How Chesapeake Handles Environmental Rules: A Practical Guide

Chesapeake maintains 99 local ordinances across all categories, and 5 of those deal specifically with environmental rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Chesapeake falls on the strict-to-permissive spectrum compared to other cities.

Boat Dock Permits

Building or expanding a boat dock, pier or marina in Chesapeake's Resource Protection Area requires case-by-case approval from the CBPA review committee. City Code Sec. 26-519 allows a new or expanded 'water-dependent facility' only if it doesn't conflict with the comprehensive plan, keeps non-water-dependent parts out of the RPA, and reaches the water with minimal land disturbance.

Key details: RPA buffer width: 100 feet along shoreline. Water-dependent facility: includes marinas, boat docks. Approval authority: CBPA review committee. Appeal window: 10 days to CBPA board. Misdemeanor penalty: up to $1,000/day.

Building a dock, pier or other water-dependent facility in the RPA without CBPA review committee approval violates the CBPA ordinance under Sec. 26-530(a), a Class 1 misdemeanor punishable by a fine of up to $1,000, with each day a separate offense. The circuit court can also impose a civil penalty of up to $5,000 per day of violation, or the CBPA board can set a one-time consent civil charge of up to $10,000 per violation, and the violator can be ordered to restore the disturbed shoreline at their own expense.

Compared to other cities, Chesapeake takes a harder line on boat dock permits. The enforcement and penalty structure reflects that.

Stormwater Management

Chesapeake bills every developed property a stormwater utility fee to fund its drainage system: $11.35 a month per Equivalent Residential Unit (2,112 square feet of impervious surface), with nonresidential parcels charged in multiples of that rate based on their own impervious area. City Code Sec. 26-372 sets the rate; Sec. 26-370 through 26-377 govern billing, credits and appeals.

Key details: Residential rate: $11.35/month per ERU. 1 ERU: 2,112 sq ft impervious surface. Billing cycle: biannual, due within 30 days. Late payment: judgment-rate interest plus property lien. Agricultural land: exempt (houses still billed).

A bill unpaid more than 30 days after the bill date is deemed delinquent under Sec. 26-373: interest accrues at the judgment rate established by state law, and the unpaid balance, interest and collection costs become a lien against the property ranking equally with unpaid tax liens, collected by the city treasurer through action at law or suit in equity.

Flood Zones

Any development inside a Chesapeake floodplain, from a new house to fill dirt, needs a permit from the floodplain administrator before work starts. The city maps two overlay districts, the special floodplain (AE zone) and the approximated floodplain (A or A99 zone), under Chesapeake City Code Sec. 26-86 et seq.

Key details: Enforcing official: Floodplain administrator (dir. of development & permits). Applies to: All floodprone land, public and private. Special floodplain district: AE zone, mapped base flood elevations. Approximated floodplain district: A/A99 zone, estimated boundary. FIRM basis date: December 16, 2014.

Building or filling in a Chesapeake floodplain without complying with Sec. 26-86 et seq. is a misdemeanor punishable by a fine of $10.00 to $1,000.00 per violation under Sec. 26-92. If a violation is not corrected after conviction, the court sets a deadline to fix it, and missing that deadline is a separate offense for every ten-day period, with fines rising to $100.00 to $1,500.00. The city can also declare a noncompliant structure a public nuisance and withhold flood insurance eligibility.

This is one of the stricter rules in Chesapeake's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Flood Elevation Requirements

New homes and major renovations in a Chesapeake flood zone must sit at least 1.5 feet above the federally mapped base flood elevation, a margin the city calls freeboard. Chesapeake City Code Sec. 26-100 sets that floor-height rule, and Sec. 26-99 pushes furnaces, water heaters, and other equipment up to the same 1.5-foot mark.

Key details: Freeboard above BFE: 1.5 feet, residential and non-residential. Utility equipment elevation: 1.5 feet above BFE. Flood-proofing alternative: Non-residential only, PE/architect certified. Flood vent minimum: 1 sq in opening per sq ft enclosed area. Elevation certificate: Required before certificate of occupancy.

Elevating a home or its equipment below the 1.5-foot freeboard mark, or skipping the required elevation certificate, is a Sec. 26-92 misdemeanor carrying a fine of $10.00 to $1,000.00 per violation. An uncorrected violation triggers a court-ordered deadline to fix it, and blowing that deadline is a fresh offense every ten days, with fines climbing to $100.00 to $1,500.00. The floodplain administrator can also withhold the certificate of occupancy until the freeboard and elevation-certificate requirements are met.

Erosion Control

Chesapeake bars land disturbance until the city approves an erosion and sediment control plan and issues a land-disturbing permit. City Code Sec. 26-346(a) makes plan approval and permitting a precondition to grading, clearing or construction citywide, with numeric disturbance thresholds under Sec. 26-344 and 26-347 triggering the requirement.

Key details: Permit required: before any regulated land disturbance. Disturbance threshold: 10,000 sq ft (2,500 sq ft in CBPA). Plan review timeline: 60 days for a complete plan. Civil penalty, no permit: $1,000 under Sec. 26-362(d)(2). Civil penalty, BMP failure: $100 per violation.

Chesapeake enforces erosion-control violations two ways under Sec. 26-362(d). The General District Court can assess a civil penalty of $100 per violation for failing to install, implement or maintain required controls such as silt fences, sediment traps or construction entrances, and $1,000 for commencing land-disturbing activity without a city-approved plan and permit, with total civil penalties from one set of facts capped at $10,000. Alternatively, the city can prosecute the violation as a Class 1 misdemeanor carrying up to a $32,500 fine and 12 months in jail, with each day a separate offense.

The Bottom Line

Chesapeake is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Chesapeake, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Chesapeake can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.