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File #: 22-191    Version: 1 Name:
Type: Resolution Status: Consent Agenda
File created: 2/18/2022 In control: Board of Supervisors
On agenda: 3/16/2022 Final action:
Title: Resolution of Intent to Amend the Zoning Ordinance to Revise Stream Buffer Regulations
Attachments: 1. Att.A - Resolution of Intent to Amend the Zoning Ordinance for Stream Buffers, 2. Att.B Stream Health Initiative Proposal 1_Stream Buffer Overlay District
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AGENDA DATE: 3/16/2022

TITLE:
Title
Resolution of Intent to Amend the Zoning Ordinance to Revise Stream Buffer Regulations
BODY

SUBJECT/PROPOSAL/REQUEST: Adopt a resolution of intent to initiate a zoning text amendment to County Code ? 18-30 and any other sections of the Zoning Ordinance deemed relevant to clarify regulations for stream buffers.

ITEM TYPE: Consent Action Item

STAFF CONTACT(S): Richardson, Walker, Kamptner, Herrick, Filardo, Rapp, Maliszewski, Svoboda, Pohl, Fritz, Biasiolli

PRESENTER (S): Kim Biasiolli, Frank Pohl, Bart Svodoba

LEGAL REVIEW: Yes

REVIEWED BY: Jeffrey B. Richardson

BACKGROUND: During a work session on December 1, 2021, the Board of Supervisors reviewed fourteen proposals to improve stream health in the County. The proposals were developed as part of the Stream Health Initiative, a multi-year effort to engage community members and stakeholders to develop strategies and solutions for improving stream health. The Board supported the staff recommendation and directed staff to begin working on those proposals that are immediately actionable and to submit budget requests for those requiring additional resources. Proposal 1, Stream Buffer Overlay District, involves the clarification and expansion of regulations and enforcement mechanisms for retention and management of stream buffers (Attachment B).

STRATEGIC PLAN: Natural Resources Stewardship - Thoughtfully protect and manage Albemarle County's ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations.

DISCUSSION: Perpetual retention and management of stream buffers is a requirement of the Chesapeake Bay Preservation Act and was required in Chapter 17 of the County Code (Water Protection Ordinance) prior to 2014; one of the reasons cited for its removal was lack of enforcement mechanisms and capacity for enforcement. Current regulations require retention of vegetation and avoidance...

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