HB 1329 — Chesapeake Bay Preservation Areas; local governments to designate Areas, etc.

SESSION history | hilite | pdf | print version 20104205D20106882D HOUSE BILL NO.

1329 OfferedAMENDMENT JanuaryIN 8,THE 2020NATURE PrefiledOF A SUBSTITUTE (Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources on January 8,29, 20202020) (Patron Prior to Substitute--Delegate Kory) A BILL to amend and reenact § 62.1-44.15:7262.1-44.15:74 of the Code of Virginia, relating to Chesapeake Bay;

---------- Patron-- Kory ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ---------- Be it enacted by the General Assembly of Virginia:

That § 62.1-44.15:7262.1-44.15:74 of the Code of Virginia is amended and reenacted as follows:

§ 62.1-44.15:72.62.1-44.15:74.

BoardLocal governments to developdesignate criteria.Chesapeake Bay Preservation Areas;

incorporate into local plans and ordinances;

impose civil penalties.

InCounties, order to implement the provisions of this article and to assist counties, cities, and towns in regulatingTidewater theVirginia shall use and development of land and in protecting the qualitycriteria ofdeveloped stateby waters, the Board shall promulgate regulations that establish criteria for use by local governments to determine the ecological and geographic extent of the Chesapeake Bay Preservation Areas.Area within their jurisdictions.

TheDesignation Boardof shallChesapeake alsoBay promulgatePreservation regulationsAreas thatshall establishbe criteriaaccomplished for use by localevery governmentscounty, incity, granting,and denying,town orin modifyingTidewater requestsVirginia tonot rezone,later subdivide,than or12 usemonths andafter developadoption landof incriteria theseby areas.the Board.

InCounties, developingcities, and amendingtowns thein criteria,Tidewater theVirginia Board shall considerincorporate allprotection factorsof relevant to the protectionquality of waterstate qualitywaters frominto significanteach degradationlocality's ascomprehensive aplan resultconsistent ofwith the useprovisions and development of land.this article.

The criteria shall incorporate measures such as performance standards, best management practices, and various planning and zoning concepts to protect the quality of state waters while allowing use and development of land consistent with the provisions of this chapter.

The criteria adopted by the Board, operating in conjunction with other state water quality programs, shall encourage and promote (i) protection of existing high quality state waters and restoration of all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them;

(ii) safeguarding the clean waters of the Commonwealth from pollution;

(iii) prevention of any increase in pollution;

(iv) reduction of existing pollution;

and (v) promotion of water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of the Commonwealth.

PriorAll tocounties, thecities, developmentand ortowns amendmentin ofTidewater criteria,Virginia the Board shall givehave duezoning considerationordinances to,that amongincorporate othermeasures things,to protect the economicquality andof socialstate costswaters andin benefitsthe whichChesapeake canBay reasonablyPreservation beAreas expectedconsistent towith obtain as a result of the adoptionprovisions or amendment of thethis criteria.article.

Zoning in Chesapeake Bay Preservation Areas shall comply with all criteria set forth in or established pursuant to § 62.1-44.15:72.

InCounties, developingcities, suchand criteriatowns thein BoardTidewater mayVirginia consultshall withincorporate andprotection obtainof the commentsquality of anystate federal,waters state,in regional,Chesapeake orBay localPreservation agencyAreas thatinto hastheir jurisdictionsubdivision byordinances lawconsistent or special expertise with respect to the useprovisions and development of landthis orarticle. the protection of water.

TheCounties, Boardcities, and towns in Tidewater Virginia shall giveensure duethat considerationall subdivisions developed pursuant to thetheir commentssubdivision submittedordinances bycomply suchwith federal,all state,criteria regional,developed orby localthe agencies.Board.

In(Contingent developingexpiration suchdate) criteria,In theaddition Boardto shall provide that any localityother inremedies awhich Chesapeake Bay Preservation Area that allowsmay thebe ownerobtained ofunder anany on-sitelocal sewageordinance treatmentenacted system not requiring a Virginia Pollutant Discharge Elimination System permit to submitprotect documentationthe inquality lieu of proofstate ofwaters septicin tankChesapeake pump-outBay shallPreservation requireAreas, suchcounties, ownercities, toand havetowns suchin documentationTidewater certifiedVirginia bymay anshall operatorincorporate orthe on-sitefollowing soilpenalties evaluatorinto licensedtheir orzoning, certifiedsubdivision, under Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain, or designother on-siteordinances: sewage systems.

1.

Any person who (i) violates any provision of any such ordinance or (ii) violates or fails, neglects, or refuses to obey any local governmental body's or official's final notice, order, rule, regulation, or variance or permit condition authorized under such ordinance shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $5,000 for each day of violation.

Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.

2.

With the consent of any person who (i) violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any local governmental body's or official's notice, order, rule, regulation, or variance or permit condition authorized under such ordinance, the local government may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation.

Such civil charges shall be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, except that where the violator is the county, city, or town itself, or its agent, the civil charges shall be paid into the state treasury.

Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subdivision 1.

Civil charges may be in addition to the cost of any restoration required or ordered by the local governmental body or official.

E.

(Contingent effective date) In addition to any other remedies which that may be obtained under any local ordinance enacted to protect the quality of state waters in Chesapeake Bay Preservation Areas, counties, cities, and towns in Tidewater Virginia may shall incorporate the following penalties into their zoning, subdivision, or other ordinances:

1.

Any person who (i) violates any provision of any such ordinance or (ii) violates or fails, neglects, or refuses to obey any local governmental body's or official's final notice, order, rule, regulation, or variance or permit condition authorized under such ordinance shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $5,000 for each day of violation.

Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established by § 62.1-44.15:29.1.

2.

With the consent of any person who (i) violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any local governmental body's or official's notice, order, rule, regulation, or variance or permit condition authorized under such ordinance, the local government may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation.

Such civil charges shall be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, except that where the violator is the county, city, or town itself, or its agent, the civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Stormwater Local Assistance Fund established by § 62.1-44.15:29.1.

Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subdivision 1.

Civil charges may be in addition to the cost of any restoration required or ordered by the local governmental body or official.