Technical Bulletin #24-10, 10.09.24
Subject: Amendments to the Chesapeake Bay Preservation Ordinance (CBPO) regarding Mature Trees and Coastal Resilience and Adaptation to Sea Level Rise
Summary:
On October 8, 2024, the Board of Supervisors (Board) adopted amendments to the Chesapeake Bay Preservation Ordinance (CBPO) regarding the preservation of mature trees and coastal resilience and adaptation to sea level rise. A copy of the amendments is posted on the Land Development Services website under Recently Adopted Amendments.
Effective Date:
The amendments became effective October 9, 2024, at 12:01 a.m.
- The requirements apply to all new plans and applications submitted on or after this date, except all previously approved Water Quality Impact Assessments (WQIAs) and Resource Protection Area (RPA) exception and exemption requests remain valid for the period indicated in the approval.
- Applicants who submitted a plan or application prior to the effective date that is then accepted for review without further modification may continue to use the criteria in effect at the time of the submission. However, the plan or application must reach approval within six months of the effective date. Any previously approved WQIAs and RPA exception and exemption approvals remain valid for the time period granted in the approval.
Background:
During the 2020 legislative session, the Chesapeake Bay Preservation Act (Bay Act) was amended to direct the State Water Control Board (SWCB) to adopt regulations that encourage and promote:
1) coastal resilience and adaptation to sea-level rise and climate change; and,
2) the preservation of mature trees or planting of trees as a water quality protection tool and to provide other natural resource benefits.
In June 2021, the SWCB adopted amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations). The first amendment requires an assessment of the impacts of sea level rise and storm surge on projects within the RPA. The second amendment includes provisions related to the preservation of mature trees.
For additional assistance, please contact Jerry Stonefield with the Site Code Research and Development Branch, at Jerry.Stonefield@fairfaxcounty.gov or 703‑324-5175, TTY 711.
Technical Bulletin 24-10:
https://www.fairfaxcounty.gov/landdevelopment/sites/landdevelopment/files/Assets/documents/24-10-amendment-chesapeake-bay-preservation-ordinance-cbpo-regarding-mature-trees-coastal-resilience.pdf
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