The James City County Chesapeake Bay and Wetlands Board recently approved seven exception requests for construction within Resource Protection Area buffers. The applications sought approval for decks, patios, fire pits, retaining walls, garages, pools and outbuildings. All requests at the meeting on October 14 included mitigation plantings and financial sureties to guarantee installation, with amounts ranging from $500 to $8,000.
Regarding a project on Canal Street, staff said the guarantee reflected about $1,000 for each required planting unit, up from about $500 in the past because of higher plant costs. Planting requirements were doubled for several projects involving after-the-fact construction or existing violations, and staff asked for affidavits to be recorded at the courthouse for several properties. Approval expires for mot of the approvals if construction has not begun by October 14, 2027.
The request on Canal Street included a deck and patio, representing a 606 square feet of encroachment into the 100-foot RPA buffer in the Yarmouth Creek watershed. The parcel was platted in 1965 before the 1990 ordinance. Required mitigation equaled one canopy tree, two understory trees and nine shrubs. The applicant said a deck existed previously and asked the board to reconsider the mitigation on that basis. He also asked the board to reconsider the $1,500 surety, saying a neighborhood project approved earlier had a smaller one. Staff said the surety reflected current costs of about $1,000 per planting unit. The board approved the request with the surety. (0:13:44)
An application for an attached garage on Landfall Drive followed. The applicant sought approval for 13 square feet of encroachment into the 100-foot RPA buffer in the Powhatan Creek watershed. The lot was platted in 2001 before 2004 revisions to the ordinance. Staff determined impacts to be minor and required six shrubs. The agent said the garage was positioned to minimize intrusion and that a 20-foot depth was workable, adding that he had looked at 22 to 24 feet but was hindered. A member asked if the six-foot connector served as ingress and egress, and the agent confirmed it did and said they kept it as small as possible. The board approved the request with a $500 surety. (0:23:44)
The board considered a request for a walkway, patio, fire pit and after-the-fact retaining wall extension on Jefferson’s Hundred. The application covered 481 square feet of encroachment into the 100-foot RPA buffer in the Skiffes Creek watershed. The property was platted in 1989 before the 1990 ordinance. A previous exception in July 2025 approved a deck and retaining wall. The retaining wall extension was built before board approval. Staff said the after-the-fact construction doubled mitigation to three planting units, requiring three canopy trees, six understory trees and nine shrubs. The owners offered two understory trees and 29 shrubs, which staff said met the requirement. A landscaper representing the homeowners said the wall extension shored up the back of the property. The agent described gutters, a swale leading to riprap, and replacing an old manhole with a yard drain. The board approved the request. Staff had recommended a $3,000 surety. (0:31:41)
An exception for a walkway, fire pit, patio and attached deck on North Knob Hill was presented. The proposal included 3,503 square feet of impacts to the 100-foot RPA buffer and 13 square feet to the seaward 50-foot buffer in the Powhatan Creek watershed, totaling 3,516 square feet. The lot was platted in 2005 but grandfathered under pre-2004 requirements. A previous exception was approved in December 2025, and the applicant revised the plan to eliminate the retaining wall, reconfigure deck steps and reduce driveway size. Staff determined impacts to be major and required nine planting units. The agent said the fire pit was placed on a flatter area away from wetlands. Board members asked the agent to move the fire pit closer to the house to reduce clearing, and the agent agreed. The board approved the request with modifications and a $6,750 surety. (0:44:59)
A retaining wall, fire pit and patio on Bray Wood Road came before the board. The application covered 618 square feet of encroachment, with 560 square feet in the 100-foot buffer and 58 square feet in the seaward 50-foot buffer in the College Creek watershed. The parcel was platted in 1973 before the 1990 ordinance. Staff determined impacts to be moderate and required one and a half planting units, or one canopy tree, two understory trees and nine shrubs. The owner offered 17 shrubs, which staff said met the requirement. The agent said the project addressed an existing grading and erosion issue and a failing retaining wall next to the driveway. The new retaining wall would stabilize the yard, and a curb and inlet with outlet protection and level spreader would collect driveway runoff. A member asked about the wall’s purpose, and the agent said it would shore up the patio and deck and prevent continued erosion. The board approved the request with a $1,500 surety. (1:00:28)
The board reviewed a request for a single-family dwelling with attached deck and patio on Monifieth. The proposal included 3,224 square feet of impacts to the 100-foot RPA buffer and 1,009 square feet to the seaward 50-foot buffer in the Powhatan Creek watershed. The lot was platted in 2001 before the 2004 ordinance changes. Previous exceptions approved in April 2021 and January 2025 lapsed. Staff determined impacts to be major and required 10.5 planting units. The applicant offered 12. The applicant proposed two bioretention stormwater facilities with underdrains. The agent said the design collected nearly 100 percent of lot drainage and met commercial stormwater quality standards. A member noted the plan matched the twice-approved layout. The board approved the request. Staff had recommended an $8,000 surety. (1:14:39)
A deck, pool and outbuilding on Lands End Drive was the final application. The request covered 662 square feet in the 100-foot buffer and 653 square feet in the seaward 50-foot buffer in the Powhatan Creek watershed, totaling 1,240 square feet. The parcel was platted in 1975 before the 1990 ordinance. A previous approval lapsed before construction began, leaving violations unresolved for a shed, partial pathway and additional front walkway impervious cover. Staff said the violation doubled mitigation to six planting units and recommended a $3,000 payment to the county mitigation fund and installation of two rain gardens. The agent said the owner inherited the violations and health issues delayed the project. A former board member spoke in support. The board approved the request. Staff had recommended a $6,500 surety and $3,000 mitigation payment. (1:33:50)
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