环境法律 and the 切萨皮克 Bay Preservation Act: W在这里 Local Knowledge is a “Must” - October 2015

by 詹姆斯·T. 朗

生活在 水提供了美丽的景色, 有机会划船、钓鱼和其他娱乐设施, all of which come with a (sometimes hidden) cost because the waterfront is subject to a complicated web of environmental laws and regulations. Among these, the 切萨皮克 Bay Preservation Act (found at Virginia code §§ 62.1-44.15:67 to 62.1-44.(15:79)的独特之处在于它是地方政府的产物, 政府监督最少, 也没有联邦政府的作用. Those with concerns relating to the Act need look no further than their town/city council or local board of supervisors.

由于 the predominant influence of local government in this area of environmental law, it is wise to seek representation by an environmental attorney with the experience and local knowledge necessary to develop a successful compliance strategy for a particular project or to provide defense services if authorities have already issued a “show cause” or a “summons” due to an alleged violation.  

采用 1988, with significant amendments in 2012 and 2013, the Act, at Virginia code § 62.1-44.15:74, 指导城镇, cities and counties to determine the boundaries for the 切萨皮克 Bay Preservation Area within their jurisdiction, 确定在区内实施的措施，以保护海湾, 并在《澳门亚洲博彩平台排名》中予以体现, 分区条例(如适用)及分区条例. T在这里 are 46 cities and counties and 43 towns that border the tidal waters of the 切萨皮克 Bay, and each is required by the Act to adopt an individually tailored program.

Ch的esapeake Bay Preservation Area delineated by the City of 切萨皮克, 例如, can be viewed 在这里.

Just as each locality has flexibility to determine the measures to be implemented within the 切萨皮克 Bay Preservation Area, they have similar flexibility in designing their own bureaucracy to administer the Act. 弗吉尼亚海滩市, 例如, 成立了切萨皮克湾保护法案委员会, 九名成员由市议会任命, to oversee the 弗吉尼亚海滩 切萨皮克 Bay Preservation Ordinance (the ordinance is Appendix F of the 弗吉尼亚海滩 City Code), 上诉被带到巡回法院. 与此形成鲜明对比的是, the City of Norfolk opted against creating a board and instead relies on city staff to administer its 切萨皮克 Bay Preservation Act Overlay District Ordinance, with appeals to the Board of Zoning Appeals and then to the Circuit Court (the ordinance is Section 11-2 of the Norfolk City Code).

一次 the locality has defined boundaries for its 切萨皮克 Bay Preservation Area, it must then designate two areas within the 切萨皮克 Bay Preservation Area known as the “Re源保护区域” and the “Resource Management Area.”

的再保险源保护区域, 或“战,” typically is the 100-foot wide strip of land adjoining water bodies that have perennial flow within the 切萨皮克 Bay Preservation Area. 区域保护区内的土地扰动活动受到严格控制. 大多数活动都需要许可证, although some localities allow very minor land disturbances in the RPA without a permit, 前提是事先与地方当局进行适当的协调. 这种轻微的土地干扰活动的例子包括:

-清除植被，以加强视线和远景

—通道建设

-休闲区建设

更高的强度 RPA中的活动, such as demolition of a home or other structure (presumably one that was built prior to adoption of the Act), 拆除后建造的一个或多个新建筑物, 增加一个游泳池, 泳池房或车道, 或为保护现有结构而提高标高, 会否触发综合许可证程序. The costs associated with this process typically are in the tens of thousands of dollars because the required submissions oftentimes include a site plan, 景观规划, 雨水管理计划, 侵蚀和泥沙控制计划, 水质影响评估及履约契约.

“展示事业” or a “summons” typically is issued when land disturbing activities are initiated in the RPA without a permit. The garden variety enforcement actions brought before the CBPA Boards in Hampton Roads include:

-甲板建在舱壁附近

-清除水线以下的所有植被

-用泥土填充沼泽区域(扩大后院)

- Filling low lying area with construction debris (to leve out the back yard)

-树木移除

-树肢

- Removal of forest litter and understory plants (the removal is impermissible; replacing the leaves and understory plants in the RPA with turf is equally impermissible)

Violations come to the attention of local government authorities most often through citizen complaints but also on occasion as a result of a notification from a state agency or from site or area inspections by local government administrative staff. 违规者可能面临最高5,000元的民事罚款.每天罚款00美元. In some localities, violators may face criminal misdemeanor prosecution. 例如，弗吉尼亚海滩允许罚款1000美元.或监禁12个月, 或两个, 在定罪, 作为替代每日民事罚款(附录F), 弗吉尼亚海滩城市法典第112条).  

RMA is the part of the 切萨皮克 Bay Preservation Area that is not included in the RPA. 《亚洲博彩平台排名》允许更大范围的土地干扰活动, 虽然通常需要许可证, just as permits are for most of the land disturbing activities undertaken in the RPA.  

如果你 need assistance with the use and development of your waterfront property in compliance with applicable environmental requirements, 为项目开发遵从性策略, or with defense representation because the authorities have commenced an enforcement action against you, 请联系澳门亚洲博彩平台排名 & 科沃德股东吉姆·朗，电话:(757)502-7326或 jlang@chinaqinyu.com.