Stafford supervisors agree they don't want anyone swimming in the county's sources of drinking water, but they voted yesterday to gather more input about restricting additional development near its reservoirs.
Current ordinances allowed supervisors some latitude to allow activities around reservoirs on a case-by-case basis. Swimming and gasoline-powered boats already were prohibited on Smith and Abel lakes. But the new ordinances are more specific and also would apply to the new Rocky Pen Run Reservoir when it comes online in about two years.
The first ordinance proposes creating a reservoir-protection overlay district.
The ordinance could create a series of four concentric areas around reservoirs where a varying degree of activities would be limited. For instance, property owners would not be allowed to disturb vegetation within 200 feet of the water's edge.
On a 4-1 vote, the supervisors sent that ordinance to the Planning Commission for further discussion and a public hearing. Supervisor Paul Milde voted against the measure and Supervisor Cord Sterling was absent. Supervisor Joe Brito abstained, explaining that he owns property that will border the new reservoir.
"This obviously strives to fix a problem," Milde said. "I'm trying to understand what that problem is."
Milde went on to suggest that the ordinance was a downzoning in disguise. Supervisor Mark Dudenhefer agreed.
"This looks like an attempt to stop growth," Dudenhefer said. "We haven't had any problems that I'm aware of. Regulations like this could get to the point of being silly."
Jeff Harvey, Stafford's director of planning and zoning, felt that while there might not be an immediate problem, it would be a smart way to protect drinking water in the county.
"This ordinance is trying to prevent a problem. There is no documented problem right now," he said. "This is a forward-thinking proposal."
A similar ordinance was developed by the Utilities Commission. The terminal reservoir ordinance was adopted by the board with an identical 4-1 vote. Most notably, the ordinance will specifically prohibit swimming, wading and gas-powered motors for water-quality and liability reasons.
It also would prohibit building in a 200-foot buffer zone around a reservoir, a measure designed to eliminate the situation that arose on Abel Lake, where property owners built docks into the reservoir.
Those docks will be grandfathered in, but they are non-conforming uses and cannot be replaced if destroyed.
Milde again expressed his dismay at limiting recreational activities on the reservoirs, and suggested liability issues were not realistic concerns considering the activities that happen every day on the Rappahannock and Potomac rivers.
"It is a risk for the county to assume," County Administrator Anthony Romanello said of swimming in reservoirs.
He suggested the county has more control over access to reservoirs than rivers.
"If I could prohibit people from swimming in the Rappahannock," he said, "I'd do it in a heartbeat."
Utilities Director Harry Critzer supported the restrictions on the basis of health concerns. He said an informal survey of 30 reservoirs in Virginia and Maryland revealed that none of them allowed swimming.
Likewise, he said the Department of Health prefers body contact and gasoline engines be forbidden for water quality. Critzer explained that treatment needs could increase along with activity on the reservoirs.
"We are not set up to treat herbicides and pesticides," Critzer said. "We've had minimal detected amounts and we would like it to stay that way.
"Things can concentrate in reservoirs, and we have to be careful. We're trying to maintain."
Jonas Beals: 540/368-5036
Email: jbeals@freelancestar.com