Section 10.1-2114 of the Chesapeake Bay Preservation Act (Act) requires all state agencies to exercise their authorities consistent with local comprehensive plans, zoning ordinances, and subdivision ordinances adopted to comply with the Bay Act Program. DCR's Division of Chesapeake Bay Local Assistance (Division) is responsible for ensuring that localities and state agencies abide by the requirements of the Act. In May of 2000, the act was incorporated into Virginia's Coastal Resources Management Program (VCRMP). The Governor's Executive Order # 23 requires agencies of the Commonwealth to conduct activities in a manner consistent with and supportive of VCRMP. The Division is the appropriate review authority for determining the consistency of state projects with the requirements of the Act and associated regulations.

The Bay Act requires adoption of a local program by every county, city (with the exception of Manassas and Manassas Park), and incorporated town in "Tidewater Virginia"). Localities outside Tidewater may voluntarily adopt a program under the auspices of the Bay Act. To date, only Albemarle County has done so.

All state agencies planning to engage in land disturbing activities within Tidewater localities or Albemarle County should forward a copy of any applicable master plans and preliminary or site plans to the Department for review. The Division requires 15 working days to complete a plan review. Agencies are encouraged to involve DCR - DCBLA early in the planning process. This provides an opportunity to identify issues or concerns early enough for the agency to address them before construction contracts are signed and funds are committed or spent. Early review allows for any necessary modifications and prevents unnecessary project delays. DCR - DCBLA's review of master plans is intended to identify major program issues prior to planning specific projects, especially issues relating to stormwater management.

NOTE: It is not necessary for state agencies to submit development plans to local governments for review of Bay Act program requirements. Furthermore, local governments have no authority to grant exceptions or waivers of Bay Act requirements applicable to state agency projects. The Division will determine state agency consistency with a local program and respond directly to the submitting agency. If necessary, the Division will consult with local governments concerning specific details of their local programs.

Download Site Plan Submission Guidelines (Acrobat Reader Required Click HERE to download Acrobat Reader))

Development plans, related technical materials, and any questions concerning the review process or submittal requirements should be directed to:

Alli Baird
Chesapeake Bay Riparian Buffer Specialist
Division of Chesapeake Bay Local Assistance
Department of Conservation and Recreation
101 North 14th Street, 17th Floor
James Monroe Building
Richmond, Virginia 23219
Phone: 1-800-CHESBAY
Fax: (804)225-3447
Email: alice.baird@dcr.virginia.gov

Local Program Coordinators:

Copies of local ordinances for implementing the Chesapeake Bay Preservation Area Designation and Management Regulations can be obtained from the local program coordinators.