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Accomack board approves removing Chesapeake Bay rules from seaside drainage area after heated debate
Summary
After extensive public comment and debate over stormwater triggers and permitting costs, the Accomack County Board adopted the June 9 amendments to the Chesapeake Atlantic Preservation Area code, removing Chesapeake Bay (CBPA) standards from the county's seaside drainage area; vote recorded with one opposing vote.
The Accomack County Board of Supervisors approved amendments to the countyzoning code to remove application of Chesapeake Bay Preservation rules from the seaside (Atlantic Ocean drainage) area, a change staff called voluntary and board members framed as a response to burdensome permitting requirements on some property owners.
Deputy County Administrator Pam Lee (presented in the transcript as "Lee Pam") told the board the CAPA amendments combine state-required resiliency updates and a local deletion of seaside coverage. She explained the county originally applied Chesapeake Bay rules to the Atlantic drainage area in 2009 as a voluntary policy. "We are proposing to delete the Chesapeake Bay regulations for the Atlantic Ocean side," she said.
Public commenters and several supervisors said the county's 2,500-square-foot review trigger and engineer-seal expectations have imposed significant costs on residents and small projects. Stormwater professional Norman Pitt described multiple reviews and engineer requirements that he said drove small jobs to require costly seals and delayed projects. "You're paying $3,500 just for engineer to sign off," Pitt said.
Board debate focused on fairness (why some existing approvals required engineering work while future projects might not), staffing and workload for plan review, and the environmental goals of the Chesapeake Bay regulations. Supporters argued the seaside's flat topography limits the need for Bay-style controls there; opponents warned of unequal treatment of earlier permittees and potential environmental consequences.
The board approved the June 9 version of the amendments by recorded voice showing eight yeas and one no. The county attorney and staff noted the resiliency changes required by state law remain mandatory; removing the seaside coverage was the discretionary local change the board adopted.
