Norfolk staff to propose Chesapeake Bay text amendment to add resilience assessments after state rule changes

Planning and environmental services staff told the commission Aug. 14 that changes to Virginia's Chesapeake Bay preservation regulations require localities to add a "resilience assessment" to development reviews covering projected storm surge and sea‑level rise over a 30‑year window.

Staff summarized the state timeline and local implications: the state adopted the requirement in 2020 and has issued interim guidance and a model ordinance; staff reported they recently received notice the state is in a comment period on the model ordinance and is likely to grant an extension of the local adoption deadline (previously listed as October 2025). Staff proposed initiating a local text amendment to amend the Chesapeake Bay preservation overlay, the zoning and site‑plan chapters, and the administrative processes to incorporate resilience assessments and describe how the assessments will be used in permitting.

A planning staff member warned the commission that the requirement presents implementation challenges for small projects and homeowners. "We have to take information of a person that wants to build a shed or a deck ... and run it through a resilience assessment to see how that development would be impacted by sea‑level rise or storm surge over the next 30 years," staff said, noting the difficulty of producing parcel‑level, usable guidance without slowing permitting. Staff said the city expects to rely on state tools such as the AdaptVA resilience assessment and will propose which scenario(s) to apply; staff said they were leaning toward the intermediate‑high sea‑level rise scenario and a Category 2 storm surge as the balance between realism and avoiding alarm.

Staff emphasized they intend to propose ordinance text and the procedural changes together so that the code and the permitting workflow align; they also said they will engage local builders (the Coastal Virginia Builders Association) in drafting the local approach to avoid disparate regional responses.

Commissioners asked about specifics (what scenario, how to present results to homeowners, whether suggested mitigation measures could be required). Staff said most localities currently treat the assessment as informational but noted the Code of Virginia allows jurisdictions to use the assessment to inform approvals and require relocation or additional site improvements; staff said Norfolk is exploring a middle way that provides usable, timely information for small permits while preserving redevelopment gains made under the city's existing Chesapeake Bay program.

Next steps: staff will bring a proposed initiation item for text amendments so the city can secure a state extension and continue to refine ordinance language and process changes.