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Measure designed to protect waterways

Stafford considers ordinance to protect waterways

UPDATE: Stafford officials deferred action on an ordinance that would protect a portion of the Potomac River Basin.

The Board of Supervisors agreed to give county staff more time to research the economic impacts of guarding sensitive water resources in the entire Potomac River Basin.

They also want to know how much it would cost to conduct the economic analysis. The staff will also take time to perform field studies on a sample of parcels within the basin to show how properties could be impacted by the proposal.

Click here to read the confidential memo the county's attorney's office sent to supervisors about its legal concerns regarding the overlay district

Date published: 5/21/2008

BY KAFIA HOSH

Stafford officials are considering increasing the protection of sensitive waterways in the county.

In its meeting last night, the Board of Supervisors debated an ordinance that would guard a portion of the Potomac River watershed from potential development.

The Potomac River Resource Protection Overlay District is located east of Jefferson Davis Highway. It would create a 100-foot buffer around intermittent streams, which are defined as natural or engineered channels that flow during certain times of the year, when groundwater provides for stream flow, according to the ordinance's background report. The county ordinance enforcing the Chesapeake Bay Preservation Act already secures a 100-foot buffer around perennial streams through out the county. Those streams include Aquia, Accokeek and Potomac creeks.

The additional buffers can help remove sediments, nutrients and other pollutants from surface water runoff and improve the quality of water flowing into streams and rivers. The overlay district also establishes a 100-foot buffer around slopes that are adjacent to intermittent streams. In some areas, the buffer could extend beyond the 100 feet.

At a 15 percent or greater slope, soil conditions can become highly erodible, according to Planning and Zoning Director Jeff Harvey.

"If you have land disturbance and slopes exceed 15 percent, that's where you have streams that can be negatively impacted by development," he said in an earlier interview.

The overlay district does not affect existing lots of record, unless property lines are changed, or vested preliminary subdivision plans.

However, it does affect new development. Applications for subdivisions, site plans, including commercial developments, rezoning requests and conditional-use permits within the district will come under additional criteria.

The applications must define intermittent streams and 15 percent or higher slopes adjacent to the streams. Once identified, those areas would be restricted from development.

"You could not put a new home or grade the yard out, or clear the area of trees," Harvey explained.

The Planning Commission recommended approval of the ordinance in a 4-3 vote last month. It also set the overlay district's boundaries.

But during the meeting, supervisors wanted to know why the specific district was created because it left out sensitive waters in other parts of the county. "Why aren't we protecting the entire Potomac River Basin?" asked Garrisonville Supervisor Mark Dudenhefer.

Supervisors hadn't voted on the ordinance at press time.

Kafia Hosh: 540/735-1977
Email: khosh@freelancestar.com


POTOMAC RIVER RESOURCE PROTECTION DISTRICT Other localities in have enacted additional buffers to protect waterways. ALEXANDRIA: 50-foot buffer around intermittent streams ALBEMARLE COUNTY: 100-foot buffer around intermittent streams in water-supply protection areas NEWPORT NEWS: 100-foot buffer around intermittent streams in reservoir-protection areas FAIRFAX COUNTY: 100-foot buffer on intermittent streams that are largely intact and have not been significantly impacted by existing development GOOCHLAND: 50-foot buffers around intermittent streams and conservation areas on slopes exceeding 15 percent in the rural preservation district VIRGINIA BEACH: 100-foot and variable-width buffer around highly erodible soils CHESAPEAKE: 100-foot buffer around land determined by the city to be necessary to protect the quality of state waters TOWN OF HAYMARKET: 100-foot buffer around two intermittent streams that are recognized as having sensitive soil conditions and steep slopes

--Source: Stafford County Planning and Zoning Department.



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Date published: 5/21/2008


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Will Stafford compensate property owners $$s (posted by WeimCity , May 21, 2008 1:38 pm)   
for stopping a landowner for use of the affected land by this action? It would seem that by enacting this policy, BOS would have to compensate the property owner for denial of land use. Staffdord BOS should not do this action.

Secret Email? (posted by ObiWanTheGuy , May 21, 2008 11:28 am)   
Where did the FLS get this attached email from the Stafford lawyer to the BOS? It says private and priviledged all over it. Who leaked this to the press I wonder?

Staff has done NO economic impact studies (posted by goshngee , May 21, 2008 2:24 am)   
The got a quote for $21,000 to study whether outlawing building ANYTHING in or around Widewater or GW Districts, but they don't have the money to hire them! So- let's say they pay and get a result- do you think that property values will go down or up in a 24,000 acre area ---EVERYTHING EAST OF ROUTE 1 where no construction of any kind is allowed- not even a driveway! Here's some FREE consulting- it will go DOWN. That measn the REST OF THE COUNTY HOME'S TAXES GO UP!!!

Welcome to Stafford County communism (posted by goshngee , May 21, 2008 2:21 am)   
If you live in Stafford and own any property- wirh or without a house- you are affected by this horrible and illegal land downzoning that Cecilia Kirkman and Pete Fields are cooking up. At least 60 people spoke against this for many good reasons, and only 4 spoke for it: Kirkman, Fields, and 2 crows nest communists. Where are the 'thousands' of people Cecilia represents?? They dont' exist! This is the SAME DOWNZONING these people are trying to shove down your throat with a new label.

The worst news coverage ever! (posted by goshngee , May 21, 2008 2:17 am)   
WOW- the article left out the fact that the proposed Cecilia Kirkman overlay would cover 24,000 acres of Stafford! It also failed to accurately report that there is NO staff facts that support that the arbitratry 15% slope number had any merit or that ANY SOIL types affected by erosion at low slopes are even present. The overlay does NOT cover MOST of the tributaries in Stafford (YET!) and merely protects the land around Cecilia's house for 5 miles or so from ANY land changes or building- on YOUR OWN LAND!

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