FORUM WATCH EDITORIAL
By. Neil Williamson, President
Beyond being simple and well intentioned, neither is based in reality.
Please let me explain.
Stream health regulation in Virginia really came into its own with the 1988 passage of the Chesapeake Bay Preservation Act. According to Virginia’s Department of Environmental Quality (DEQ):
Virginia designed the Bay Act to enhance water quality and still allow reasonable development to continue. The Bay Act balances state and local economic interests and water quality improvement by creating a unique cooperative partnership between state and Tidewater local governments to reduce and prevent nonpoint source pollution. The Bay Act recognizes that local governments have the primary responsibility for land use decisions, expanding local government authority to manage water quality, and establishing a more specific relationship between water quality protection and local land use decision-making.
The Bay Act Program is the only program in Virginia state government that comprehensively addresses the effects of land use planning and development on water quality. It is also the only program that has as one of its core elements a requirement to assist local governments with land use planning to meet water quality goals and the development of land use ordinances and comprehensive plans.
At the heart of the Chesapeake Bay Preservation Act is the concept that in any given watershed, actions in that watershed impact others downstream.
However the proposed Albemarle stream health incentive fail to recognize the value of environmental activity outside of Albemarle County:
9. Require that all stormwater treatment be conducted on-site or that any nutrient credits purchased are from a nutrient credit bank located in Albemarle County in order to qualify for special exceptions to zoning requirements, density bonuses, or cluster provisions,
Beyond the philosophical whiplash of this Albemarle-centric regulation, the reality is – There is no nutrient bank located in Albemarle County.
Interestingly there is a “pending” application for Ivy Creek that was submitted 7/21/
0616 [Date corrected 10/30 -nw]. It just so happens that the Bank sponsor is former Albemarle Supervisor David Slutsky.
When I pressed staff on this issue earlier this month, I was told three things:
- this was a concept they heard from the public
- this is an incentive developers don’t have to use
- there could be a nutrient bank in Albemarle in the next 20 years.
Regarding #3 Prince Charming “could” come riding in on his horse and we “could” live happily ever after. Honestly, I don’t recall a single regulation ever prospectively passed on a “could be” concept.
To be clear, we sincerely appreciate the significant public outreach staff is doing with these draft proposals. The Free Enterprise Forum encourages readers to review the proposals and provide feedback via the county’s short online survey. A public meeting is also scheduled for November 1, 2018 at 4:00 pm in Lane Auditorium of the County Office Building at 401 McIntire Road in Charlottesville.
Absent your input, this fractured fairy tale of an ordinance may become a reality and an incentive that can’t be achieved may become law – that’s enough to make anyone ‘Grumpy’
Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and Nelson County.
Photo Credits: Disney