year impact horizon will be evaluated (engineering department would determine phased work and monitoring approaches). Staff noted the proposed resiliency form would be used for all applicants and reviewed by the Chesapeake Bay preservation committee and potentially by DEQ once DEQ provides comments.

Resident Donna Biggs told the commission she would have liked maps and more visual materials to understand the overlay district and urged clearer public communication. Legal counsel advised the commission to keep the public hearing open while deferring to allow DEQ review. The commission voted to defer the item to the Oct. 7, 2025 public hearing and to keep the public hearing open until that meeting; the secretary recorded the deferral vote as 6‑2‑0.

Staff said the deferral will provide time to incorporate DEQ comments into the draft ordinance before it is returned for public hearing and recommendation to City Council.