Virginia; Living Near a Stream: An Arlington County Homeowner’s Guide to the Chesapeake Bay Preservation
Virginia; Living Near a Stream: An Arlington County Homeowner’s Guide to the Chesapeake Bay Preservation
Content
Arlington County Department of Environmental Services
Living Near a Stream: An Arlington County Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance
What is the Chesapeake Bay Preservation Ordinance (CBPO)?
In 1983, the Chesapeake Bay Agreement was signed by Virginia, Maryland, Pennsylvania, Washington, DC, and the United States Environmental Protection Agency. The agreement was based on the premise that land can be used and developed in ways that minimize impacts on water quality to help restore the Bay. Following this agreement, local governments enacted the agreement by drafting Chesapeake Bay Preservation Ordinances, which created local guidelines for development near streams and other water bodies. Arlington County adopted its original CBPO in 1992, and revised the ordinance on February 8, 2003 to comply with new State regulations.
I live near a stream. What does the ordinance mean to me?
A key component of the CBPO is the protection of environmentally sensitive areas of vegetation that exist near streams. These stream buffer areas, known as Resource Protection Areas (RPAs), help protect water quality in local streams and the Chesapeake Bay, by filtering out pollutants from stormwater runoff, reducing the volume of stormwater runoff, preventing erosion, and providing habitat. In Arlington County, a lot of development occurred before the Chesapeake Bay Preservation Ordinance was enacted in 1992. Many of the County streams and adjacent buffer areas are more severely impacted due to existing development. It is very important to protect and restore the remaining stream buffers and tree canopy in Arlington County, to help preserve these environmentally sensitive areas. As a homeowner living near an RPA, you have a unique opportunity help improve water quality in local streams and the Chesapeake Bay.
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
Why are RPAs important to protect water quality?
RPAs help protect water quality in many ways, by: • • • • • Slowing down and absorbing runoff; Reducing and preventing erosion; Providing shade for the stream and reducing water temperature; Using nitrogen and phosphorous, which are major pollutants in the Chesapeake Bay; Breaking down chemicals like pesticides and insecticides, and converting them to less toxic forms.
What happens if RPAs are not properly managed?
Because RPAs are so close to water bodies, disturbing them allows more pollutants to enter streams and, eventually, the Chesapeake Bay. Stormwater runoff picks up and carries oil from roads, soil from construction sites, fertilizers and pesticides from lawns, harmful bacteria from pet waste, and trash. In addition, if RPAs are not managed properly, stream bank and channel erosion, habitat destruction, and reduction in stream biodiversity can result. Stream buffers protect water quality, and also provide wildlife habitat and beautiful parks for all Arlingtonians to enjoy.
Figure 1. Riparian Buffer Diagram.
How do I know where the RPA is on my property?
In Arlington, RPAs include any area within 100 feet of a stream. In some locations, RPAs are extended beyond 100 feet to include adjacent steep slopes, due to the severe potential for soil erosion on these slopes. Maps of RPAs in Arlington, searchable by property address, are available on the Internet at:
www.co.arlington.va.us/des/epo/chesbay.htm
You can also call the Arlington County Department of Environmental Services for assistance (703-228-4488).
2
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
What types of things can I do in an RPA?
As a homeowner living in or near an RPA, you have an opportunity to protect local streams and the Chesapeake Bay by preserving this valuable stream buffer. Because of the limited impact on water quality, many typical homeowner activities are allowed in the RPA. For example: Gardening Typical home gardening activities are allowed, unless you are disturbing more than 2,500 square feet of land (e.g., an area 50 feet by 50 feet) or removing mature trees with a diameter of 3 inches or greater. (“Disturbing” the land means digging so that the soil is exposed and could be eroded.) Home repair and maintenance work
What RPA Activities Require County Approval?
Except for the minor activities described in the previous section, most activities in the RPA require some level of County review and approval. In general, development is allowed in an RPA as long as the overall developed area in the RPA does not increase or extend further into the RPA. Such activities in the RPA, although considered ‘allowable,’ must be approved by the County. If an activity is not considered ‘allowable,’ the property owner must request an ‘exception.’ In all cases, the County will review the proposed RPA activity to ensure that water quality is protected. The most common activities in the RPA that require County review and approval, including those that require exceptions, are described below. Decks, Additions, and Similar Projects
Repairs and maintenance work are allowed within the RPA, unless the work includes: • the creation of new impervious cover (paved surfaces or buildings), • the disturbance of more than 2,500 ft2 of land, or • the removal of mature trees with a diameter of 3 inches or greater. Trimming Vegetation for Sight Lines and Vistas Minor trimming and clearing of vegetation for reasonable sight lines and vistas is allowed. However, if such activities involve removal of trees, first contact the Department of Environmental Services at 703-228-4488 to determine if the proposed tree removal is permitted.
You must apply for an exception if you are building a deck, addition, or similar project that increases the overall developed area in the RPA relative to the existing footprint of your house and other impervious areas, extends further into the RPA, or extends into an RPA that is currently undeveloped. Building a New Home Building a new home on a lot where development already exists in a portion of the RPA is allowed, as long as: a) the overall developed area in the RPA does not increase, or b) extend further into the RPA. Otherwise, you must apply for an exception. Building a new home on an undeveloped lot is allowed in the RPA buffer ONLY in situations when the presence of the RPA buffer causes a loss of buildable area (i.e., the area of the lot outside the RPA buffer is not large enough for a reasonable structure). Otherwise, building a new home on an undeveloped lot requires an exception. To find out more about how to apply for approval for your project, please contact the Arlington County Department of Environmental Services at 703-228-4488.
3
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
How Will My Project Be Reviewed?
The County has developed guidance to determine the type and level of review your project will require. In particular, the County is developing guidelines to designate certain activities as “small projects”, which will undergo a streamlined submission and review process. For activities meeting the ‘small projects’ criteria, you will be asked to fill out a simple form with some basic information. You can submit this form with your permit application (if the activity requires a County permit) or separately, if it does not. The information may include the location of your project within the RPA, impacts on trees, proposed erosion control measures like silt fencing, and proposed vegetation replacement.
Consider replacing grass with trees, shrubs, or native ground cover, which are better for water quality and provide more habitat for wildlife. Reduce the amount of water used in your yard. Lawns only need to be watered every 5-7 days in the summer. Consider using an electric lawn mower or a push mower.
I want to be a better stream buffer steward. What can I do?
As a homeowner living near a stream, you play a critical role in protecting our local streams and the Chesapeake Bay. There are many things you can do around your home to be a better steward of the RPA stream buffer on or near your property. In the Garden Control non-native, invasive plants. Fast–growing, invasive plants such as English Ivy and kudzu can smother and kill other native plants and trees. Consider “grasscycling”, using a mulching mower to recycle the nutrients and organic matter in grass back into your lawn, instead of fertilizing. If you think you need to fertilize your lawn, get your soil tested first to find out how much and what type of fertilizer to use (Virginia Cooperative Extension at 703-228-6400). Minimize or stop using pesticides. These chemicals can damage aquatic life, even at very low levels.
Around Your Home Direct the downspouts from your roof gutters away from impervious area like driveways or streets. Place the downspouts from your gutters so they run into your yard or garden, taking care to ensure that the runoff is diverted away from your home and adjacent homes. Create a Rain Garden at home, which is a vegetated area designed to treat and filter stormwater runoff from your house or driveway. Consider installing a rain barrel or cistern, to collect rain water from your roof. You can use the water around your yard for irrigation. Use a broom, not a hose, to clean driveways and sidewalks. Car Care Wash your car on the grass, if possible, so the soapy water does not run directly into the storm drain. When washing the car, use a bucket and use the hose only for rinsing.
4
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
Or, take your car to a commercial carwash, since they are required to recycle the wash water. Check your car for leaks by placing some newspaper under the car. Get any leaks repaired quickly.
Never dump anything down a storm sewer! The water that runs into storm sewers goes directly into our local streams. If you have household hazardous waste to dispose of, you can drop it off, free of charge, at the County's Household Hazardous Waste Facility (703-228-6832).
How Can I Find Out More? Contact Department of Environmental Services at 703-2284488 or the Department of Public Works at 703-228-3629, or visit us on the web at: http://www.co.arlington.va.us/des/epo/chesbay.htm. Other Resources
Arlington County Department of Environmental Services 703-228-4488; www.co.arlington.va.us/des Arlingtonians for a Clean Environment (ACE) – A resource for public education about the local environment and for volunteer involvement in environmental improvement efforts. 703-228-6427; www.arlingtonenvironment.org Northern Virginia Conservation Trust – Consider putting a conservation easement on your property, which may save you money on taxes. 703-354-5093; www.nvct.org The Potomac Conservancy – Protects land vital to the health, beauty, and enjoyment of the Potomac River and its tributaries. www.potomac.org Rainscapes – Information on rain gardens and rain barrels www.rainscapes.org Virginia Department of Environmental Quality – Water Quality Programs www.deq.state.va.us/water/ Virginia Cooperative Extension – A resource for lawn and garden care. 703-228-6400; www.ext.vt.edu
This guide is for informational purposes only and in no way supercedes the Chesapeake Bay Preservation Ordinance. The ordinance, and not this guide, sets forth applicable legal requirements.
5
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
Dear Homeowner: Arlington County has updated its Chesapeake Bay Preservation Ordinance to comply with new Virginia state regulations. Because your property is located near a stream or open channel, you may be affected by the ordinance changes. The County has designated buffer areas around all County streams and open channels, to ensure that development near these environmentally sensitive areas is carefully planned and constructed to minimize adverse water quality impacts. This will improve the quality of the County’s streams and help restore the Chesapeake Bay. We have created this brochure to provide you with more information on the ordinance update and additional resources. Please contact the Department of Environmental Services at 703-228-4488 if you have any questions or concerns.
Arlington County Department of Environmental Services 2100 Clarendon Blvd. Suite 801 Arlington, VA 22201 703-228-4488
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Living Near a Stream: An Arlington County Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance
What is the Chesapeake Bay Preservation Ordinance (CBPO)?
In 1983, the Chesapeake Bay Agreement was signed by Virginia, Maryland, Pennsylvania, Washington, DC, and the United States Environmental Protection Agency. The agreement was based on the premise that land can be used and developed in ways that minimize impacts on water quality to help restore the Bay. Following this agreement, local governments enacted the agreement by drafting Chesapeake Bay Preservation Ordinances, which created local guidelines for development near streams and other water bodies. Arlington County adopted its original CBPO in 1992, and revised the ordinance on February 8, 2003 to comply with new State regulations.
I live near a stream. What does the ordinance mean to me?
A key component of the CBPO is the protection of environmentally sensitive areas of vegetation that exist near streams. These stream buffer areas, known as Resource Protection Areas (RPAs), help protect water quality in local streams and the Chesapeake Bay, by filtering out pollutants from stormwater runoff, reducing the volume of stormwater runoff, preventing erosion, and providing habitat. In Arlington County, a lot of development occurred before the Chesapeake Bay Preservation Ordinance was enacted in 1992. Many of the County streams and adjacent buffer areas are more severely impacted due to existing development. It is very important to protect and restore the remaining stream buffers and tree canopy in Arlington County, to help preserve these environmentally sensitive areas. As a homeowner living near an RPA, you have a unique opportunity help improve water quality in local streams and the Chesapeake Bay.
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
Why are RPAs important to protect water quality?
RPAs help protect water quality in many ways, by: • • • • • Slowing down and absorbing runoff; Reducing and preventing erosion; Providing shade for the stream and reducing water temperature; Using nitrogen and phosphorous, which are major pollutants in the Chesapeake Bay; Breaking down chemicals like pesticides and insecticides, and converting them to less toxic forms.
What happens if RPAs are not properly managed?
Because RPAs are so close to water bodies, disturbing them allows more pollutants to enter streams and, eventually, the Chesapeake Bay. Stormwater runoff picks up and carries oil from roads, soil from construction sites, fertilizers and pesticides from lawns, harmful bacteria from pet waste, and trash. In addition, if RPAs are not managed properly, stream bank and channel erosion, habitat destruction, and reduction in stream biodiversity can result. Stream buffers protect water quality, and also provide wildlife habitat and beautiful parks for all Arlingtonians to enjoy.
Figure 1. Riparian Buffer Diagram.
How do I know where the RPA is on my property?
In Arlington, RPAs include any area within 100 feet of a stream. In some locations, RPAs are extended beyond 100 feet to include adjacent steep slopes, due to the severe potential for soil erosion on these slopes. Maps of RPAs in Arlington, searchable by property address, are available on the Internet at:
www.co.arlington.va.us/des/epo/chesbay.htm
You can also call the Arlington County Department of Environmental Services for assistance (703-228-4488).
2
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
What types of things can I do in an RPA?
As a homeowner living in or near an RPA, you have an opportunity to protect local streams and the Chesapeake Bay by preserving this valuable stream buffer. Because of the limited impact on water quality, many typical homeowner activities are allowed in the RPA. For example: Gardening Typical home gardening activities are allowed, unless you are disturbing more than 2,500 square feet of land (e.g., an area 50 feet by 50 feet) or removing mature trees with a diameter of 3 inches or greater. (“Disturbing” the land means digging so that the soil is exposed and could be eroded.) Home repair and maintenance work
What RPA Activities Require County Approval?
Except for the minor activities described in the previous section, most activities in the RPA require some level of County review and approval. In general, development is allowed in an RPA as long as the overall developed area in the RPA does not increase or extend further into the RPA. Such activities in the RPA, although considered ‘allowable,’ must be approved by the County. If an activity is not considered ‘allowable,’ the property owner must request an ‘exception.’ In all cases, the County will review the proposed RPA activity to ensure that water quality is protected. The most common activities in the RPA that require County review and approval, including those that require exceptions, are described below. Decks, Additions, and Similar Projects
Repairs and maintenance work are allowed within the RPA, unless the work includes: • the creation of new impervious cover (paved surfaces or buildings), • the disturbance of more than 2,500 ft2 of land, or • the removal of mature trees with a diameter of 3 inches or greater. Trimming Vegetation for Sight Lines and Vistas Minor trimming and clearing of vegetation for reasonable sight lines and vistas is allowed. However, if such activities involve removal of trees, first contact the Department of Environmental Services at 703-228-4488 to determine if the proposed tree removal is permitted.
You must apply for an exception if you are building a deck, addition, or similar project that increases the overall developed area in the RPA relative to the existing footprint of your house and other impervious areas, extends further into the RPA, or extends into an RPA that is currently undeveloped. Building a New Home Building a new home on a lot where development already exists in a portion of the RPA is allowed, as long as: a) the overall developed area in the RPA does not increase, or b) extend further into the RPA. Otherwise, you must apply for an exception. Building a new home on an undeveloped lot is allowed in the RPA buffer ONLY in situations when the presence of the RPA buffer causes a loss of buildable area (i.e., the area of the lot outside the RPA buffer is not large enough for a reasonable structure). Otherwise, building a new home on an undeveloped lot requires an exception. To find out more about how to apply for approval for your project, please contact the Arlington County Department of Environmental Services at 703-228-4488.
3
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
How Will My Project Be Reviewed?
The County has developed guidance to determine the type and level of review your project will require. In particular, the County is developing guidelines to designate certain activities as “small projects”, which will undergo a streamlined submission and review process. For activities meeting the ‘small projects’ criteria, you will be asked to fill out a simple form with some basic information. You can submit this form with your permit application (if the activity requires a County permit) or separately, if it does not. The information may include the location of your project within the RPA, impacts on trees, proposed erosion control measures like silt fencing, and proposed vegetation replacement.
Consider replacing grass with trees, shrubs, or native ground cover, which are better for water quality and provide more habitat for wildlife. Reduce the amount of water used in your yard. Lawns only need to be watered every 5-7 days in the summer. Consider using an electric lawn mower or a push mower.
I want to be a better stream buffer steward. What can I do?
As a homeowner living near a stream, you play a critical role in protecting our local streams and the Chesapeake Bay. There are many things you can do around your home to be a better steward of the RPA stream buffer on or near your property. In the Garden Control non-native, invasive plants. Fast–growing, invasive plants such as English Ivy and kudzu can smother and kill other native plants and trees. Consider “grasscycling”, using a mulching mower to recycle the nutrients and organic matter in grass back into your lawn, instead of fertilizing. If you think you need to fertilize your lawn, get your soil tested first to find out how much and what type of fertilizer to use (Virginia Cooperative Extension at 703-228-6400). Minimize or stop using pesticides. These chemicals can damage aquatic life, even at very low levels.
Around Your Home Direct the downspouts from your roof gutters away from impervious area like driveways or streets. Place the downspouts from your gutters so they run into your yard or garden, taking care to ensure that the runoff is diverted away from your home and adjacent homes. Create a Rain Garden at home, which is a vegetated area designed to treat and filter stormwater runoff from your house or driveway. Consider installing a rain barrel or cistern, to collect rain water from your roof. You can use the water around your yard for irrigation. Use a broom, not a hose, to clean driveways and sidewalks. Car Care Wash your car on the grass, if possible, so the soapy water does not run directly into the storm drain. When washing the car, use a bucket and use the hose only for rinsing.
4
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
Or, take your car to a commercial carwash, since they are required to recycle the wash water. Check your car for leaks by placing some newspaper under the car. Get any leaks repaired quickly.
Never dump anything down a storm sewer! The water that runs into storm sewers goes directly into our local streams. If you have household hazardous waste to dispose of, you can drop it off, free of charge, at the County's Household Hazardous Waste Facility (703-228-6832).
How Can I Find Out More? Contact Department of Environmental Services at 703-2284488 or the Department of Public Works at 703-228-3629, or visit us on the web at: http://www.co.arlington.va.us/des/epo/chesbay.htm. Other Resources
Arlington County Department of Environmental Services 703-228-4488; www.co.arlington.va.us/des Arlingtonians for a Clean Environment (ACE) – A resource for public education about the local environment and for volunteer involvement in environmental improvement efforts. 703-228-6427; www.arlingtonenvironment.org Northern Virginia Conservation Trust – Consider putting a conservation easement on your property, which may save you money on taxes. 703-354-5093; www.nvct.org The Potomac Conservancy – Protects land vital to the health, beauty, and enjoyment of the Potomac River and its tributaries. www.potomac.org Rainscapes – Information on rain gardens and rain barrels www.rainscapes.org Virginia Department of Environmental Quality – Water Quality Programs www.deq.state.va.us/water/ Virginia Cooperative Extension – A resource for lawn and garden care. 703-228-6400; www.ext.vt.edu
This guide is for informational purposes only and in no way supercedes the Chesapeake Bay Preservation Ordinance. The ordinance, and not this guide, sets forth applicable legal requirements.
5
An Arlington Homeowner’s Guide to the Chesapeake Bay Preservation Ordinance – August, 2003
Dear Homeowner: Arlington County has updated its Chesapeake Bay Preservation Ordinance to comply with new Virginia state regulations. Because your property is located near a stream or open channel, you may be affected by the ordinance changes. The County has designated buffer areas around all County streams and open channels, to ensure that development near these environmentally sensitive areas is carefully planned and constructed to minimize adverse water quality impacts. This will improve the quality of the County’s streams and help restore the Chesapeake Bay. We have created this brochure to provide you with more information on the ordinance update and additional resources. Please contact the Department of Environmental Services at 703-228-4488 if you have any questions or concerns.
Arlington County Department of Environmental Services 2100 Clarendon Blvd. Suite 801 Arlington, VA 22201 703-228-4488
6
