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 9VAC25-830-140 - Development criteria for Resource Protection Areas

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the general performance criteria set forth
					 in
					 9VAC25-830-130,
					 the criteria in this section are applicable in Resource Protection
					 Areas.
1. Land development may be
				  allowed in the Resource Protection Area, subject to approval by the local
				  government, only if it (i) is water dependent; (ii) constitutes redevelopment;
				  (iii) constitutes development or redevelopment within a designated Intensely
				  Developed Area; (iv) is a new use established pursuant to subdivision 4 a of
				  this section; (v) is a road or driveway crossing satisfying the conditions set
				  forth in subdivision 1 d of this section; or (vi) is a flood control or
				  stormwater management facility satisfying the conditions set forth in
				  subdivision 1 e of this section.
a. A water
				  quality impact assessment in accordance with subdivision 6 of this section
				  shall be required for any proposed land disturbance.
b. A new or expanded water-dependent facility
				  may be allowed provided that the following criteria are met:
(1) It does not conflict with the
				  comprehensive plan;
(2) It complies
				  with the performance criteria set forth in
				  9VAC25-830-130;
(3) Any nonwater-dependent component is
				  located outside of Resource Protection Areas; and
(4) Access to the water-dependent facility
				  will be provided with the minimum disturbance necessary. Where practicable, a
				  single point of access will be provided.
c. Redevelopment outside locally designated
				  Intensely Developed Areas shall be permitted in the Resource Protection Area
				  only if there is no increase in the amount of impervious cover and no further
				  encroachment within the Resource Protection Area, and it shall conform to
				  applicable erosion and sediment control and stormwater management criteria set
				  forth in the Erosion and Sediment Control Law and the Virginia Stormwater
				  Management Act and their attendant regulations, as well as all applicable
				  stormwater management requirements of other state and federal
				  agencies.
d. Roads and driveways
				  not exempt under subdivision B 1 of
				  9VAC25-830-150
				  and which, therefore, must comply with the provisions of this chapter, may be
				  constructed in or across Resource Protection Areas if each of the following
				  conditions is met:
(1) The local government
				  makes a finding that there are no reasonable alternatives to aligning the road
				  or driveway in or across the Resource Protection Area;
(2) The alignment and design of the road or
				  driveway are optimized, consistent with other applicable requirements, to
				  minimize (i) encroachment in the Resource Protection Area and (ii) adverse
				  effects on water quality;
(3) The
				  design and construction of the road or driveway satisfy all applicable criteria
				  of this chapter, including submission of a water quality impact assessment;
				  and
(4) The local government
				  reviews the plan for the road or driveway proposed in or across the Resource
				  Protection Area in coordination with local government site plan, subdivision
				  and plan of development approvals.
e. Flood control and stormwater management
				  facilities that drain or treat water from multiple development projects or from
				  a significant portion of a watershed may be allowed in Resource Protection
				  Areas provided such facilities are allowed and constructed in accordance with
				  the Virginia Stormwater Management Act and its attendant regulations, and
				  provided that (i) the local government has conclusively established that
				  location of the facility within the Resource Protection Area is the optimum
				  location; (ii) the size of the facility is the minimum necessary to provide
				  necessary flood control or stormwater treatment, or both; (iii) the facility
				  must be consistent with a comprehensive stormwater management plan developed
				  and approved in accordance with
				  9VAC25-870-92
				  of the Virginia Stormwater Management Program (VSMP) regulations; (iv) all
				  applicable permits for construction in state or federal waters must be obtained
				  from the appropriate state and federal agencies, such as the U.S. Army Corps of
				  Engineers, the department, and the Virginia Marine Resources Commission; (v)
				  approval must be received from the local government prior to construction; and
				  (vi) routine maintenance is allowed to be performed on such facilities to
				  assure that they continue to function as designed. It is not the intent of this
				  subdivision to allow a best management practice that collects and treats runoff
				  from only an individual lot or some portion of the lot to be located within a
				  Resource Protection Area.