Portsmouth council adopts ordinance adding resiliency criteria to Chesapeake Bay preservation rules

Portsmouth City Council adopted amendments to Chapter 9.1 of the Portsmouth City Code to implement changes required by the Commonwealth of Virginia to the Chesapeake Bay Preservation Area overlay rules.

The ordinance updates the city's Chesapeake Bay Preservation Area regulations to add resiliency criteria to the performance standards for development within the resource protection area. Dr. Russell, the city’s presenter, told council the changes require resiliency assessments addressing sea-level rise, flooding and storm surge for development within the landward 50 feet of the resource protection area. The amendments also add standards aimed at preserving mature trees and woody vegetation and create an exemption path for living shorelines for shoreline stabilization.

Dr. Russell said the amendments were required by the Virginia General Assembly and that the city was late in adoption because the planning commission delayed submission to allow review by the Virginia Department of Environmental Quality. "With your approval this evening, we will be in compliance with the requirements of the code of Virginia," Dr. Russell said.

Council closed the public hearing, moved to adopt the ordinance and approved the measure on a recorded roll call vote reported as 6-0. The Planning Commission had recommended approval. The ordinance's adoption will require applicants proposing development within certain buffer zones to provide a minor or major water-quality impact assessment and a resiliency assessment as part of project review.