If you are planning to buy or renovate a home, RPA may be something that will impact you and the value of your home more than you expect. A Resource Protection Area (RPA) is created to limit development around water bodies with perennial flows. The goal is to improve the health of the Chesapeake Bay and its tributaries through limited development.
The Chesapeake Bay Act has been around for a while and most purchasers do know that development potential is limited around streams, lakes and rivers in Fairfax County. However, in 2003, the regulations were amended, and further restrictions were put in place. The definition of what was covered under the act was changed from “tributary streams” to “water bodies with perennial flow”. The result was that a large number of new areas and homes were affected.
The most obvious impact on homeowners are limitations on the use of a property and a resulting loss of value. If you are in an RPA, you are possibly subject to limitations on decks, sheds, fences, extensions on your home and many landscaping projects.
Impact on Property Use and Value
Being within an RPA can significantly affect how you use your property. Restrictions may apply to:
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Home additions and expansions
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Construction of detached structures (e.g., sheds, garages)
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Installation of decks, patios, and fences
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Landscaping activities, including tree removal and planting
These limitations can influence property value and your ability to modify or expand your home.
Regulations for Additions and Structures
Fairfax County provides specific guidelines for property modifications within RPAs:
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Minor Additions: Homes built before July 1, 1993, may be eligible for administrative waivers allowing minor additions up to 1,000 square feet or 2% of the lot area (maximum of 2,500 square feet) of new impervious surface within the RPA.
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Homes Built Between July 1, 1993, and November 18, 2003: Minor additions are permitted only in areas designated as RPAs under the 2003 amendments.
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Detached Structures and Major Additions: Construction of detached structures or larger additions requires an exception process, including a public hearing and approval by the county.
For detailed information, refer to the Fairfax County Land Development Services Waivers page: Fairfax County Waivers
Landscaping and Maintenance Within RPAs
Any land-disturbing activities within an RPA, such as landscaping, tree removal, or planting, generally require prior approval from the county. This ensures that such activities do not negatively impact water quality or the integrity of the buffer zone. Fairfax County more information
Determining if your home is in an RPA is therefore very important. One tool to do that would be to use the online Digital Map Viewer for Fairfax County – you select the “Chesapeake Bay Map” and then pick the Tax Map number for your property. You can find the tax map number by looking at the two first numbers of the tax-id for the property in the county tax records. With the correct map you will have to zoom in to find your property and determine if it is in one of the RPAs, if it is then 1993 or the 2003 RPAs and what effect that has on the specific property (see the excerpt above for the difference between being in the 1993 and 2003 RPAs.)
Purchasing a home next to a small stream is the dream of many (myself included.) Before you purchase, make sure you know what the impact, if any, the RPAs has on specific property. You will then be able to make an informed decision and be sure you can live with any possible limitations.
(As an aside – if you are in a RPA, you may also want to check if you are in a flood-zone…)
For more information or assistance, contact Fairfax County’s Land Development Services or consult with a qualified land-use professional.