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Chesapeake Bay Preservation Act

Chesapeake Bay Preservation Act Requirements

The Town of Windsor is subject to the Chesapeake Bay Preservation Act (Bay Act) and has adopted specific program elements as established under the Bay Act and the accompanying Chesapeake Bay Preservation Area Designation and Management Regulations (Regulations). 

The purpose of the Bay Act program is to protect and improve water quality in local waters and the Chesapeake Bay by requiring the implementation of effective land use and development management practices. 

Local Bay Act programs must include:

  1. A map generally depicting Chesapeake Bay Preservation Areas (CBPAs).
  2. Performance criteria applying in CBPAs that pertain to the use, development and redevelopment of land.
  3. A comprehensive plan that incorporates the protection of CBPAs and quality of state waters in the locality.
  4. Zoning or other ordinance that incorporates measures to protect the quality of state waters within CBPAs and requires compliance with the performance criteria.
  5. A subdivision ordinance that incorporates measures to protect the qaulity of state waters in CBPAs and ensures that all subdivisions in CBPAs comply with the performance criteria.
  6. A plan of development process prior to the issuance of a building permit to ensure that the use and development of land in CBPAs is accomplished in a manner that protects the quality of state waters.
  7. A website that publishes the above required elements and criteria adopted to implement the local program.

Chesapeake Bay Preservation Areas:

Chesapeake Bay Preservation Areas include Resource Protection Areas and Resource Management Areas.

The Resource Protection Area (RPA) includes tidal wetlands; tidal shores; non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perrenial flow; and a one hundred (100) foot vegetated buffer located adjacent to and landward of the components listed above and along all water bodies with perennial flow.

The Resource Management Area (RMA) includes land types that, if improperly use or developed, have a potential for degrading water quality or diminishing the functional value of the RPA. The RMA must be provided contiguous to the entire inland boundary of the RPA. Additionally, the RMA within the Town of Windsor has been designated as floodplains; highly erodible soils, including steep slopes; highly permeable soils; nontidal wetlands not included in the Resource Protection Area; and other lands under the provisions of the regulations as are necessary to protect the quality of state waters.

CBPA Mapping:

Locally designated Chesapeake Bay Preservation Areas have been depicted on adopted Bay Act maps for the Town of Windsor. These maps are to be used as a guide for applicants and local staff as to the general location of RPAs and RMAs on lots and parcels and should be used for planning purposes only. Once a project is proposed, a site-specific location of the RPA and the RMA must be determined using the processes specific to the Town of Windsor. 

The locally adopted CBPA map can be found here: Town of Windsor CBPA Map

Local Program Implementation: 

Under the Bay Act framework, the Town of Windsor is responsible for implementing its Bay Act program. The Town of Windsor has adopted ordinance provisions that incorporate the performance criteria required by the Bay Act. Those provisions can be found in the Chesapeake Bay Preservation Act section of Windsor Town Ordinances linked here. 

As outlined in the ordinance and required by the Bay Act and Regulations, land development and disturbance in a Resource Protection Areas is limited and the Town of Windsor requires.....

For example, as part of a site plan review, any proposed development in the RPA is reviewed to ensure it meets applicable requirements, including a site-specific RPA delineation using a DEQ-approved protocol and the submission of a Water Quality Impact Assessment which can be found here:.....

The Town of Windsor's Bay Act program is implemented within the local planning department, which should be contacted as early in the project decision-making process as possible, including application for a building permit, to determine what steps may need to be taken for compliance with the local Bay Act program.

Additionally, as required by the Bay Act, water quality and protection provisions have been included in the Town of Windsor's Comprehensive Plan, which can be found here:.....

Septic tank pump out program:

As required by the Bay Act the Town of Windsor implements a septic tank pump out program, which requires the inspection or pump out of septic tanks within the locality every five years. Find more information on the program here.

More information:

Forms and applications regarding the  regarding the Town of Windsor's Bay Act program can be found here:

Zoning Permit Application

Water Quality Impact Assessment (WQIA) Form

Chesapeake Bay Preservation Area Exception Application

Information regarding the Bay Act and the Virginia Department of Environmental Quality’s role in providing general program oversight and technical assistance to [Locality] is available on the DEQ website. 

Or, contact the Town of Windsor's planning department for more information at 757-242-4288.