Hampton, VA Environmental Rules: Boat Dock Permits (2026)
Key Facts
- RPA buffer width
- 100 ft, generally not reducible
- Qualifying use
- Water-dependent facility: docks, piers, marinas
- Non-qualifying structures
- Need BZA exception under § 9-19
- Encroachment permit fee
- Piers exempt under § 33.3-17(d)
Summary
In Hampton, Virginia's mapped Chesapeake Bay RPA buffer, a pier, dock, or other water-dependent facility may encroach on the 100-foot buffer only if it meets four criteria in Zoning Ordinance § 9-14; anything else needs a Board of Zoning Appeals exception.
(2)Permitted encroachments in the RPA. Land development, redevelopment, and land disturbing may be allowed in the RPA only if it is one or more of the following permitted encroachments. If all applicable requirements set forth in this subsection are not satisfied, an exception request in accordance with subsection 9-19(1) shall be required. Such permitted encroachments include:(a)A water-dependent facility that satisfies the following:(i)It does not conflict with the comprehensive plan;(ii)It complies with the general performance criteria set forth in section 9-13;(iii)Any non-water-dependent component is located outside the RPA; and(iv)Access to the water-dependent facility will be provided with the minimum disturbance necessary.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Hampton Zoning Ordinance § 9-14 keeps the 100-foot Resource Protection Area (RPA) buffer intact along the shoreline but lists specific "permitted encroachments." A water-dependent facility, docks, piers, and marinas, per the definitions chapter, may be built in the buffer without a formal exception if it does not conflict with the comprehensive plan, meets general performance criteria, keeps any non-water-dependent component outside the RPA, and uses minimum necessary access disturbance. A structure that does not qualify needs a Board of Zoning Appeals exception under § 9-19. Separately, City Code § 33.3-17(d) exempts piers from the RPA encroachment permit fee that applies to other buffer structures, state Wetlands Board/VMRC permitting is a separate process this ordinance does not cover.
Violations & Fines
A dock or pier that fails § 9-14's water-dependent-facility test cannot proceed as a permitted encroachment: the owner must obtain a formal exception from the Board of Zoning Appeals under § 9-19 before building in the RPA buffer.
Frequently Asked Questions
Can I build a dock in Hampton's Chesapeake Bay buffer?
Do I pay Hampton's RPA encroachment permit fee for a pier?
Sources & Official References
Other rules in Hampton
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