Resource Protection Area (RPA) Vesting Changes From 5 Years to 12 Months in Prince William County

In response to Chesapeake Bay Local Assistance Department's (CBLAD) comments on how Resource Protection Area (RPA) boundaries are vested in Prince William County (see WSSI's October 1, 2004 Newsletter), the County has issued an "Updated Vesting Policy Relating to the Chesapeake Bay Regulations."

Prince William County uses a plan type known as a Preservation Area Site Assessment (PASA) to precisely define the boundaries of an RPA. This updated policy has reduced the PASA lifespan for a "stand alone PASA" (i.e., no other development plans approved on the site subject to the PASA approval) from 5 years to 12 months.

A comparison of the PASA vesting changes is available in this table. It is also critical to consider the following footnote in the vesting policy when deciding how much reliance should be placed on an approved plan:

Any proposed development and/or structure for which an applicant has received approval on or before February 3, 2003 that were rendered noncompliant under the amended Ordinance may be constructed as approved except that the proposed development and/or structure shall comply with the adopted requirements to the maximum extent practicable. Where possible, an area equal to the area encroaching into the RPA buffer area shall be established elsewhere on the lot or parcel in such a way as to maximize water quality protection, as necessary to mitigate RPA encroachments. Upon completion, the development and/or structure shall be deemed nonconforming.

Further history on this matter is provided for reference in the Prince William County Board of Supervisors (BOS) Agenda and Vesting Memo, dated November 8, 2004, their the Proposed PASA Policy Update presentation to the BOS, and a memo to NVBIA, dated December 27, 2004.

For further information on how this change affects your site, contact Mike Rolband, P.E., P.W.S., P.W.D., Mark Headly, P.W.S, Dan Lucey, P.E., or Bill Nell, P.E.