10.1-2109 - Local governments to designate Chesapeake Bay Preservation Areas; incorporate into local plans and ordinances; impose civil penalties.
§ 10.1-2109. Local governments to designate Chesapeake Bay PreservationAreas; incorporate into local plans and ordinances; impose civil penalties.
A. Counties, cities and towns in Tidewater Virginia shall use the criteriadeveloped by the Board to determine the extent of the Chesapeake BayPreservation Area within their jurisdictions. Designation of Chesapeake BayPreservation Areas shall be accomplished by every county, city and town inTidewater Virginia not later than twelve months after adoption of criteria bythe Board.
B. Counties, cities, and towns in Tidewater Virginia shall incorporateprotection of the quality of state waters into each locality's comprehensiveplan consistent with the provisions of this chapter.
C. All counties, cities and towns in Tidewater Virginia shall have zoningordinances which incorporate measures to protect the quality of state watersin the Chesapeake Bay Preservation Areas consistent with the provisions ofthis chapter. Zoning in Chesapeake Bay Preservation Areas shall comply withall criteria set forth in or established pursuant to § 10.1-2107.
D. Counties, cities and towns in Tidewater Virginia shall incorporateprotection of the quality of state waters in Chesapeake Bay PreservationAreas into their subdivision ordinances consistent with the provisions ofthis chapter. Counties, cities and towns in Tidewater Virginia shall ensurethat all subdivisions developed pursuant to their subdivision ordinancescomply with all criteria developed by the Board.
E. In addition to any other remedies which may be obtained under any localordinance enacted to protect the quality of state waters in Chesapeake BayPreservation Areas, counties, cities and towns in Tidewater Virginia mayincorporate the following penalties into their zoning, subdivision or otherordinances:
1. Any person who: (i) violates any provision of any such ordinance or (ii)violates or fails, neglects, or refuses to obey any local governmental body'sor official's final notice, order, rule, regulation, or variance or permitcondition authorized under such ordinance shall, upon such finding by anappropriate circuit court, be assessed a civil penalty not to exceed $5,000for each day of violation. Such civil penalties may, at the discretion of thecourt assessing them, be directed to be paid into the treasury of the county,city or town in which the violation occurred for the purpose of abatingenvironmental damage to or restoring Chesapeake Bay Preservation Areastherein, in such a manner as the court may direct by order, except that wherethe violator is the county, city or town itself or its agent, the court shalldirect the penalty to be paid into the state treasury.
2. With the consent of any person who: (i) violates any provision of anylocal ordinance related to the protection of water quality in Chesapeake BayPreservation Areas or (ii) violates or fails, neglects, or refuses to obeyany local governmental body's or official's notice, order, rule, regulation,or variance or permit condition authorized under such ordinance, the localgovernment may provide for the issuance of an order against such person forthe one-time payment of civil charges for each violation in specific sums,not to exceed $10,000 for each violation. Such civil charges shall be paidinto the treasury of the county, city or town in which the violation occurredfor the purpose of abating environmental damage to or restoring ChesapeakeBay Preservation Areas therein, except that where the violator is the county,city or town itself or its agent, the civil charges shall be paid into thestate treasury. Civil charges shall be in lieu of any appropriate civilpenalty that could be imposed under subdivision 1 of this subsection. Civilcharges may be in addition to the cost of any restoration required or orderedby the local governmental body or official.
F. Localities that are subject to the provisions of this chapter may byordinance adopt an appeal period for any person aggrieved by a decision of aboard that has been established by the locality to hear cases regardingordinances adopted pursuant to this chapter. The ordinance shall allow theaggrieved party a minimum of 30 days from the date of such decision to appealthe decision to the circuit court.
(1988, cc. 608, 891; 1998, cc. 700, 714; 2008, c. 15.)