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1. What is a perennial stream?

A perennial stream is a body of water that flows year-round during a year of normal precipitation. Generally, groundwater is the primary source for stream flow.

2. If my home is within an RPA, can I still make an addition?

Under certain circumstances, the answer is yes. For lots that existed before March 2002, minor additions can be made to the principal structure as long as it is attached to the structure. Examples are attached sunrooms, decks, patios, garages, carports, and minor room additions. In all cases, the City must first approve the addition.

3. Are decks allowed within the RPA?

Yes, but only if it is attached to the principal structure and approved by the City. Otherwise, the deck must be approved through the exceptions process.

4. Are new sheds allowed within the RPA?

Sheds are considered to be accessory structures and may not be built without an exception to the ordinance. An existing shed may continue to be maintained, but may not be expanded or rebuilt without approval from the City.

5. Can I remove vegetation within an RPA?

In accordance with state regulations, existing vegetation may be removed only if approved by the City and only to provide for reasonable sight lines, access paths, removal of invasive plant species, general woodlot management, and best management practices to prevent erosion. The City determines what is reasonable through guidance provided by the Chesapeake Bay Local Assistance Board.

6. What if I want to redevelop my property?

You may redevelop your property as long as there is no additional encroachment into the RPA and no increase in pollution. The Stormwater Ordinance, Chapter 35, contains specific provisions to handle cases where applying the RPA would mean the loss of buildable area. For lots that existed before March 2002, the ordinance allows an encroachment into the first 50 feet of the RPA only if it is found that there is no reasonable alternative and measures are taken to mitigate the impacts on water quality. Any encroachment greater than 50 feet must go through an exceptions process.

7. What is the exception process?

City Code allows for exceptions to the RPA requirements on a case-by-case basis. There is a strict set of criteria in Chapter 35-11(F)(3) that must be met in order to qualify for an exception. Contact the Department of Public Works at 703-248-5350 (TTY711) for more details.

8. Are there penalties for violating RPA restrictions?

Noncompliance with the ordinance may result in civil and criminal penalties. Violators will also be required to restore RPAs in accordance with City guidelines.

9. Where can I find additional information?

You can contact the Stormwater Engineer with the Department of Public Works at 703-248-5350 (TTY711) or visit the City's website at www.fallschurchva.gov/Stormwater.

10. What is a Resource Protection Area (RPA)?

An RPA is a sensitive environmental corridor that, by state law, must be preserved or restored to a natural condition when disturbed. The purpose of the RPA is to provide a buffer between development and water resources like streams. A natural buffer has been proven to provide a benefit to water quality, which is why the state mandates that all streams with perennial flow to be protected by a 100-foot buffer that is measured from the top of a stream bank.

11. How do I know if my property is within the RPA?

The Department of Public Works maintains a map showing the approximate location of RPAs in the City. This can be found online here: http://property.fallschurchva.gov/ParcelViewer/. Search for the address and then choose "Resource Protection Area" in the map layers column.

It is important to note that before an land disturbance can occur on a property the RPA must be definitively located by a licensed surveyor or professional engineer.

12. What an I allowed to do within the RPA?

Except under very specific circumstances, new development (new construction, expansion) in the RPA is limited to those that are considered "water dependent uses." All land disturbing activities proposed within the RPA must first be approved by the City. A property owner would need to submit a Water Quality Impact Assessment explaining the impacts of the activity and what actions will be taken to reduce these impacts.