County Considers New Measure to Protect Streams

Dear Concerned Citizen,

Most of Loudoun's streams aren't healthy. The recent 2009 Stream Assessment Survey found that 78% of our streams are "stressed" or "severely stressed," and 75% of stream miles fail to provide optimal habitat.

Visit the County's website to view a map of our perennial streams.

To address this growing problem and help ensure clean drinking water, the Loudoun Board of Supervisors is considering adopting a Steamside Protection Ordinance. The ordinance would establish new rules for land use along perennial streams (streams that flow year-round).

Within a 100-ft buffer on either side of these streams, the proposed ordinance would limit new structures and land disturbance, and encourage maintenance and preservation of vegetation. Countywide, the ordinance would:

• Increase the stringency for grading & erosion control and other development related restrictions,
• Regulate stormwater management facility maintenance,
• Include a 5-year pump out provision for conventional septic systems or maintenance certification on alternative septic systems.

The Process

This ordinance, referred to as the "Chesapeake Bay Ordinance" is already in place in 84 other jurisdictions in Virginia --including suburban and urban communities like Fairfax, Alexandria and Richmond, and rural counties like Caroline, King William and Chesterfield. And after detailed review and consultation with stakeholders, the Planning Commission voted on May 12th to recommend that the Loudoun Board also adopt the ordinance.

The Board will take public comment at a hearing on Monday, May 24, and will be open to additional comments over the next few months. The draft ordinance will probably be sent to the Transportation and Land Use Committee, where they will try to address questions raised by the public. We probably won't see a final vote until this fall.

Read more about the proposed ordinance in the County staff report, the staff PowerPoint presentation, or view the searchable map to see properties that may be affected.

Our Take on the New Ordinance

The main purpose of the ordinance is to create a buffer between human activities and our streams. One of the immediate upshots would be that developers proposing additional construction would have to provide for much needed forest buffers. And the proposed language seems to strike a balance between the rights of individuals and the desire for improved water quality. It also provides needed flexibility for farmers and other landowners.

With that said, we recognize that the new ordinance would bring county oversight to activities that were not previously subject to oversight, and would apply to all sectors in the County -- from landowners and homeowners, to businesses, farmers and developers. This change has raised worries about potential negative impacts, and we will continue to assess the impacts as the Board takes up their review.

What Do You Think?

There will always be challenges and tradeoffs when deciding how to protect our water quality. To help represent your opinions and concerns accurately, please let me know what you think about the proposed ordinance.  Also, take the time to speak out at the public hearing next Monday, May 24th at 6:30pm, or send an email to the Board in support of efforts to keep our streams healthy and clean.

Sincerely,

Gem Bingol
Loudoun County Field Officer
Piedmont Environmental Council
gbingol@pecva.org

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