Section 110. Site-specific refinement of Chesapeake Bay Preservation Area boundaries

Local governments shall, as part of their plan of development review process pursuant to subdivision 1 e of 9VAC25-830-240 or during their review of a water quality impact assessment pursuant to subdivision 6 of 9VAC25-830-140, ensure or confirm that (i) a reliable, site-specific evaluation is conducted to determine whether water bodies on or adjacent to the development site have perennial flow and (ii) Resource Protection Area boundaries are adjusted, as necessary, on the site, based on this evaluation of the site. Local governments may accomplish this by either conducting the site evaluations themselves or requiring the person applying to use or develop the site to conduct the evaluation and submit the required information for review.

Historical Notes

Former 4VAC50-90-110 and 9VAC10-20-105 derived from Volume 18, Issue 09, eff. March 1, 2002; amended and renumbered, Virginia Register Volume 29, Issue 04, eff. November 21, 2012; amended and renumbered, Virginia Register Volume 30, Issue 02, eff. October 23, 2013.

Statutory Authority

§§ 62.1-44.15:69 and 62.1-44.15:72 of the Code of Virginia.