Local Program Regulations & Guidance

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The Bay Act Resiliency Guidance is available for a final public comment pursuant to the Administrative Process Act As provided in § 2.2-4002.1 of the Administrative Process Act (APA). The purpose of this 30-day comment period is to seek comment on whether the subject guidance document is: (i) contrary to state law or regulation; or, (ii) should not be exempted from the provisions of the APA.

The comment period runs through September 10, 2025. Comments may be provided on the Virginia Town Hall website’s guidance document comment forum which you may access through the Guidance Document Forums’ tab on the page noted above. Additionally, DEQ accepts written comments by hand-delivery, e-mail, or postal mail. Comments shall include the full name, address and telephone number of the person commenting and be received by DEQ by 11:59 p.m. on the last day of the comment period

Contact Justin Williams; Manager, Office of Watersheds and Local Government Assistance: (804) 659-1125 or Justin.Williams@deq.virginia.gov for questions or comments.

This final draft Guidance is the result of two prior informal comment periods and includes edits and revisions based upon the prior informal comment period.

Bay Act Resiliency webinar and locality implementation documents:

A webinar co-hosted with the Virginia Institute of Marine Science was held April 3, 2024, to outline the updated guidance, examples, and tools and to provide an overview of AdaptVA. A copy of the webinar presentation is available:

For additional information about the webinar, please contact Heather.Mackey@deq.virginia.gov.

The Chesapeake Bay Preservation Act (Bay Act) and accompanying Regulations were amended to address resiliency in the performance criteria required to be implemented by the 84 Tidewater localities under the Bay Act. Informal comment periods for the proposed guidance were previously held in December 2022 and in April 2024.

The draft guidance is being reviewed based upon comments received during the prior informal comment periods, in particular, revisions to accompanying examples. A model ordinance, a locality implementation checklist, a resiliency assessment template, an adaptation measure checklist, and a list of nature-based adaptation measures are also being developed.

Additional documents under review include:

Resiliency Examples (including illustrations by WPL of Virginia Beach)

Model Ordinance

Resiliency Amendments Checklist for Locality Implementation

Resiliency Assessment Template

Adaptation Measures Checklist Template

Nature-based Adaptation Measure List

Regulations

Chesapeake Bay Preservation Area Designation and Management Regulations

Guidance

Stormwater related guidance can be found on DEQ’s stormwater here and all program guidance is available on Virginia’s Town Hall.

Manuals

Bay Act Compliance Review Procedures Manual

Templates

Bay Act Locality Website Publication Template

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Publications

The following publications, The Chesapeake Bay Preservation Act Local Assistance Manual and The Better Site Design Manual, are provided for their helpful historical information. Information in these documents may be superseded, and individuals should ensure that they are utilizing the most current guidance available.

The Chesapeake Bay Preservation Act Local Assistance Manual (Manual), prepared by the Chesapeake Bay Local Assistance Department and dated November 1989, was developed as a guide to assist the 84 Tidewater localities tasked with implementing Chesapeake Bay Preservation Act programs within their jurisdictions. The Manual focused on methods and techniques for the inventory, mapping, and designation of Chesapeake Bay Preservation Areas, implementation of the performance criteria through the amendment of local ordinances, and implementation of the required comprehensive plan amendments.

Originally intended to be a dynamic document responsive to advances in knowledge, techniques, and needs of local governments, 12 Information Bulletins were developed between 1990 and 1993. They are included at the very end of the Manual for their historical information; however, their content in many cases has been superseded by subsequent regulatory amendments, adopted and approved local programs, and guidance documents adopted by the Chesapeake Bay Local Assistance Board and the State Water Control Board. While the Manual and the Information Bulletins remain a resource for the early years of the Bay Act program implementation, localities, applicants and consultants should remain cognizant of their limitations and ensure that they are consulting the most current guidance available on this website, Virginia’s Town Hall, or by contacting the appropriate Bay Act liaison. In addition, individuals are encouraged to contact local government staff to obtain current copies of local ordinances, plans, and Bay Act program policy documents, as appropriate.

Local Assistance Manual-November 1989

Better Site Design Manual

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