Virginia’s Chesapeake Bay Preservation Act specifies that the protection of the Chesapeake Bay and its tributaries is to be accomplished through a cooperative state-local program and that local governments are uniquely qualified to advance this goal through their zoning and land use authorities. The Bay Act requires cities, counties and towns in Tidewater to administer the Bay Act and the Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations) through their local ordinances, policies and comprehensive plans. As required in the Bay Act, DEQ provides technical and financial assistance to the localities.

Due to their comprehensive nature, the requirements of the Bay Act regulations were implemented in phases:

• Designation and mapping of Chesapeake Bay Preservation Areas and adoption of ordinances to protect these areas – Phase I
• Incorporation of water quality protection policies into local comprehensive plans – Phase II
• Incorporation of measures to protect waters of the state into local land use ordinances and identification of conflicts between land use ordinances and water quality protection – Phase III

To ensure that the law and regulations are consistently enforced at the local level, the State Water Control Board (Board) is responsible for ongoing review of these implementation measures. The Commonwealth has developed materials – with input from local governments and other stakeholders – as the policies procedures and tools to be used in conducting local government compliance evaluations.

Compliance Evaluation Procedure and Review Element

According to section 9VAC25-830-260 of the Chesapeake Bay Preservation Area Designation and Management Regulations, the Board evaluates compliance with the implementation of local Bay Act programs. The assigned liaison for the locality will conduct the review.  

Compliance reviews are conducted by DEQ on a five-year cycle and, when feasible, as part of the local government's comprehensive plan review and update process. The agency may also conduct a comprehensive or partial program compliance review and evaluation more frequently than the standard schedule.

Based on these evaluations, DEQ (on behalf of the Board) will make a determination of compliance regarding the implementation of each local program. If implementation is satisfactory, the local program is considered compliant. In the event that deficiencies or non-compliance is identified, enforcement is addressed consistent with DEQ’s enforcement policies and guidance.   

Locality Annual Implementation Report

The Chesapeake Bay Preservation Area Designation and Management Regulations require Bay Act localities to annually submit a report to DEQ outlining implementation of their local programs. The report is intended to complement ongoing compliance review processes and to provide post-review assessments of all local programs.

Localities are required to complete their Annual Reports for the previous fiscal year by Feb. 14. This fixed reporting cycle ensures reports reflect the current status of each local government’s program and helps DEQ better assist localities in completing the reports and subsequent compliance evaluations.