Resource Protection Area (RPA): Chesapeake Bay Preservation Ordinance

Before any disturbance, building or vegetation removal in an RPA, review and approval by the County must occur. In most cases, this review occurs during the building or LDA permit process. You may need RPA review and approval even if a building permit or LDA permit is not required.

Some proposals for expansion or rebuild could require an Exception Request. The RPA permit approval and exception processes typically result in a negotiated solution that benefits water quality and allows the property owner to move forward with their desired property use. 

An RPA permit is not required for:

• Repairs, home gardening and maintenance work (see more information below);
• Removing non-native invasive or noxious vegetation - unless the removal will create bare soil in the RPA.

Gardening – Typical gardening activities are allowed, unless you are digging and exposing the soil of an area greater than 50 feet by 50 feet (2500 square feet) or removing mature trees with a diameter of 3 inches or greater.

Home repair and maintenance – Repairs and maintenance work are allowed within the RPA without County review and approval.

If your home project includes any of the following components, you must submit for County review and approval. The following cannot be categorized as repair and maintenance. Projects that: 

• Change the length or dimensions of a structure, wall or fence 
• Create new paved surfaces, including gravel surfaces, within the RPA, 
• Add a new building 
• Remove one or more trees with a diameter of 3 inches or greater; or 
• Disturb more than 2,500 square feet of land 

For example, an RPA permit would be required for a project to repair a retaining wall if it would increase the height or length of the wall. 

Any development or redevelopment project on properties where RPA is present requires an RPA review. Any project requiring a building or land disturbing activities permit on an RPA property also requires an RPA review. Any work that will remove trees or vegetation in the RPA typically also requires RPA review and approval. 

Types of projects that require RPA review and approval include: 

• Fences or retaining walls in the RPA 
• Adding new paved surfaces in the RPA such as driveways, walkways or patios 
• The removal of any tree, dead or living, with a diameter > 3 inches in the RPA 
• Clearing of vegetation for paths, views or general forest management in the RPA 
• Outbuildings such as sheds or pergolas in the RPA. 
• Expanding or adding a deck to an existing home on a property where RPA is present. 
• Tear down and rebuilds on a property where RPA is present.

An exception is required to:

• Increase impervious cover (rooftop, pavement, etc.) in the RPA
• Build closer to a stream or wetland

The Chesapeake Bay Preservation Ordinance Review Committee (CBORC) hears exceptions for development in the Resource Protection Area including:

• New detached buildings including garages, art studios and large sheds;
• New retaining walls greater than 4 feet in height,
• New swimming pools,
• New patios or permanent firepits,
• New additions when the existing home is not in the RPA,
• Teardown and rebuild proposals that require an exception,
• New homes/buildings on vacant lots platted prior to 2002 proposed within 50 feet of the protected stream or wetland,
• Conversions in the primary RPA use such as the replacement of a SFH with a sport court in the RPA.

Exceptions that don’t fall into these categories are typically approvable by staff. Typical projects approvable by staff include small additions, attached garages, and decks for a home already in the RPA.

Typical types of mitigation requested through the RPA process are:

• Tree replacement or protection
• Invasive plant removal/control, which could include removing vines from trees or more holistic control, depending on the project and site,
• Planting of native trees, shrubs, ferns and groundcovers
• Additional stormwater management measures
• Additional erosion control measures during construction

Re-configuration of the development plan to reduce impervious cover, limit disturbance or protect trees within the RPA may also be required. Each project's mitigation requirement is proportional to the RPA impact. Specific examples are provided in the Stormwater Ordinance Guidance Manual (see How to Apply section of this page for links).

In general, development plans on properties with RPAs should result in enhancement of the Resource Protection Area buffer.

This flowchart can help you understand whether you will need a Water Quality Impact Assessment, Exception Request and/or public hearing as part of your RPA project. For specific language, see Chapter 61: Chesapeake Bay Ordinance.(PDF, 164KB)

See this flowchart as a PDF.(PDF, 55KB)  

(JPG, 222KB)

County staff consider the existing condition of the RPA when they review project proposals.

• Improvement projects should strive to limit new hard surfaces, restrict disturbance in the RPA and protect existing RPA trees.
• If RPA impacts can’t be avoided, mitigation should be proposed.
• In all cases, measures should be included to enhance the existing RPA buffer.

To have a project reviewed, please complete and submit a Water Quality Impact Assessment form. Providing a fully completed form and detailed information about your project will make it faster and easier for staff to review your proposal.

This project would require review and approval by the Chesapeake Bay Ordinance Review Committee. 

• Projects should strive to limit new hard surfaces, restrict disturbance in the RPA and protect existing RPA trees.
• If RPA impacts can’t be avoided, mitigation should be proposed.
• In all cases, measures should be included to enhance the existing RPA buffer.

To have a project reviewed, please complete and submit a Water Quality Impact Assessment form and Exception Request form. 

Small detached structures such as sheds or gazebos that are 100 square feet or less that will be constructed in existing areas of lawn (no trees will be removed) can be approved by staff.

The property owner or their contractor will be asked to fill out the Water Quality Impact Assessment form and provide a map showing where the work will be completed so the project can be reviewed and approved.

Projects such as building a new home require review and approval and an exception may be required.

The property owner or their representative would fill out the Water Quality Impact Assessment form(DOCX, 46KB) with information on their project and include it with the civil engineering plans typically necessary for permitting larger projects.

A site-specific RPA survey is also necessary for projects that will be obtaining a land-disturbing activities (LDA) permit.

Mitigation, such as additional plantings or stormwater management, typically is required for tear down projects, particularly for projects that add new impervious cover in the RPA or that extend further into the RPA.

Yes, even if the project is outside the RPA area on your property, the project is reviewed to ensure that it will not negatively impact the RPA or water quality.

Yes, County staff can consult with you about projects or development activities you are considering and how having RPA on your property could affect those plans. 

Reach out to County staff to schedule a phone call or meeting. A copy of your plat marked with the location of the RPA boundary and the planned improvement may be requested by staff. A draft Water Quality Impact Assessment form and a tree impact and mitigation plan can also be useful to inform staff about your approach. Meetings are typically scheduled during business hours. 

For larger projects that require a land disturbing activities (LDA) permit, there is a fee for the RPA review as part of the permitting process. Check the Permit Fee Schedule for the current fee for single family home projects.