Does the Chesapeake Bay Act affect buying a house in the Richmond area?

It can, but only if part of the lot falls in a Resource Protection Area. Under Virginia’s Chesapeake Bay Preservation Act, Richmond city, Henrico, Chesterfield and Hanover must map Chesapeake Bay Preservation Areas and limit what can be built in them. For most buyers, the issues are a 100-foot buffer along perennial streams and wetlands where new structures and clearing are restricted, and, if the home is on septic, a pump-out every five years. Goochland and Powhatan aren’t on the state’s list of localities the Act requires to do this.

Virginia sellers don’t have to tell you whether a property is affected, so this is something to check yourself before you’re committed.

Which Richmond-area localities are covered by the Bay Act?

The Bay Act’s land-use requirements apply in what the law calls “Tidewater Virginia.” The list in Va. Code § 62.1-44.15:68 includes the City of Richmond and the counties of Chesterfield, Hanover and Henrico, along with Hampton Roads and Northern Virginia localities. Goochland and Powhatan aren’t on it, and neither are the Charlottesville or Lynchburg areas. Outside the list, check the county’s own zoning and stream buffer rules rather than assuming none apply.

Per the Virginia Department of Environmental Quality, the Act dates to 1988 and is administered by local governments, with DEQ overseeing 84 local Bay Act programs. Each locality adopts its own map, ordinance and review process, so details differ by jurisdiction.

What’s the difference between an RPA and an RMA?

Chesapeake Bay Preservation Areas come in two main types:

Designation	What it includes	What it means for an owner
Resource Protection Area (RPA)	Tidal wetlands, tidal shores, nontidal wetlands connected to perennial streams, and a buffer of at least 100 feet landward of those features and along both sides of any perennial stream (9VAC25-830-80)	Most new development is not allowed in the RPA; vegetation must be kept
Resource Management Area (RMA)	Land next to the RPA that could degrade water quality if developed carelessly; localities define it, often including floodplains and setbacks	Building is allowed, but under performance standards such as erosion control and stormwater rules

Some localities also designate Intensely Developed Areas, mostly older built-up areas where redevelopment rules differ. The City of Richmond, for example, designates all three.

How much land is involved varies a lot. The City of Richmond’s Chesapeake Bay public information manual (dated 2017) said Chesapeake Bay Preservation Areas covered about 35% of the city, with RPAs about 3% and RMAs about 16%. Chesterfield County says its RPAs run along the James and Appomattox rivers, the Falling Creek, Swift Creek and Lake Chesdin reservoirs, and more than 850 miles of perennial streams.

What can you do in a Resource Protection Area?

The state rules in 9VAC25-830-140 allow land development in an RPA only in limited cases, such as water-dependent uses, redevelopment that doesn’t add impervious cover or move further into the RPA, and certain road crossings. The 100-foot buffer has to stay vegetated. Tree removal for sight lines or paths needs local approval and replacement vegetation.

Henrico County’s RPA page translates that into a homeowner-level list:

Generally permitted in Henrico’s RPAs	Generally not permitted
Docks, piers and other water-dependent facilities	New development
Rebuilding existing structures	Parking lots
Water wells, boardwalks, trails and pathways	Sheds, gazebos and other secondary structures
Selective tree removal for sight lines or walkways	Clear-cutting trees
Removing dead or dying vegetation (replaced with equally effective vegetation)	Filling and grading, and establishing new lawn areas

Check your own locality’s ordinance, since each one writes its own rules within the state framework.

Older lots. If the buffer would wipe out the buildable area on a lot recorded before October 1, 1989, the state rules allow an administrative encroachment for the principal structure, but not into the seaward 50 feet of the buffer. Lots recorded between October 1, 1989, and March 1, 2002, may qualify under added conditions. This mostly matters for buyers of vacant lots or teardowns.

Why it matters when you’re buying

Here’s where Bay Act rules tend to matter for buyers:

• The backyard you plan to change. A pool, addition, shed, patio, fence line clearing or new lawn may not be allowed if that part of the yard is in the RPA. If you’re buying with a project in mind, check before you buy.
• The wooded “view” lot. A creek or wetland at the back of the lot is often the appeal. It may also mean a protected buffer you can’t clear.
• Vacant land. Buildable area can be smaller than the acreage suggests. Ask for any prior RPA determination.
• Waterfront. Docks and piers are among the uses an RPA can allow, but they still go through local review.

None of this is a reason to avoid these homes. The buffers are part of what keeps many of these lots wooded. It’s about knowing which parts of the property you can change.

Do sellers have to disclose a Resource Protection Area?

No. Virginia’s residential property disclosure law says the owner makes no representations about whether the property contains a Resource Protection Area, and advises buyers to do their own due diligence, including reviewing the locality’s official RPA map, before settlement under the terms of the contract.

How do you check whether a property is in an RPA?

Start with the locality’s map, then confirm with staff, because the maps are general guides. Field conditions can differ, and site-specific determinations are made when a project is proposed.

Locality	Where to look
City of Richmond	The city’s land disturbance and stormwater permitting page links its interactive Chesapeake Bay map and notes the map is for planning purposes only
Henrico County	The county’s RPA page lists its water quality analysts at (804) 727-8325 or [email protected]; owners can request a stream assessment
Chesterfield County	The county’s Chesapeake Bay Preservation Areas page points to its hydrography map’s RPA layer and its Chesapeake Bay administrator
Hanover County	Public Works at 804-365-6181 can tell you whether a property’s septic system is in a CBPA, per its septic pump-out page

A survey showing streams and wetlands helps too. Our guide on whether you need a survey when you buy in Virginia covers when to order one.

What’s the five-year septic pump-out rule?

Under 9VAC25-830-130, septic systems in Chesapeake Bay Preservation Areas must be pumped out at least once every five years. Localities can allow alternatives, such as an approved effluent filter or a certified inspection showing the tank doesn’t need pumping.

Hanover County’s page spells out how it works there: the county sends reminder letters, accepts a pump-out, a professional inspection or a VDH-approved filter, and asks owners to report compliance to [email protected]. If you’re buying a Hanover, Henrico or Chesterfield home on septic, ask the seller for pump-out records and find out when the next one is due. Our well and septic buying guide covers the inspection side.

Questions buyers should ask before closing

Question	Who can answer it
Is any part of the lot in an RPA or RMA?	Locality map, then local staff
Has the locality made a site-specific RPA determination on this parcel?	Local environmental or public works staff, seller’s records
Is the project I’m planning allowed in that part of the lot?	Local staff before you commit
If the home is on septic, when was it last pumped and is it in a CBPA?	Seller’s records, county public works or health department
Are there existing structures in the buffer, and were they approved?	Local permit records

What should you do next?

If a home you like backs to a creek, wetland or river, build time for these checks into your due diligence period and talk to the locality before you plan any changes. Daniel Keeton, Broker & Founder of Keeton & Co Real Estate, and our local team help Richmond-area buyers think through lot, land-use and septic questions before they write an offer. When you’re ready, start a buyer conversation with our team.