James City County Chesapeake Bay board unanimously approves six exception requests for shoreline, decks, patios and accessory structures

WILLIAMSBURG, Va. — The James City County Chesapeake Bay/Wetlands Board on Oct. 9, 2024, voted unanimously to grant six exception requests for shore‑stabilization, small accessory structures and residential encroachments into Resource Protection Area (RPA) buffers.

Staff presentations by watershed planner Emily Grojean and applicant representatives described each proposal and the mitigation required under county rules and the Chesapeake Bay preservation ordinance. All six matters were approved with conditions ranging from planting plans and surety deposits to a mitigation‑fund payment for the largest project.

The cases and board actions:

- WJPA‑24‑0017, 1635 Harbor Road (Governor’s Land Foundation). Proposal: 60‑linear‑foot riprap sill and beach nourishment to address roughly 50 feet of shoreline erosion. Staff recommended approval, required approximately 1,275 sq ft of wetland plantings (Spartina species) and a $3,000 mitigation surety; permit expires Oct. 9, 2027. Vote: approved, 4–0.

- CBPA‑24‑0070, 113 Indian Circle (Poplar Creek). Proposal: 140 sq ft attached deck; RPA impact ~40 sq ft. Staff found the impact minor, required three planting units (3 canopy trees, 6 understory trees, 9 shrubs) and a $2,000 surety. Vote: approved, 4–0.

- CBPA‑24‑0112, 4404 Landfall Drive (Jamestown/ Landfall). Proposal: 140 sq ft deck; RPA impacts ~35 sq ft (plus 272 sq ft clearing for the home administrative approval). Staff recommended approval with a $500 surety and mitigation equal to one planting unit. Vote: approved, 4–0.

- CBPA‑24‑0091, 9931 Walnut Creek (Stone House subdivision). Proposal: 56 sq ft patio (44 sq ft new impervious in the 50‑foot buffer). Applicants proposed 7 understory trees and 15 shrubs (exceeding county requirements) and a $500 surety. Vote: approved, 4–0.

- CBPA‑24‑0079, 7734 Richmond Road (Luxstone / Luck Companies). Proposal: expand an existing parking/laydown yard by about 11,968 sq ft (0.27 acres) with 0.27 acres of RPA impact. Staff characterized impacts as major, recommended mitigation equal to 30 planting units (30 canopy, 60 understory, 90 shrubs) or a payment into the county Chesapeake Bay mitigation fund. The staff report recommended that the applicant “pay an amount equal to $15,000 or another amount as determined by staff into the county’s Chesapeake Bay mitigation fund as mitigation for this project”; staff also clarified the approval term as two years (expiring in 2026). Applicant representatives described on‑site stormwater controls and screening. Vote: approved, 4–0.

- CBPA‑24‑0111, 4025 & 4027 South Riverside Drive (Chickahominy Haven). Proposal: combine two lots to add an attached garage, expand a driveway and relocate an existing shed; total proposed RPA impervious impact 1,653 sq ft. Staff required mitigation equal to five planting units (5 canopy, 10 understory, 15 shrubs) and a $4,000 surety. Agent Chase Grogg said the planting will restore a mostly mowed lawn to a vegetated buffer. Vote: approved, 4–0.

Grojean summarized staff’s findings in multiple presentations and recommended conditions to ensure mitigation and permit compliance. A contractor for the harbor stabilization project described the work as “pretty cut and dry, straightforward.” Applicant engineers and representatives for the expansion at 7734 Richmond Road detailed stormwater BMPs and screening plans; Resilient Design’s engineer stated the design treats stormwater on‑site.

The board closed the public‑hearing agenda items after applicant presentations and brief board discussion. No public commenters opposed the proposals during the recorded public‑hearing segments. The board adjourned after completing the agenda.