Planning Commission backs amendment to remove 50‑foot wellhead protection radius

The Westmoreland County Planning Commission voted to recommend that the Board of Supervisors approve a zoning text amendment (Case 2602‑ZA‑01) requested by John B. and Alice K. Salamond that would remove a 50‑foot wellhead protection radius requirement from the county zoning ordinance.

Kelly, planning staff for the Westmoreland County Department of Planning and Community Development, read the ordinance language to the commission, saying, "The entire wellhead protection radius shall be contained within the area of the applicant's property, an existing public or private road right of way dedicated for public access, a water body, and or recorded easement or easements with all landowners encumbered under the wellhead protection radius." Kelly described the Salamond parcel and a proposed well placement that overlaps neighboring lots, explaining that under the current code the applicants would need recorded easements from two adjacent property owners.

Staff presented multiple past examples in which homeowners sought variances or purchased easements, and said those processes often required substantial staff time and, in some cases, appeals or court involvement. Kelly noted a recent change to the Virginia Administrative Code (cited in the record as 12 VAC 5‑630‑380) that reduced some wellhead setbacks; staff said that change prompted further board of zoning appeals activity in the county.

Faced with the constrained siting, staff outlined five options typically available to property owners: purchase easements from neighbors, apply for an after‑the‑fact variance from the board of zoning appeals, appeal the staff determination, apply for a zoning text amendment to remove the requirement, or relocate the well (which staff said is often cost‑prohibitive). Kelly told the commission, "The Westmoreland County Department of Planning and Community Development supports the proposed text amendment as requested by the applicant." The presentation also cited Code of Virginia §32.1‑176.4 regarding the Virginia Department of Health's authority over private wells.

After the public comment period was opened and closed with no sustained testimony in the transcript, the commission voted by roll call to recommend approval to the Board of Supervisors. The chair announced, "the ayes have it," and the motion carried.

Next steps: the commission's recommendation will be forwarded to the Board of Supervisors for a final decision; the transcript does not specify a date for the supervisors' meeting.