People, Land and Water at the
Headwaters of the
Rappahannock River Basin

7 Public Policy: Local Government Protections for Watersheds

Citizens of Rappahannock County have a long history of supporting public policy to protect their environment. The local government uses many of the tools available to it from the Commonwealth to support the Goals of its Comprehensive Land Use Plan. The following tools used by the County provide a high level of local and state government support for watershed protection:

• Comprehensive Land Use Plan, especially Chapter 6: Goals, Principles and Policies
• Zoning and subdivision ordinances
• Stream Buffer Protection overlay of the Zoning Ordinance
• Erosion & Sedimentation Control ordinance
• Sludge ordinance
• Stormwater Management Ordinance
• Land use taxation
• Farmland Preservation Program
• Agricultural/Forestal Districts

7.1 Comprehensive Land Use Plan, especially Chapter 6: Goals, Principles and Policies

The 2004 County Comprehensive Plan recognizes the County’s waters as one of the most significant environmental resources, and this intention is woven throughout the goals, principles and policies statements.  The following are some of these policies:

Principle 1 – To encourage agricultural operations and ensure the preservation of the productivity, availability, and use of agricultural lands for continued production of agricultural products.

Policy 4. Encourage traditional and innovative soil and water conservation practices among the county’s farmers in order to preserve productive soils, to control erosion and siltation, and to protect water resources.

Policy 12. Upon requests for rezoning land for more intensive use, encourage the placement of open-space easements on important ... water resource ... lands as a reciprocal benefit.

Principle 2 – Preserve the natural, historic, recreational and scenic values,…so as to ensure that development…is in conformance with their natural beauty and environmental limitations.

Policy 1. Promote multiple uses of forested land and land not in productive  agricultural use, including ... watershed protection.

Policy 3. Ensure that timber harvesting and road construction is conducted such that sedimentation of streams and other environment impacts are minimized.

Policy 4. Promote the placement of conservation easements on land adjoining or visible from Shenandoah National Park and Rappahannock River and other state designated scenic rivers and roads and seek to protect the scenic value of those lands when land use decisions and plans are made.

Principle 3 --Protect natural resources, including soil, water, air, view-sheds, scenery, and fragile ecosystems.

Policies

1. Require that environmental impacts of activities directly or indirectly related to new construction, including removal of vegetation, cutting of trees, altering of water sources and courses for existing users, drainageways, grading, and filling, are minimized.

2. Prohibit land uses if they have significant adverse environmental impacts that cannot be eliminated or minimized.

3. Continue to implement the County’s Erosion and Sedimentation Control Ordinance including Responsible Land Disturber (RLD) certification.
requirements. The County should consider allowing Low Impact Development (LID) or other alternate E&S measures, where appropriate.

4. Promote the best management and prevention measures for potential groundwater pollution sources, including septic tanks, wells, and under- ground petroleum storage tanks.

5. Participate where appropriate and cooperate with federal and state groundwater protection programs.

6. In flood hazard areas without public sewage disposal systems, encourage low-density growth, to minimize loss of life and property damage.

7. Enforce floodplain management regulations so that property owners continue to be eligible for inexpensive flood insurance under the National Flood Insurance Program.

8. Support the conduct of an inventory to identify environmentally significant lands, and the establishment of a countywide groundwater- monitoring network.

9. Recognize the county’s rivers as one of the most significant environmental resources and provide for their protection by:
    a) Encouraging greenbelts along the rivers.
    b) Informing the public of the benefits and values of preserving the river corridor.
    c) Controlling development in areas adjacent to the rivers that may include development restrictions such as setbacks, buffers, or other means, or limitations on water withdrawals and/or effluent discharges.

10. Consider carefully the impact of experimental agricultural practices that could negatively impact natural resources.

Principle 7 – Promote only economic growth that assists in maintaining our existing balance and is compatible with the environmental quality and rural character…

Policy 4d. Allow certain commercial development that by its nature must be located in sparsely populated areas, near agricultural operations, near existing neighborhoods or on specific sites to be so located if the development does not overburden the County’s water resources, and does not require the transfer of water resources from other jurisdictions to sustain the development.

Principle 10 – Promote the philosophy that land is a finite resource and not a commodity, that all citizens are stewards of the land, and that the use and quality of the land are of prime importance to each present and future citizen as well as to the Commonwealth, the Country, and indeed the world.

Policies promote public education and information; inclusion of these subjects in school curricula; proper land use by government agencies and private organizations; and recognition of landowners’ practices that protect and preserve the land.

7.2 Zoning and subdivision ordinances

Together, the zoning and subdivision ordinances (set forth as chapters within the Rappahannock County Code) guide the patterns of future development of the watersheds, in terms of where development takes place, the types and densities of uses that will be made of the land, and protections for the watershed including both soil and water.  By zoning land so that commercial and residential areas are focused around existing villages, and specifying the detailed  types of uses of the land that can take place in those areas, these ordinances provide stronger protections for the watersheds of Rappahannock County than one might see in ordinances in many other Virginia counties. The Board of Supervisors adopted a down-zoning of approximately 90 percent of the County’s land area in 1986 (down-zoning resulted in substantially less density allowed than had theretofore been the case), thereafter allowing a maximum development density of one dwelling unit per 25 acres in Agricultural zones, and even less dense development in Conservation zones which are characterized by steep slopes.  The Comprehensive Planning justification for these changes was based on natural resource conservation imperatives.

Chapter 170: Zoning establishes two types of resource preservation zoning districts — conservation districts and agricultural districts.
“The Conservation District contains those mountains which are environmentally sensitive, have physical limitations and contain much of the County's timber resources. The regulations are designed with emphasis on the conservation of those areas to minimize the potential adverse environmental impact while providing for compatible very low-density residential uses.

“The Agriculture District generally contains those areas where agriculture and forestry are the predominant uses or where significant agricultural lands or larger lot farmette-type residential developments exist. The regulations are designed to assist in the protection and preservation of the agricultural and forestry uses and to mitigate land use conflicts between agricultural uses and appropriately limited residential development.” 

Chapter 170 establishes the uses and the maximum densities (dwelling units/acres) that are permitted in Conservation and Agricultural districts.  In general, a new dwelling in either district requires 25 acres (§170-37 and §147-37).

From the watershed perspective, one disadvantage of the provision for 25-acre parcel size subdivision provision is the extended network of private roads that results when many individual landowners construct new private roads, especially on sloping land.  Potentially offsetting this pattern is the exception allowed for Clustering. “Lot size requirements may be conditionally reduced by the Zoning Administrator in cases where subdivision clustering is required to meet open space requirements and/or can be proven to significantly reduce overall imperviousness of the subdivision by reducing street, private road and/or driveway lengths.” [23]

Article V: Overlay District Regulations provides for Floodplain Districts at §170-45 and Stream Protection Overlay districts at §170-45.2.

Chapter 147: Subdivision of Land establishes subdivision standards and procedures that support the intent of Chapter 170: Zoning.  For example, §147-17 prohibits residential occupancy in new subdivision developments in floodplains. Chapter 147 also establishes requirements for public and private water and sewer.

7.3 Stream Buffer Protection Overlay (SPO) District of the Zoning Ordinance

Chapter 170-45.2 of the Zoning Ordinance describes the Stream Protection Overlay District. The purpose of the Stream Protection Overlay District is to apply special regulations to the riparian buffer area no less than 100 feet wide on each side of perennial streams and wetlands adjacent to those streams. The purpose of the buffer is to retard runoff, prevent erosion, filter nonpoint source pollution from runoff, moderate stream temperature, and provide for the ecological integrity of stream corridors and networks.  The SPO provides protection for streams in future development in areas zoned residential or commercial.

7.4 Erosion & Sediment Control Ordinance

The Erosion & Sediment Control Ordinance requires a land-disturbing permit and associated plans and practices for the clearing, filling, excavating, grading, transporting of land or for any combination thereof for land disturbance over 10,000 square feet. The purpose of this ordinance is to prevent degradation of properties, stream channels, waters and other natural resources of Rappahannock County by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff and by establishing procedures whereby these requirements shall be administered and enforced. This article is authorized by the Code of Virginia, Title 10.1, Chapter 5, Article 4 (§ 10.1-560 et seq.), known as the "Virginia Erosion and Sediment Control Law."

7.5 Biosolids Ordinance

The Biosolids Ordinance was adopted by the Board of Supervisors on July 2, 2007. Biosolids (“sludge”) are the solids that are extracted from wastewater treatment systems, such as municipal wastewater treatment plants. Depending upon the source of the biosolids and the level of pre-treatment of them, they can contain varying levels of undesirable materials, such as heavy metals. Because these biosolids contain high levels of nutrients such as nitrogen and phosphorous, they are used as fertilizer.

The Commonwealth does not allow localities to ban the application of biosolids. The Ordinance recognizes the importance of our waters being part of the Chesapeake Bay watershed, and uses the State authority provided in the Chesapeake Bay Act and the Virginia Water Quality Improvement Act as partial legal justification for protective measures. Some of the major protective measures incorporated into the Ordinance include:

• A 100 foot vegetative buffer must be established and maintained along any stream on land where biosolids are applied. A Nutrient Management Plan (NMP) must be developed to ensure that the biosolids application does not exceed the ability of the land and crops to properly utilize the nutrients from the biosolids. No biosolids can be applied on land that drains to a DEQ 303(d) designated impaired water. No land application can be applied upstream of a Fish Consumption Advisory that is in the County or in a County that is immediately downstream.
• No application can occur immediately before or during extreme weather events such as storms, snowfalls, or high winds, nor can they be applied on saturated or snow covered ground. No application is allowed within 400 yards of a water supply source, such as a potable water supply well.
• All biosolids applications must be registered with the County Administrator, where they will become part of the permanent record in the County Land Records. This can protect future purchasers of the land.
• There are provisions for testing the content of the biosolids before application by a qualified Sludge Monitor to ensure that the content does not include excessive amounts of bacteria and that all stipulations of the Ordinance are being met.

Enforcement of the Ordinance requires the services of a qualified Sludge Monitor; this position has not as yet been filled, nor has there as yet been an application to land-apply sludge.

7.6 Stormwater Management Ordinance

The Stormwater Management Ordinance (SWM) was adopted by the Board of Supervisors on January 7, 2008. This chapter is adopted pursuant to the authority conferred by the Virginia Erosion and Sediment Control Law (Virginia Code, 10.1-560 et seq.) and the Virginia Stormwater Management Act (Virginia Code, 10.1-603.3 et seq.)

The purpose of the SWM Ordinance is to protect local streams, rivers, groundwater and properties from increases in the volume and rate of stormwater runoff and increases in pollutants when land is converted to more intensive uses such as commercial or residential subdivisions. This protects the safety and welfare of citizens, property owners, and businesses by minimizing negative impacts of increased stormwater discharges from new land development.  By minimizing runoff, groundwater supplies are also protected.  The ordinance also integrates stormwater management with other County ordinances, programs, policies, and comprehensive plan.

The SWM Ordinance applies to all land development projects that disturb over 2,500 square feet of land, except agricultural, horticultural, or forest crop activities. Where the land development activity results from construction or alteration of a single-family residence, an “agreement in lieu of a plan” may be substituted for a formal stormwater management concept and design plan.  The ordinance applies at the time requests are made for driveway entrance permits, land disturbance permits, preliminary plans of subdivision, and major site development plans, and extends through construction and maintenance of stormwater management practices and facilities.

The Ordinance specifies standards for protection of both quality and quantity of water, in terms of the outcomes to be achieved.  Basically, the development must be designed and constructed in such a manner that the amount of stormwater runoff after the development is completed will be the same or less than it was before the development took place. 

The SWM Ordinance encourages the use of Low Impact Development (LID) approach. LID is modeled after nature: manage rainfall at the source, using decentralized small-scale controls.

Private roads and driveways are one of the County’s greatest sources of stormwater runoff, erosion, sedimentation, and pollution. If a private road or driveway will be more than 1,000 feet in length and have 10% grade at any point, then an engineer’s plan proving adequate erosion and stabilization measures is required.

Protection of the stream buffer area is addressed in the Zoning Ordinance in a Riparian Buffer Overlay District. The Culpeper Soil and Water Conservation District staff and County staff review and approve stormwater management plans.

7.7 Land use taxation

Virginia Code (Title 58.1: Taxation; Article 4: Special Assessment for Land Preservation) establishes four special classifications of real estate — agricultural use, horticultural use, forest use, and open-space use — and authorizes local governments to adopt ordinances that provide for use value assessment and taxation in accordance with Title 58.1.  
“Use value taxation” means the land is taxed based on the way it is used, not on its market value. For example, land that is farmed is typically taxed at about one third of its fair market value. Landowners must demonstrate that they meet the requirements of land use taxation each year.
About 80 percent of privately held land in Rappahannock County is in land use taxation, although the County utilizes only the first three classifications of land discussed above in its program. The benefit to watersheds is to protect the land and water from subdivision of farmland and the resulting development, population increase, forest fragmentation, added roads and other impervious surfaces, and other potential threats .  
Landowners who opt out of land use taxation pay five years in “roll-back” taxes — the difference between land use value and market value for the previous five years. Roll-back taxes are applied to the Farmland Preservation Program, discussed at 6.8 below.

7.8 Agricultural and Forestal Districts

Over 21,310 acres of land in the County are in Agricultural/Forestal Districts.  An Agricultural and Forestal District is a State-approved method by which Rappahannock landowners can set aside land for ten-year periods in return for tax benefits and protections against government interventions. The county currently includes ten Districts, which protect about 21,000 acres. The program was initiated in 1980 and has remained relatively stable in acres protected since 1990.

Land owners who participate in the program cite as its strongest features 1) greatly reduced local tax rates, 2) a guarantee against changes in the land-use taxation program, and 3) the opportunity to contribute to the scenic and rural character of the county. The weakest feature from the landowner standpoint is the requirement to tie up land for ten-year periods (i.e. no construction, subdivision, sale of the property).

The public purposes of an Agricultural and Forestal District are to:

• "conserve and protect, and to encourage the development of the Commonwealth’s agricultural and forestal lands for the production of food and other agricultural and forestal products..." and
• "to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes" (Section 15.2-4301 Code of Virginia)

7.9 Farmland Preservation Program

The Farmland Preservation Program is a County purchase-of-development-rights (PDR) program that pays working farmers not to develop or subdivide their land. The County places the development rights under a conservation easement. The farmer retains all other rights, including the right to continue farming and sell the land, but not to develop the land through subdivision.  

The program provides the same protections for watersheds as conservation easements, but provides added incentives to the farm landowner to put the land in easement.

Funding for the program is provided by “rollback” taxes and private contributions, almost entirely from the Rappahannock County Conservation Alliance, which holds an annual fundraiser for that purpose. County funds are matched by the state to a maximum that varies from year to year. A proposal in 2005 to add two pennies  per hundred dollars in real estate taxes to enable a predictable income stream for the Farmland Preservation Program was defeated. To date, two farmers have participated in the program.

7.10 Septic System Cost Sharing Program

Through a grant from the VA Water Quality Improvement Fund, the County and the CSWCD provide cost sharing for septic system improvements within 300 feet of any stream in the county.  This includes inspection, cleanout, repair, replacement of and component of the system.

Next: Taking a Closer Look at Watershed Health and Protection
Back to TOC