With the extreme growth rate that Loudoun has experienced, it would probably surprise no one to find out that Loudoun's stream health is comparatively worse than Virginia's overall stream health.

• More and more of Loudoun's stream miles are being added to the Department of Environmental Quality's list of polluted waters every reporting period.
• From 2005-2009 between 53% and 83% of streams sampled exceeded State limits for recreational/swimming use due to potential pathogens indicated by the presence of E. coli bacteria.
• And carcinogenic PCBs were recently found in fish caught in Goose Creek, while fish in Broad Run were found with PCBs and mercury.

To address this growing problem and help ensure clean drinking water, the Loudoun Board of Supervisors is considering adopting the Chesapeake Bay Protection Ordinance. The ordinance would establish new rules for land use along perennial streams (streams that flow year-round).

Within a 100-ft buffer on either side of these streams, the proposed ordinance would limit new structures and land disturbance, and encourage maintenance and preservation of vegetation. Countywide, the ordinance would:

• Increase the stringency for grading & erosion control and other development related restrictions,
• Regulate stormwater management facility maintenance,
• Include a 5-year pump out provision for conventional septic systems or maintenance certification on alternative septic systems.

The Process

This ordinance, referred to as the "Chesapeake Bay Preservation Ordinance" is already in place in 84 other jurisdictions in Virginia --including suburban and urban communities like Fairfax, Alexandria and Richmond, and rural counties like Caroline, King William and Chesterfield. And after detailed review and consultation with stakeholders, the Planning Commission voted on May 12, 2010 to recommend that the Loudoun Board adopt the ordinance.

The Board of Supervisors is currently taking comment on the proposed ordinance, and has delayed further action on the issue until September 21, 2010. For more information from Loudoun County, see the July 29 PowerPoint and the FAQ about the proposed ordinance.

Ask the Board to approve the ordinance or keep working on it this fall.
 

More About the Ordinance

The main goal of the ordinance is to protect existing natural streamside filters (trees, shrubs and grasses) from being destroyed or reduced. The ordinance would do this by regulating the removal of existing trees and shrubs and discourage building structures in the 100ft closest to perennial streams. This would help prevent local water quality from getting worse and enhance efforts to improve water quality further downstream.

Science has shown that natural buffers are critically important to our waterways and our drinking water supply -- when mature trees and natural areas are removed, streams immediately show the impacts, flowing at higher rates during storms, filling with sediment and other runoff from outside the streams (herbicides, pesticides, fertilizers, etc). In addition, the volume of stormwater in the streams creates new and higher rates of in-stream erosion. The more sediment in our water supply, the more it costs all of us to clean it up.

The proposed ordinance does not force homeowners or landowners to change their current practices and plant trees and shrubs if those natural filters are not already in place. These would remain voluntary measures which could however, make a huge difference for our entire community.

In fact, many landowners are already going above and beyond what the ordinance requires because they have discovered that protecting their streams is in their best interest. And for every voluntary measure that landowners and homeowners take, we all benefit. Unfortunately, voluntary efforts have not been enough on their own.

Please check out loudounstreams.org, the weblog for the Clean Streams Coalition for more information on the proposed ordinance (PEC is actively participating in this group).