Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 830 - CHESAPEAKE BAY PRESERVATION AREA DESIGNATION AND MANAGEMENT REGULATIONS › Part IV - Land Use and Development Performance Criteria › Section 9VAC25-830-155 - Climate change resilience and adaptation criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to §
										62.1-44.15:72
				  of the Code of Virginia, this section provides criteria and requirements to
				  address coastal resilience and adaptation to sea-level rise and climate change.
				  Adaptation measures may be allowed in the Chesapeake Bay Preservation Areas
				  subject to approval by the local government, in accordance with the conditions
				  set forth in this chapter.
This section applies in addition to
					 9VAC25-830-130
					 and
					 9VAC25-830-140.
					 Local governments shall incorporate the requirements of this section into all
					 relevant ordinances and ensure their enforcement through implementation of
					 appropriate processes and documentation for oversight and enforcement. In doing
					 so, local governments shall ensure that the incorporation is consistent with
					 the water quality protections of the Act.
B. Local governments shall assess the impacts
				  of climate change and sea-level rise on any proposed land development in the
				  Resource Protection Area during the plan of development or project review
				  process. Such assessment shall be based on the Resource Protection Area as
				  delineated at the time of the proposed land development Such assessment shall
				  at a minimum:
1. Be based upon a potential
				  impact range of 30 years or the lifespan of the project if less than 30
				  years;
2. Utilize a model or
				  forecast developed by or on behalf of the Commonwealth;
3. Identify potential impacts:
a. From projected sea-level rise using the
				  2017 National Oceanographic and Atmospheric Administration (NOAA)
				  Intermediate-High scenario projection curve or any subsequently updated version
				  thereof, on the project site;
b.
				  From storm surge based upon the most updated NOAA hydrodynamic Sea, Lake, and
				  Overland Surges from Hurricanes model on the project site; and
c. From flooding based upon the most updated
				  Special Flood Hazard Area and the Limit of Moderate Wave Action on the project
				  site. Such assessment of flooding should be in conjunction with the
				  requirements and application of floodplain management requirements and
				  programs.
4. Assess the
				  potential impacts in light of the proposed land development on buffer function
				  including loss of riparian buffer vegetation and vegetation migration; water
				  migration; as well as the potential impacts resulting in additional future land
				  disturbance or development in the Resource Protection Area connected to the
				  proposed land development.
5.
				  Identify conditions, alterations, or adaptation measures for the proposed land
				  development to address these potential impacts as necessary and appropriate
				  based upon site conditions; nature, type, and size of proposed land development
				  including whether such proposed land development is in an Intensely Developed
				  Area overlay; extent of potential impacts; and the necessity to minimize future
				  land disturbance.
6. Local
				  governments may require this assessment to be submitted as part of a Water
				  Quality Impact Assessment. The specific content and procedures for the
				  assessment shall be established by each local government and shall be of
				  sufficient specificity to demonstrate compliance with this
				  requirement.
7. Based upon the
				  assessment, local governments shall, as necessary and appropriate, require
				  conditions, alterations, or the installation of adaptation measures as part of
				  the proposed land development consistent with the requirements of the Act and
				  this chapter.