Environmental Quality

Resource Protection Areas

Changes to Chesapeake Bay Protection Ordinance:

• It Covers More Area
• It Controls More
• It is More Stringent

Effective November 18, 2003 the Fairfax County Chesapeake Bay Protection Ordinance was amended to bring it into compliance with changes in state law. It made a lot of changes and, simply stated, all of them were strongly weighted toward increasing the protection of the watershed.

The highest protection area is in what is called a Resource Protection Area ( RPA ). Greatly simplified, RPAs include all areas within 100 feet of the Lake, together with areas within 100 feet of perennial streams and wetlands connected with them. The last 50 feet before you get to the water or wetland receives even higher levels of protection. In addition, areas within 100 year flood plains are similarly protected. The complete definition is broader, but not relevant here.

Anyone near any sort of water needs to check the maps (see below) to see whether their property falls within an RPA. Just because you do not have lakefront property does not mean you are not impacted by the Ordinance.

The changes to the Ordinance do protect existing uses and existing buildings, and maintenance is allowed. However, in any case where there are to be any additions or significant changes within the RPA, they must go through a prior approval process.

It is important to note that trees and vegetation within an RPA are also protected. However, you are allowed to undertake reasonable maintenance activities in the landscaped areas of your yard. Moving a flowerbed or replacing ornamental shrubbery or removing azalea bushes and replacing them with lawn would be permissible within the maintenance exception. The same would be true for removing a tree in your lawn. If you are thinking of removing more than one tree from portions of your landscaped yard within an RPA, it would probably be safer to check with DPWES first. However, the rules are different for areas which are in their natural state or have been allowed to "return to the wild." You probably would not be allowed to expand your lawn into them. If you wanted to remove poison ivy from there, you would need to replace it with vegetation that would similarly prevent runoff and may need to obtain advance approval from DPWES for your plan. You may remove dead or downed trees, but, again, there may be a requirement to replace them with new trees.

The Ordinance does provide for certain exceptions to allow improvements to or development of land within an RPA. However, these exceptions are carefully restricted and are available administratively through the Fairfax County Department of Public Works and Environmental Services (DPWES). In the event that DPWES cannot grant an exception under the Ordinance, application can be made to the Exception Review Committee established by the Ordinance or to the County Board for an exception which goes beyond the strict boundaries of the Ordinance.

In all cases, any exception granted will require that protection of the watershed is maximized, and approval of an exception request outside the strict boundaries of the Ordinance is hardly guaranteed. The standards are set pretty high.

General information about the changes to the Chesapeake Bay Protection Ordinance can be found in a brochure available on the web at
http://fairfaxcounty.gov/dpwes/environmental/cbay/ffxbayv3panels.pdf

In addition, there is a great deal more information about the Ordinance at: http://fairfaxcounty.gov/dpwes/environmental/cbay/

There are maps showing the areas included within the RPAs in Lake Barcroft; see below.

This is simply an overview of a very complicated subject. If you are proposing to do anything within an RPA, a careful understanding of the new provisions of the Chesapeake Bay Protection Ordinance is required.

County staff members are available to answer your questions. Call the Environmental and Facilities Review Division at 703-324-1720. Ask to speak with a stormwater review engineer.

RPA Maps

Locate the map you are interested in from the map index below, and click the link. Each map is in PDF format and is 1MB to 1.3MB in size.

Map A Map B Map C Map D Map E