Board approves after‑the‑fact CBPA exception for Hayes Lane pool with required mitigation

At a public hearing the board reviewed an after‑the‑fact exception request for unauthorized impervious coverage inside the Chesapeake Bay Preservation Area (CBPA) Resource Protection Area (RPA) at 20363 Hayes Lane. Planning staff outlined the site history and a 261 sq ft increase in impervious coverage shown on an as‑built survey and recommended denying the request because it failed the ordinance’s five exception criteria.

Applicant representative William Riddick said the owners had removed approximately 9,000 sq ft of prior impervious coverage (including a 1,600 sq ft relocated house and road area) and attributed the remaining encroachment to a surveyor error, describing the new encroachment as roughly 64 sq ft. Riddick told the board the owner was willing to accept mitigation and had offered to do more than the county initially proposed. After discussion the board voted to approve the exception on the condition that the applicant install mitigation landscaping as proposed in the Water Quality Impact Assessment (WQIA) and that no further exceptions be granted because buildable land remains outside the RPA.