When an applicant can demonstrate that the application of the CBPA standards to a lot or parcel located within the CBPA Overlay District would unreasonably restrict the utilization of the property under its existing zoning classification, the applicant can submit a written request for an exception or waiver to the Planning Department. This application pertains to the encroachment within the 50-foot landward portion of the 100-foot Resource Protection Area (RPA) buffer of the Chesapeake Bay Preservation Area (CBPA) district. It is intended for new development OR additions/alterations on pre-existing "grandfathered" lots (lots recorded prior to January 21, 1992, or recorded prior to March 1, 2002 within subdivisions that have a functioning BMP). All development occurring in the RPA of the CBPA district must be approved by the CBPA Review Committee.
All applicants should review the City's CBPA Ordinance in Chapter 26, Article X of the City Code as well as the current CBPA Specifications Manual for additional information on district requirements. The following types of activities within the 50-foot landward portion of the 100-foot RPA require review by the CBPA Review Committee only:
- Addition(s) to the principal structure, provided that no more than one detached structure located within six feet of the principal building shall be entitled to a waiver by the CBPA Review Committee
- Redevelopment activities outside the IDA
- Roads or driveways
- Redevelopment activities within an IDA
- Flood control or stormwater management facilities
- Bona fide agricultural activities
- Wetland restoration activities
5 p.m. two weeks prior to the first and third Tuesday of each month.
Preparation for Online Application Submittal
- Street Address of the Property or (Tax) Parcel Number
- Legal Description, Deed Book and Map Book if available
- Calculations required to submit; for example, land disturbance, water quality impact assessment (WQIA), etc.
- Electronic Plan, drawn to scale, including all required elements, ready to upload as a PDF
- Acceptable Filing Fee payment method readily available (credit cards or eCheck/linked bank account). The filing fee for CBPA is calculated per lot.
Apply online using eBUILD