According to Section 4VAC50-90-260 of the Chesapeake Bay Preservation Area Designation and Management Regulations, the Virginia Soil and Water Conservation Board (VSWCB) evaluates compliance with the implementation of local Bay Act programs. This compliance process began in 2003.
During the first round of compliance evaluations, DCR evaluated local program Chesapeake Bay Preservation Area maps, the implementation of Land Use and Development Performance Criteria, the administration of Resource Protection Area requirements and regulatory relief mechanisms. Using this approach, DCR completed reviews of all 84 Bay Act localities. The regulations require that these compliance evaluations be conducted every five years and permit more frequent program reviews should such become necessary.
As the first round of compliance evaluations neared completion, DCR staff worked with the Chesapeake Bay Local Assistance Board (CBLAB) and its policy committee to revise the substance of the evaluations. The CBLAB’s intention was to review the Land Use and Development Performance Criteria as well as Comprehensive Plan Criteria and compliance with Phase III requirements. Phase III involves the incorporation of specific water quality provisions into local land use ordinances and reviewing land use requirements to identify conflicts with water quality protection. Compliance Evaluation Review Elements were refined based on review and comments from local governments, soil and water conservation district (SWCD) staff, and other interest groups. Based on this input, the board adopted 31 review elements on June 21, 2010. Here is the CBLAB-approved Compliance Evaluation Review Elements document. Also, click here to download a presentation given to the CBLAB on June 21.