KERR: Repealing the Potomac Resource Protection District

Whenever a legislative body changes hands as decisively as the Stafford County Board of Supervisors did in last year’s election you know things are going to change. Usually, this means repealing a lot of the other party’s initiatives and decisions from the prior term. The list of just the ordinances and taxes that will likely meet the chopping block hasn’t been determined yet. One, initiative, an important conservation decision, that looks like it could be one of the first to go is the Potomac River Resource Protection Overlay District. Several of the members of the board are confident they have the votes to repeal the district.

However, before they do away with what many considered to be one of the most forward thinking conservation rules in our county’s history, maybe they’d be wise, to take a deep breath and think about what they’re doing. At the very least, rather than repeal it completely, they could, and remember in politics compromise is not a dirty word, only modify it some.

One of the reasons why communities have these resource districts in our region is to protect the water quality of streams, the river and the bay. Anyone who spends any time, on or near these majestic gems, or just reads the water quality reports that show up in the newspaper, knows they’re in jeopardy. The district in Stafford is surprisingly small. Actually, I think it’s too small, but at this point, that argument won’t go far. It covers the area east of Highway One, north of the Potomac Creek on up to the county line with Prince William. It affects approximately 24,600 acres. What it does is create a 100 foot construction zone along the designated waterway. This includes, along with smaller waterways, the larger tributaries such as Aquia Creek, Accokeek, and Potomac Creek. It also has a slope provision that extends the buffer beyond an area, adjacent to the waterway, where this is a slope with a gradient of more than 15 percent.

Construction, and development, close to waterways is a significant source of water contamination. Also, the destruction of natural foliage, and the disruption of soils close by these tributaries and streams, contributes to the potential severity of floods. This is fairly well established.

This legislation was enacted in 2008 on largely partisan lines. It could well be repealed much the same way. But before that’s done, the board should remember that this is not some sort of brand new Stafford County socialism or taking. There is a lot of precedent for it. Fairfax County has a 100 foot limit, Prince William has buffer zones, and so do such diverse counties such as Goochland, Albemarle and the City of Virginia Beach.

The new board, or so it seems, is anxious to charge ahead with a repeal. However, maybe, when they do this, they could remember the good reasons why the district was enacted, and look for some potential middle ground. They would be setting an outstanding precedent if they did.

David S. Kerr is an Aquia resident and a former member of the Stafford County School Board. Contact him at info@staffordcountysun.com.