AGENDA DATE: 8/20/2025
TITLE:
Title
Riparian Buffer Protection Standards Draft Ordinance
BODY
SUBJECT/PROPOSAL/REQUEST: Work session to discuss proposed ordinance amendments regulating riparian buffers
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Tevendale, Filardo, Svoboda, MacCall, Pohl, Barnes, Clark
PRESENTER (S): Scott Clark, Frank Pohl
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: A riparian buffer is an area of vegetation adjacent to a stream, wetland, reservoir, or pond. A healthy buffer contains natural vegetation for a set distance from the water body. This vegetation filters and cleans the water runoff and thus ‘buffers’ the water from human impacts, providing numerous benefits and services to people and the environment.
In December 2021, the Board of Supervisors accepted the Phase 2 recommendations of the Stream Health Initiative (SHI), which included a total of 14 programs and regulations to improve water quality and stream health in the County. Recommendation #1 from the SHI, and the first SHI project undertaken by the County, was a proposal to move the County’s existing riparian-buffer regulations from the Water Protection Ordinance (WPO) to the Zoning Ordinance (ZO). On March 16, 2022, the Board adopted a Resolution of Intent to undertake that ordinance amendment. On November 26, 2024, staff held a work session with the Planning Commission on the draft ordinance amendment (Attachment C).
The intent of this amendment is to replace the riparian buffer regulations adopted in 2014, which apply only during land disturbance activities. The proposed amendment would move the Riparian Buffer Protection Standards (RBPS) to the ZO and would apply to all uses within the defined buffers, while still exempting agricultural and silvicultural uses. This amendment would make the County’s buffer regulations more like those in effect prior to 2014. The physical extent of the riparian buffers would not change from the current WPO definitions. Rather than following the original “overlay district” approach, the proposed amendment would establish “protection standards” in Section 4 (“General Regulations”) of the ZO. This approach resolves difficulties in accurately enforcing riparian-buffer regulations caused by the lag between movements in stream systems and the updating of zoning maps, and by incomplete stream mapping. Staff’s research has found that most Virginia localities that have riparian-buffer regulations have chosen the performance-standard approach over the zoning-overlay approach.
STRATEGIC PLAN:
Safety & Well-Being - Nurture a safe and healthy Community.
DISCUSSION: This work session has two objectives: (1) review the sections proposed for amendment or addition in the ZO and receive comments from the Board; and (2) provide information on the staffing and budget implications of the proposed amendments.
Other chapters of the Albemarle County Code will be amended to address housekeeping items, and to repeal elements of the WPO that will be replaced by adding the RBPS to the ZO.
Zoning Amendments
The proposed new RBPS (Attachment A) is structured as follows:
● Section 3.1 includes new definitions needed for this amendment.
● Sections 4 (General Regulations) and 5 (Supplemental Regulations) include wording changes for consistency with the addition of section 4.23 (as summarized below).
● Section 4.23 is the proposed addition for RBPS, and would include the following sections:
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4.23.1 |
Lays out the purpose and intent of the proposed new ordinance. |
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4.23.2 |
Addresses the applicability of this section, as well as non-conforming uses and existing structures. |
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4.23.3 |
Establishes the powers and duties of the Riparian Buffer Administrator (the County Engineer or their designee), who can enforce this section in conjunction with the Zoning Administrator. |
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4.23.4 |
Defines the boundaries of the riparian buffers, which are proposed to be the same as in the current WPO. |
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4.23.5 |
Sets requirements for the submittal of site-specific determinations of the riparian buffer boundaries. It also establishes that site-specific evaluations of boundaries are subject to Riparian Buffer Administrator approval and requires such evaluations to be stamped by a relevant professional. |
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4.23.6 |
Sets general performance criteria for vegetation management in the buffers. (Note that these criteria would apply throughout the County’s riparian buffers, rather than only applying to regulated land disturbance activities as in the current WPO.) In general, this section establishes that native buffer vegetation must not be removed, and that disturbances from any permitted uses in the buffers (see 4.23.7 and 4.23.8) must be minimized. Item 2 in the proposed amendments to the Engineering Design Standards Manual (Attachment B) is a table designed to help staff provide landowners with consistent guidance regarding permitted vegetation changes and vegetation-management regimes within the riparian buffers. |
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4.23.7 |
Lists the uses that are permitted in the riparian buffers. These include agriculture, forestry, utilities, water-dependent facilities, passive-recreation facilities, historic preservation and archaeological activities, and buffer plantings. Most of these uses have relevant standards for limiting their impacts on buffers and buffer vegetation. |
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4.23.8 |
Lists uses that are permitted only when approved by the Riparian Buffer Administrator. These uses would require approval of a mitigation plan. |
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4.23.9 |
Sets the requirements for form, content, and bonding of mitigation plans required by section 4.23.8 above. |
BUDGET IMPACT: Should the Board adopt the Riparian Buffer Protection Standards Ordinance mid-year; staff will track the amount of time spent on stream determinations, mitigation plan review, compliance, enforcement, and public engagement resulting from this ordinance. This impact may result in an upcoming budget request to the Board for additional staffing based on actual staff experience. Other workload impacts, such as engineering plan review and bond estimates are anticipated to be covered by existing Engineering staff.
RECOMMENDATION:
Recommendation
Staff requests that the Board provide feedback on the draft ordinance, including responses to the following discussion questions:
● Does this draft ordinance further the goals listed in section 4.23.1?
● Does the Board have feedback about the general performance criteria in section 4.23.6?
Staff recommends that the Board: endorse the approach to riparian buffer protection shown in the draft ordinance (Attachment A) or provide additional direction to staff regarding desired changes.
ATTACHMENTS:
Attachment A - Draft Riparian Buffer Protection Standards ordinance amendment
Attachment B - Draft Engineering Design Standards Manual additions
Attachment C - November 26, 2024 Planning Commission Minutes