Arlington County, VA Environmental Rules: Boat Dock Permits (2026)
Key Facts
- Governing permit
- Director approval under § 61-7(A)
- Environmental review
- Water Quality Impact Assessment, § 61-12
- Minor WQIA threshold
- up to 5,000 sq ft of RPA buffer disturbance
- Civil charge cap
- up to $10,000 per violation
- Court civil penalty
- up to $5,000 per day of violation
- Administering agency
- Director, Dept. of Environmental Services
Summary
Arlington County treats boat docks and marinas as "water-dependent facilities" under its Chesapeake Bay Preservation Ordinance. Building one inside a Resource Protection Area requires Director approval under County Code § 61-7, plus a Water Quality Impact Assessment under § 61-12 showing minimum disturbance, buffer-vegetation improvement, and no conflict with the comprehensive plan before construction can begin.
A. Allowable development in RPAs. Land development in RPAs may be allowed only when permitted by the Director and if it: (i) is water-dependent; or (ii) constitutes redevelopment; or (iii) constitutes new development or redevelopment within a designated intensely developed area; or (iv) is a road or driveway crossing satisfying the conditions set forth in § 61-7.A.3 below; or (v) is a flood control or stormwater management facility that satisfies the criteria in § 61-7.A.4. 1. A new or expanded water-dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the County's comprehensive plan; b. It complies with the performance standards set forth in § 61-10 of this chapter; c. Any nonwater-dependent component is located outside of the RPA and any structures/facilities considered accessory to the water-dependent use must be reviewed through the formal process; and d. Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.
Full Breakdown
Chapter 61, the Chesapeake Bay Preservation Ordinance, defines a "water-dependent facility" in § 61-3 to include, among other uses, "marinas and other boat docking structures," alongside ports, treatment-plant intake and outfall structures, and water-oriented recreation. Because Resource Protection Areas (RPAs) along the Potomac shoreline and its tributaries otherwise bar land disturbance, § 61-7(A) carves out an exception: land development in an RPA "may be allowed only when permitted by the Director" and only if it is water-dependent, redevelopment, within a designated intensely developed area, a qualifying road or driveway crossing, or a flood-control or stormwater facility.
For a new or expanded water-dependent facility such as a boat dock, § 61-7(A)(1) requires the project to not conflict with the County's comprehensive plan, to meet the performance standards of § 61-10, to keep any nonwater-dependent component outside the RPA, and to reach the water via "the minimum disturbance necessary," with a single point of access where practicable. Every such project must also go through the Water Quality Impact Assessment process under § 61-12: a minor WQIA covers disturbance of up to 5,000 square feet in the landward 50 feet of the RPA buffer, while larger or more sensitive proposals trigger a major assessment, both administered by the Director of the Department of Environmental Services, who charges fees under the County's adopted Permit and Plan Review Fee Schedule per § 61-4.
The WQIA must demonstrate a net improvement in RPA buffer vegetation and riparian habitat, not merely compliance with the separate Chapter 60 Erosion and Stormwater Management Ordinance.
Violations & Fines
Building or expanding a dock without Director approval and an approved WQIA is unlawful under § 61-18(A)(1). The Director can serve a notice of violation and require restoration, including replacement of illegally removed trees, and the County Manager may seek injunctive relief under § 61-17. Violators face a one-time civil charge of up to $10,000 per violation, or, if referred to circuit court, civil penalties of up to $5,000 per day of violation under § 61-18(B).
Frequently Asked Questions
Do I need a county permit to build a boat dock in Arlington County?
What is a Water Quality Impact Assessment?
What happens if I build a dock without approval?
Does the dock also need a zoning permit?
Sources & Official References
Other rules in Arlington County
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