§ 94-35. Designation of resource protection areas (RPA).

(a)

At minimum, resource protection areas shall consist of lands adjacent to water bodies with perennial flow that have either 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, RPAs 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;

(4)

A 100-foot vegetated buffer area located adjacent to and landward of the components listed in subsections (a)(1) through (a)(3) of this section, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing compliance with section 94-40; and

(5)

Such other lands considered by the board to meet the provisions of subsection (a) of this section and to be necessary to protect the quality of state waters.

(b)

A RPA map is provided but shall be considered a planning tool. RPA boundaries shall be delineated by the applicant during the plan of development process or the water quality impact assessment in accordance with section 94-41.

(c)

Delineation of resource protection areas boundaries.

(1)

Site-specific information of Chesapeake Bay Preservation Area boundaries. As part of the plan of development process or during the review of the water quality impact assessment pursuant to section 94-41, applicants must submit site-specific information to the county showing whether water bodies on or adjacent to the development site have perennial flow.

(2)

After the information required in subsection (1) of this subsection (c) has been submitted to the county, the director of environmental will confirm that the site specific information reliably shows whether water bodies on or adjacent to the development site have perennial flow, and will adjust the resource protection area boundaries as necessary, based on this evaluation of the site.

(3)

If an adjusted boundary delineation conducted in subsection (2) of this subsection (c) is contested by the applicant, the applicant may seek relief by means of an appeal to the Chesapeake Bay Preservation Board. Appeals made under this section shall only be heard after the notice requirements set forth in section 94-45(b)(2) have been met.

(Ord. No. O-04-03(R1), 3-10-2003; Ord. No. O-02-18, 3-13-2018)

(Ord. No. O-04-03(R1), 3-10-2003; Ord. No. O-02-18, 3-13-2018)