Albemarle County, VA

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Riparian Buffer Requirements

The way in which landowners manage the land along waterways plays a direct and critical role in the health of our streams, rivers, and drinking water reservoirs. Anytime there is a land disturbing activity (LDA) greater than 10,000 square feet, riparian buffers must be maintained. Specific restrictions and requirements depend on the property location, the type of land use or activity, and whether a stream is perennial (flows year-round) or intermittent (flows for part of the year). Please refer to Section 17-600 of the Water Protection Ordinance (WPO) for more specific detail on allowable activities and land uses within riparian buffers (referred to as ‘stream buffers’ in the WPO).

Contact WPO Administrator, Frank Pohl (fpohl@albemarle.org), for specific questions about riparian buffers.

Location

Within Development Areas identified in the Comprehensive Plan (and not within a Water Supply Protection Area), and the Town of Scottsville, retention of 100-ft riparian buffers during a land disturbing activity is required on both sides of perennial streams and contiguous wetlands.

Within Rural Areas and Water Supply Protection Areas, retention of riparian buffers during a land disturbing activity is required to extend to whichever of the following is wider:

100-ft on both sides of all perennial or intermittent streams and contiguous wetlands; OR
The limits of the 100-year floodplain.

On lands adjacent to public water supply reservoirs, retention of riparian buffers during a land disturbing activity extends 200-ft from the 100-year floodplain.

Around ponds associated with streams requiring buffers, 100-ft buffers are required.

Please see the County Web GIS map to see the overlay of riparian buffers for a particular parcel. Disclaimer – Buffer overlay mapping may not be entirely accurate and field verification may be required.

General Management Requirements

For each riparian buffer that is required to be retained during a land disturbing activity, the WPO outlines the following general management requirements:

Buffers are maintained if present and established if not present;
Buffers are maintained as natural as possible, with the preferred vegetative cover a native riparian forest with ground cover, shrub, and tree canopy layers;
Buffers are incorporated into the design of development and kept in open or natural space, and out of residential lots or areas of active use, to the fullest extent possible; and
No native vegetation is disturbed or removed, or if necessary for permitted uses, that disturbance is minimized.

Activities and Land Use

For Developers

In general, the WPO requires 100-ft buffers to be retained along streams and adjacent ponds and contiguous wetlands during a land disturbing activity greater than 10,000 square feet.

Buffers are required to be incorporated into the design of the development in open or natural spaces.

Native vegetation within buffers is required to be retained to the greatest extent possible and should be reestablished if not present.

Structures and improvements are generally not permitted within buffers.

Development-related structures and improvements that are exempt from the stream buffer requirements, provided that certain requirements are satisfied, include (WPO Section 17-602):

Utility and transportation improvements;
Public water and sewer improvements; and
Public airport improvements.

Limited structures, control measures, and activities permitted, provided that certain requirements are satisfied, include (WPO Section 17-603):

Pre-existing buildings and structures, including additions and expansions; Temporary erosion and sediment control measures in the outer 5-feet with mitigation; and
Water-dependent facilities and other miscellaneous uses.

Limited structures, improvements, and activities that may be authorized under certain circumstances and with an approved mitigation plan include (WPO Section 17-604):

Infrastructure necessary for the reasonable use of the lot (permitted within the outer 50-feet of the riparian buffer only);
Structures, improvements, or activities within the outer 50-feet of an intermittent stream located within a Development Area that overlaps a Water Protection Supply Area;
Lakes, ponds, or restoration projects;
Stream crossings;
Water and sewer facilities; and
Sole building sites on pre-existing lots.

For Residents

In general, the WPO requires 100-foot buffers to be retained along streams and adjacent ponds and wetlands during a land disturbing activity greater than 10,000 square feet.

Structures and improvements are generally not permitted within buffers. However, provided that certain requirements are satisfied, there are some exceptions including:

Pre-existing buildings and structures;

Water-dependent facilities such as boat docks and ramps;
Water wells;
Passive, non-motorized recreation access, such as pedestrian and bicycle trails; and
Fencing.

Retention of native vegetation within buffers to the greatest extent possible is strongly encouraged. Removal of vegetation may be necessary and is allowed in certain circumstances, such as:

Removal of dead, dying, diseased, or hazardous trees and shrubs;
Control of noxious weeds or invasive exotic plants;
To provide for shoreline erosion control; and
To allow for permitted structures and activities.

Best Management Practices (BMPs) are strongly encouraged, especially along waterways, and many cost-share opportunities exist to help support landowners with BMP cost and installation.

For Farmers and Forest Owners

The WPO defines agricultural land as “…land used for horticulture, viticulture, silviculture or other gardening which may involve the tilling of soil for the raising of crops; the keeping of livestock and/or poultry; and/or agricultural industries or businesses, such as, but not limited to, orchards, fruit packing plants, dairies, nurseries or wayside stands.”

Agricultural, horticultural, and silvicultural activities are generally exempt from the Virginia Erosion and Stormwater Management Program (VESMP), and from the riparian buffer requirements in the county’s WPO, which is aligned with those state programs, provided that:

The agricultural or horticultural land use is considered bona fide agricultural or improved pasture use as described in Virginia Code § 10.1-1163(B); and

Silvicultural activities are conducted in compliance with the water quality procedures described in the Department of Forestry’s "Virginia's Forestry Best Management Practices for Water Quality" (VDOF BMP Manual). In order to be in compliance, the VDOF BMP Manual requires:

Retention of a minimum 50’ riparian buffer where 50% of the canopy or basal area may be removed;
Retention of riparian buffers wider than 50’ on steep slopes, trout streams, and lands adjacent to municipal water supplies; and
Specifications for debris in streams, stream crossing design and construction, culverts, establishment and maintenance of forest roads, and other activities;

Installation of a fence for agricultural use across a stream within the Flood Hazard Overlay District (100-yr floodplain) requires a Floodplain Development Permit and breakaway design standards. Visit Engineering Applications to learn more.

Land disturbances associated with farm buildings and other structures, horse rings, and other recreational improvements are not exempt activities and require WPO permitting. Areas of residential land use within a larger farm property are also not exempt from the requirements of the WPO.

Best management practices for agriculture, although not required by law, are strongly encouraged. Some examples of BMPs for agriculture that can have a significant impact on stream health include:

Fencing livestock out of streams;
Installing alternative watering systems for livestock;
Planting riparian buffers with native vegetation; and
Establishing nutrient management plans.

There are many agricultural cost-share programs available that help pay for and install BMPs, to protect soil and water resources while providing technical and financial support to the landowner.