9 Va. Admin. Code § 25-830-80 - Resource Protection Areas
A. At a minimum, Resource Protection Areas
shall consist of lands adjacent to water bodies with perennial flow that have
an intrinsic water quality value due to the ecological and biological processes
they perform or are sensitive to impacts which may cause significant
degradation to the quality of state waters. In their natural condition, these
lands provide for the removal, reduction or assimilation of sediments,
nutrients and potentially harmful or toxic substances in runoff entering the
bay and its tributaries, and minimize the adverse effects of human activities
on state waters and aquatic resources.
B. The Resource Protection Area shall
include:
1. Tidal wetlands;
2. Nontidal wetlands connected by surface
flow and contiguous to tidal wetlands or water bodies with perennial
flow;
3. Tidal shores;
and
4. Such other lands considered
by the local government to meet the provisions of subsection A of this section
and to be necessary to protect the quality of state waters.
5. A buffer area not less than 100 feet in
width located adjacent to and landward of the components listed in subdivisions
1 through 4 of this subsection, and along both sides of any water body with
perennial flow. The full buffer area shall be designated as the landward
component of the Resource Protection Area notwithstanding the presence of
permitted uses, encroachments, and permitted vegetation clearing in compliance
with Part IV (9VAC25-830-120 et seq.) of this
chapter.
C. Designation
of the components listed in subdivisions 1 through 4 of subsection B of this
section shall not be subject to modification unless based on reliable,
site-specific information as provided for in
9VAC25-830-110 and subdivision 6 of
9VAC25-830-140.
D. For the purpose of generally determining
whether water bodies have perennial flow, local governments may use one of the
following methods as long as the methodology is adopted into the local program
and applied consistently:
(i) designation of
water bodies depicted as perennial on the most recent U.S. Geological Survey
7-1/2 minute topographic quadrangle map (scale 1:24,000)or
(ii) use of a scientifically valid system of
in-field indicators of perennial flow. However, site-specific determinations
shall be made or confirmed by the local government pursuant to
9VAC25-830-110.
E. A locality is not required to
designate a Resource Protection Area adjacent to a daylighted stream. However,
a locality that elects not to designate a Resource Protection Area adjacent to
a daylighted stream shall use a water quality assessment as identified in
subdivision 6 of
9VAC25-830-140 to ensure that
proposed development on properties adjacent to the daylighted stream do not
result in the degradation of the stream. The objective of this assessment is to
ensure that practices on properties adjacent to daylighted streams are
effective in retarding runoff, preventing erosion, and filtering nonpoint
source pollution.
Notes
Statutory Authority: §§62.1-15:69 and 62.1-15:72 of the Code of Virginia.
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