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*FACTS YOU NEED TO KNOW ABOUT LOUDOUN'S CHESAPEAKE BAY ORDINANCE*

July 2, 2010

*FACTS YOU NEED TO KNOW ABOUT LOUDOUN'S CHESAPEAKE BAY ORDINANCE*

1. The CBPO requires 100 foot NO DISTURB buffers on each side of most anything that resembles a drainage ditch. Thousands of unsuspecting suburban homeowners' back yards will now be "*NO DISTURB AREAS." *

2. Loudoun County Staff estimates the Possible Resource Protection Area (RPA) --which means* NO DISTURB BUFFER AREAS*--to be half the County. County staff does not want to release the online map showing the extent of the Possible RPA and *has released an inaccurate map* that is "*subject to change*". See Ordinance section 1222.08.

3. County staff estimates *it may cost $6700 *for an owner of a one-quarter acre lot with an existing home, to map the extent of the RPA on his lot before installing a patio or other minor improvement. See staff report. *That's $6700 to ask for permission.*

4. Staff claims the Ordinance will only apply to a few. That is simply not true. If the Ordinance is passed Loudoun County will be allowed to "manage" every minor homeowner use such as planting and small buildings in all yards. . Some areas will allow nothing to be done. Others "might" if they feel like giving permission. See sections 1222.11 (b) and 1222.09 (b) of the Ordinance.

5. *Scientists have studied Loudoun's streams and reported to us that they are in great condition*. The County's own stream assessment says 94% of our streams are in the top two (of 4) categories for health, and none of our streams are "poor," the bottom category. See county stream assessment, http://www.loudoun.gov/Default.aspx?tabid=2548.

6. The State of Virginia studied whether Loudoun County needed to be part of measures to protect the Bay and concluded *there is no science to justify the heavy administrative burden, cost and taking of private property* for no disturb buffers. See state study, Report of the Joint Legislative Audit and Review Commission, Implementation of the CBPA, House Document No. 23, http://jlarc.state.va.us/Reports/rpt281.pdf See also, Vermont Journal of Environmental Law, http://www.vjel.org/editorials/ED10053.html .

7. The CBPO discourages all land disturbing activity, believe it or not that includes agriculture. Under the proposed ordinance agricultural and farm animal uses would be subject to expensive overly restrictive standards and "mitigation." *This will destroy agriculture and livestock businesses in our County*. We already have strict limits on development and use of land. It simply is not necessary to impose hardships on farming. If land has become so sacred that it cannot be used for food production then we are in bigger trouble than we know.

8. The CBPO defines "development" as any land disturbance greater than 2500 square feet, and demands that if anyone "develops" their property, they must plant and preserve the mandated 100 foot buffers and do expensive water quality studies.

9. The CBPO deems all uses in land that has RPA "non-conforming" this will have a detrimental affect on the value of many properties.

10. The Dillon Rule is a law that requires studies to justify the need for tidal buffers on non tidal land. The County has not yet done such a study, NONE. This means that if the Board of Supervisors ignores the simple facts that make this unnecessary, and pass it, it will be challenged and tossed out. But only after taxpayers pay for all this nonsense. Wasted time, wasted money, no gain.


We all value good water quality. The good news is that streams are in great condition right now. This means this proposed ordinance, the *Chesapeake Bay Proposed Ordinance is BAD FOR LOUDOUN*

* **TAKE ACTION*

A. Map your property to see where the RPA and Possible RPA are shown, and then zoom out to see your neighbors: Go to www.loudoun.gov ? Click on "Assessments/Parcels" under e-Services Click on box "Yes" at bottom. ?Click on circle "Property Address." ?Put your address in empty box (do not use "Road.")?Click box "Submit."?Click on "Map It."?Click "Yes" box?. Click on "Map Layers" on top left tab?. Click on "Land Records" box. ?Click on "Environmental."?Click box for "Buildings" and for "Draft RPA Screening Tool." ?Click on "Apply" oval at bottom left. ?Resource protection and Possible Resource protection areas that require preservation are shown. ? Dots are buildings.

That was easy.

B. Here are two Facebook pages set up by concerned citizens, with a lot of information: http://www.facebook.com/pages/Loudouns-Chesapeake-Bay-Act/114808068538296 and http://www.facebook.com/pages/Loudoun-Citizens-United/125411734146789

C. Call, write or email your Supervisor. Attend public input sessions.

http://www.loudoun.gov/Default.aspx?tabid=990&zoom_highlight=terms

or send a letter to all 9 supervisors

bos@loudoun.gov

D. Talk to your neighbors, HOA's, community groups and business associations about this proposal

E. The Board of Supervisors will take this up in September and it is on a fast track. Get active now and make your voice heard to stop this ordinance from being passed

F. Citizens opposed to this ordinance are FOR clean water. This ordinance will not adequately address water quality but will adversely affect what Loudoun citizens can do with and on their privately owned property.

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