Much of Stafford County east of U.S. 1 is now subject to regulations designed to reduce erosion and nutrient and sediment runoff into Potomac River tributaries such as Aquia and Accokeek creeks.
By a 4-3 vote, Stafford supervisors created a Potomac River Resource Protection Overlay District earlier this month.
Planning Commissioner Cecilia Kirkman introduced the amendment at the request of Griffis-Widewater Supervisor Bob Woodson. He campaigned on the issue, noting that many residents of Aquia Harbour have problems with runoff from adjacent development. Residents believe that silt buildup in Aquia Creek has led to excessive flooding in their neighborhood.
"This was designed to address that issue," Woodson said. "We got a lot of push-back from developers, but I represent the citizens of the district and the county."
The amendment takes its cues from existing Chesapeake Bay Preservation Act provisions, which are in effect countywide and maintain 100-foot buffer zones around perennial streams and tidal shorelines, where building is restricted. The new overlay district expands those buffers to include intermittent streams. It also prohibits building on slopes greater than 24 percent adjacent to those creeks.
According to estimates by the Department of Planning and Zoning, the overlay district affects approximately 4,700 of the 24,600 acres within the district. Supervisors decided not to fund an economic impact study on the district earlier this year.
Doug Jones, who owns a farm within the overlay district, plans to put his property on the market in the next few months. He is concerned about what the ordinance might do to his land value.
"Most of the water in the county runs into the Potomac," he said. "I don't know why they singled us out.
"We're losing money because the county passed an ordinance. Maybe my grandfather should have bought property up in Hartwood."
Proponents hope the changes will improve water quality in the Potomac River watershed by leaving surrounding land in its natural state.
John Sylvester lives on Accokeek Creek, and said he has noticed a significant drop in the numbers of fish over the years. During a heavy rain, he said, nearby ditches and tributaries flow with what looks like chocolate milk.
"Rivers are the property of all taxpayers," he said. "I hope this district will contribute cleaning up the mess caused by development on steep slopes in the area. It's been a long time coming."
Supervisors Mark Dudenhefer, Cord Sterling and Paul Milde opposed the measure.
Before it passed, Sterling suggested cash compensation for property owners whose land might be devalued. Some supervisors suggested that the new restrictions would decrease the number of by-right lots that could be built on a given parcel of land.
"We cannot just confiscate property rights," Sterling said. "Let's reimburse these people for their costs."
The suggestion didn't gain traction, but highlighted the difficulty in balancing the protection of natural resources with property rights.
Milde had a slightly different take on the matter, saying there is no scientific reason the boundary line was drawn the way it was. He believes the overlay district is illegal.
His concerns stem from a memo the county attorney's office issued when the idea first came up in April. It suggests that property owners may dispute the ordinance if they can find similar properties outside of the new district.
"The county attorney said that it won't be defensible," Milde said. "It is highly likely that courts will overturn this because of its arbitrary nature. We can't afford to defend those lawsuits now.
"It is grossly unfair. This just isn't the way to go about it."
Jonas Beals: 540/368-5036
Email: jbeals@freelancestar.com