Planning commission backs zoning changes to incorporate Chesapeake Bay resiliency rules and new RPA penalties
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Summary
The commission recommended that the Board of Supervisors adopt amendments to the Chesapeake Bay Preservation Overlay District to incorporate state-mandated resiliency measures, tree-preservation language and civil penalties (including $5,000-per-day fines), after staff briefed the panel and commissioners raised questions about enforcement and town/county jurisdiction.
The Accomack County Planning Commission voted to recommend that the Board of Supervisors approve amendments to Chapter 106 of the county zoning ordinance to incorporate state-mandated Chesapeake Bay resiliency regulations, strengthen tree preservation, and clarify resource-protection-area (RPA) requirements.
Staff said the changes consolidate and replace an older resource-quality protection plan section, maintain water-quality protections, and add resiliency assessments to address sea level rise, storm surge and flooding. Lee Panda, deputy county administrator for community and economic development, said the amendments were reviewed with legal counsel and are mandated by state law.
Panda told commissioners the draft includes stricter requirements for encroachments into RPAs and sets civil penalties: staff cited civil penalties of $5,000 per day for ongoing violations and a one-time civil penalty of $10,000 to be assessed by the Board of Supervisors. Panda also noted mitigation options and that certain forestry activities would be exempt and overseen by the Virginia Department of Forestry.
Several commissioners expressed concern about the severity of potential fines and practical enforcement. One commissioner said the penalties and restrictions could effectively prevent property owners in the RPA from making even minor changes without risking daily fines; Panda responded that the amendments implement state requirements and that mitigation, waivers and Board of Zoning Appeals review remain available.
The planning commission voted in favor of recommending the ordinance amendments to the Board of Supervisors; staff said the Board will consider the measure in a subsequent public meeting. The recommendation clears the way for the board to decide whether to adopt the revised Chapter 106 language.