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Board denies after-the-fact Chesapeake Bay exception, orders removal of shore structure
Summary
The board denied an after-the-fact exception to the Chesapeake Bay Preservation Area ordinance for work at 2082 Fleetwood Road and directed the owner to remove the structure and related impervious materials (astroturf, pavers), typically within 30 days unless an extension is requested.
The Northumberland County Board of Supervisors voted July 9 to deny an after-the-fact exception to the Chesapeake Bay Preservation Area ordinance for an accessory structure and associated work at 2082 Fleetwood Road and directed removal of the impervious materials.
Planning staff described multiple prior violations at the property and ongoing coordination with state agencies, including DEQ. Planning staff recommended removal of impervious features (including astroturf and pavers) and said the board could give the property owner a standard 30-day period to comply, with staff willing to consider additional time on request.
Several supervisors described the matter as a significant and flagrant violation of the ordinance. "This is a flagrant and outlandish violation," one supervisor said, noting a stop-work order had been issued and urging the county to take appropriate action. Another member moved to deny the permit; the motion passed by voice vote.
County staff said the applicant had been notified and that the public hearing was properly advertised; staff also recommended providing notices in Spanish or using a professional translator to ensure the owner understands the decision, because the applicant is Hispanic and had limited English proficiency.
What happens next: the board's denial requires removal of the structure and associated impervious materials; staff will issue a notice of violation and monitor compliance. If the owner fails to comply, the county may seek an injunction and pursue enforcement through the courts. The record indicates some after-the-fact permit fees (triple permit fee plus $200) are applicable for other corrected violations.
