Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
State Water Control Board
 
chapter
Chesapeake Bay Preservation Area Designation and Management Regulations (formerly 4VAC50-90) [9 VAC 25 ‑ 830]
Previous Comment     Back to List of Comments
4/29/24  9:30 pm
Commenter: Ian Blair

Please reject the petition
 

I strongly object to this petition that seems to misapply the legal decisions of the Sackett v. EPA case to Virginia's Chesapeake Bay Preservation Act (CBPA). The proposed changes to Virginia's definition of nontidal wetlands under the CBPA, as outlined in the petition, aren't justified by the Supreme Court's ruling in Sackett v. EPA. The Sackett decision dealt with federal jurisdiction over wetlands regulation and doesn't impact Virginia state law regarding wetland definition or protection. Sackett doesn't limit a community's ability to safeguard sensitive land from development under the CBPA. The CBPA is a significant collaboration between Virginia's state and local governments and grants localities the authority to identify and protect areas vital for maintaining state water quality. However, this petition aims to restrict that local decision-making authority, which isn't the way to go. In fact, this move could potentially undermine the existing protections for wetlands in the state, which would be detrimental to the environment and communities. Wetlands are a vital ecosystem component that helps mitigate wave energy from rough waters, prevent coastal erosion, filter pollutants from runoff, and provide habitat for various native species. Any attempt to weaken the wetland protections in Virginia would not only harm wildlife but also exacerbate shoreline erosion and non-point pollution in the Chesapeake Bay, ultimately damaging the fisheries, oyster habitats, recreational activities, and general quality of life.

CommentID: 222557