Current through Register Vol. 41, No. 3, September 23, 2024
Local governments must adopt the full management program,
which will consist of Phases I-III as defined in this section and including any
revisions to comprehensive plans, zoning ordinances, subdivision ordinances,
and other local authorities necessary to implement the Act. Prior to adoption,
local governments may submit any proposed revisions to the department for
comments. Criteria are provided below for local government use in preparing
local programs and the department's use in determining local program
consistency.
1. Phase I shall consist
of the designation of Chesapeake Bay Preservation Areas and adoption of the
performance criteria. This phase of designating Chesapeake Bay Preservation
Areas as an element of the local program should include:
a. Utilizing existing data and mapping
resources to identify and describe tidal wetlands, nontidal wetlands, tidal
shores, water bodies with perennial flow, flood plains, highly erodible soils
including steep slopes, highly permeable areas, and other sensitive
environmental resources as necessary to comply with Part III (9VAC25-830-70 et seq.) of
this chapter;
b. Determining, based
upon the identification and description, the extent of Chesapeake Bay
Preservation Areas within the local jurisdiction;
c. Preparing an appropriate map or maps
delineating Chesapeake Bay Preservation Areas;
d. Preparing amendments to local ordinances
that incorporate the performance criteria of Part IV (9VAC25-830-120 et seq.)
of this chapter or the model ordinance prepared by the department;
e. Establishing, if necessary, and
incorporating a plan of development review process. Local governments shall
make provisions as necessary to ensure that any development of land within
Chesapeake Bay Preservation Areas shall be accomplished through a plan of
development procedure pursuant to § 15.2-2286 A 8 of the Code of Virginia
to ensure compliance with the Act and this chapter. Any exemptions from those
review requirements shall be established and administered in a manner that
ensures compliance with this chapter.
f. Conducting a public hearing. Prior to
adopting Chesapeake Bay Preservation Areas and the performance criteria, each
local government shall hold a public hearing to solicit public comment
regarding these local program components.
g. Providing copies of the adopted program
documents and subsequent changes thereto to the department for consistency
review, as set forth in subdivision 5 of this section.
2. Phase II shall consist of local
governments reviewing and revising their comprehensive plans, as necessary, for
compliance with § 62.1-44.15:74 of the Act, in accordance with the
provisions set forth in Part V (9VAC25-830-160 et seq.)
of this chapter.
3. Phase III shall
consist of local governments reviewing and revising their land development
regulations and processes, which include but are not limited to zoning
ordinances, subdivision ordinances, and the plan of development review process,
as necessary, to comply with § 62.1-44.15:74 of the Act and to be
consistent with the provisions set forth in Part VI (9VAC25-830-180 et seq.)
of this chapter.
4. Consistent with
§§ 62.1-44.15:73, 62.1-44.15:74, and 62.1-44.15:77 of the Act local
governments may use civil penalties to enforce compliance with the requirements
of local programs.
5. Review by the
department.
a. The department will review
proposed elements of a program phase within 60 days according to review
policies adopted by the department. If the proposed program phase is consistent
with the Act, the department will schedule a conference with the local
government to determine what additional technical and financial assistance may
be needed and available to accomplish the proposed program phase. If the
proposed program phase or any part thereof is not consistent, the department
will notify the local government in writing, stating the reasons for a
determination of inconsistency and specifying needed changes. Copies of the
adopted program documents and subsequent changes thereto shall be provided to
the department.
b. The department
will review locally adopted elements of a program phase according to review
policies adopted by the board and as set forth in
9VAC25-830-260.
Statutory Authority: §§ 62.1-44.15:69 and
62.1-44.15:72 of the Code of Virginia.
