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Supervisors defer action on proposal to guard portion of Potomac River Basin from development
Date published: 5/22/2008
BY KAFIA HOSH
Stafford County officials have delayed a decision on a controversial proposal to guard a portion of the Potomac River Basin from development. The Board of Supervisors agreed early yesterday morning to give county staff more time to research the impact of broadening the plan to protect sensitive water resources in the entire Potomac River Basin. The consensus came after a lengthy public hearing in which dozens of property owners argued that the proposal would limit the use of their land. The Potomac River Re source Protection Overlay District would cover about 24,600 acres east of U.S. 1. It would require 100-foot buffers around intermittent streams and slopes of 15 percent or higher and that are adjacent to the streams. Intermittent streams are defined as natural or engineered channels that flow only during certain times of the year, according to the ordinance's background report. The additional buffers would help remove sediments, nutrients and pollutants from surface water runoff and improve the quality of water flowing into streams and rivers. But the proposal would restrict what some property owners can do with their land. New developments and changes to existing lots of record would fall under additional criteria. Landowners would be responsible for identifying intermittent streams and 15 percent or higher slopes adjacent to the streams on their property. Once identified, those areas would be restricted from development. Rock Hill Supervisor Cord Sterling, whose district is west of the proposed overlay district, said the ordinance would limit landowners' ability to subdivide their property. "So, I'm taking a use from these property owners that they have today," he said. The county attorney's office also had some concerns with the overlay district, according to a confidential memo obtained by The Free Lance-Star. The memo said the ordinance raises legal questions because it identifies only one area of protection. According to the document, landowners may be able to dispute the ordinance if they can find similar property outside of the district that is not required to meet the same restrictions. Instead of creating an overlay district, the memo suggests that supervisors consider extending protection of the streams throughout the county by using provisions in the Chesapeake Bay Preservation Act. Supervisors agreed to give county staff more time to assess the economic impact of protecting the entire basin. They also want to know how much the analysis would cost. The staff will also perform field studies on some parcels in the basin to gauge the impact. County Administrator Anthony Romanello will give supervisors a timeline on the analysis and sample field work at the board's June 3 meeting. Kafia Hosh: 540/735-1977
It appears someone at the County level leaked a confidential legal memo that has the potential to weaken the legal standing of the County in a court case.
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