Virginia Statewide Rule

Virginia Chesapeake Bay Preservation Act Coastal Buffers

Heavy RestrictionsApplies statewide across Virginia (2026)

Key Facts

Statute: Va. Code 62.1-44.15:67
RPA Buffer: 100 feet vegetated
Septic Pumpout: Every 5 years
Coverage: Tidewater Virginia only

Last verified: September 5, 2026Source: Virginia Legislative Information System

Summary

The Chesapeake Bay Preservation Act mandates 100-foot vegetated buffers along tidal waters and tributaries in 84 covered Tidewater localities, with state-set criteria local ordinances must meet or exceed.

The Resource Protection Area shall include: 1. Tidal wetlands; 2. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; 3. Tidal shores; and 4. Such other lands considered by the local government to meet the provisions of subsection A of this section and to be necessary to protect the quality of state waters. 5. A buffer area not less than 100 feet in width located adjacent to and landward of the components listed in subdivisions 1 through 4 of this subsection, and along both sides of any water body with perennial flow.

Source: Virginia Legislative Information SystemView official code

Full Breakdown

Va. Code Section 62.1-44.15:67 et seq. designates Resource Protection Areas within Tidewater Virginia, requiring 100-foot Resource Protection Area buffers adjacent to tidal shores, perennial streams, and tidal wetlands. The Chesapeake Bay Local Assistance regulations (9VAC25-830) set performance criteria for development, redevelopment, septic pumpout requirements, and impervious cover limits. Tidewater localities listed in 62.1-44.15:68 must adopt conforming ordinances; non-Tidewater jurisdictions are not covered by the Act.

Violations & Penalties

Clearing vegetation or building within an RPA buffer without approval triggers restoration orders and civil penalties. Under § 62.1-44.15:74 a court may assess up to $5,000 per day of violation; a locality may impose civil charges up to $10,000 by consent.

Frequently Asked Questions

What is a Resource Protection Area in Virginia?

RPAs are sensitive lands within 100 feet of tidal waters, tidal wetlands, or perennial nontidal streams. Development is sharply restricted to protect Chesapeake Bay water quality.

Does the Bay Act apply to my property?

Only if you live in one of the 84 Tidewater localities listed in Section 62.1-44.15:68. Inland counties like Roanoke or Wise are not subject to the Act.

Sources

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