CAPE CHARLES, VA — The Cape Charles Planning Commission will hold a public hearing on April 7th to consider a significant update to the town’s zoning ordinance aimed at bringing it into compliance with state law governing the Chesapeake Bay Preservation Act (CBPA).
The proposed Zoning Text Amendment — designated ZTA2026-01 — would modify Article VII (Chesapeake Bay Preservation Act Overlay District) of the Town Zoning Ordinance, along with related changes to Appendix A (Definitions) and Appendix C (Site Plan Ordinance).
The push to update Cape Charles’ ordinance has been underway since early 2024, when town staff and the Planning Commission began revising the existing language in response to legislative changes made to the CBPA by the Virginia General Assembly. While the state provided localities with a model ordinance reflecting those changes, the Virginia Department of Environmental Quality (DEQ) did not finalize updates to its accompanying administrative regulations until late summer 2025.
That same summer, DEQ conducted an on-site audit of Cape Charles to evaluate whether town staff were properly administering and enforcing the Bay Act. Following the audit, staff submitted the proposed amendment to DEQ for review. After incorporating DEQ’s comments and edits, the Planning Commission finalized ZTA2026-01 in late summer 2025, with staff completing the finalization process in late fall 2025.
Beyond the zoning ordinance changes, DEQ identified several additional steps the town must take to come into full compliance. These include:
- Amending the town’s Comprehensive Plan to include required mapping elements, such as the locations of CBPA areas, shoreline and streambank erosion issues, and existing and potential water pollution sources.
- Incorporating necessary implementation measures for goals and objectives related to potential water quality impacts.
- Adding an overlay map layer to the Town’s Zoning Map that clearly identifies the Resource Protection Area (RPA) and Resource Management Area (RMA) within the CBPA.
The proposed changes are consistent with Chapter 7 (Environment) of Cape Charles’ Comprehensive Plan.
At its March 19th, 2026 Regular Meeting, the Town Council adopted Resolution 20260319, formally directing the Planning Commission to hold a public hearing on the proposed zoning text amendment. Town staff have confirmed that after multiple rounds of review, the amendments are consistent with established performance criteria and do not conflict with, diminish, or alter existing standards.
Staff Recommendation
Town staff are recommending that the Planning Commission vote to forward ZTA2026-01 to the Town Council with a recommendation for approval. If ultimately adopted, the amendment would ensure Cape Charles fulfills its obligations under the Bay Act to protect and enhance the quality of Virginia’s state waters through effective land-use management and development controls.
Residents and stakeholders are encouraged to attend the April 7th public hearing to learn more and share their comments.
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How can the town comply with these regulations while not performing real time inspections per Virginia Uniform Statewide Building Code ? Drive through inspections are a REFUSAL to properly inspect and a FAILURE = CORRUPTION! 1000009% FACTS! I didn’t receive a payoff, therefore I’m not obligated to remain silent like the rest of you.
Meowwww!!!!
Awe I’ve obviously upset you lol