RPA Plans in Fairfax County have always been thought of as having no expiration date – once you had an approved Resource Protection Area (RPA) plan, you were set forever, unlike in Prince William County, where Preservation Area Site Assessments (PASAs) are only valid for five years. However, with the need for new wetland delineations, due to the expiration of previous Jurisdictional Determinations (JDs), as well as updated floodplain information, the RPA boundaries may be subject to change.

Jurisdictional Determinations from the U.S. Army Corps of Engineers (COE) are valid for the greater of five years or the expiration date of a COE permit that relied upon the JD. Due to the economic slowdown, many undeveloped properties have expired JDs. With the implementation of the new regional supplements to the delineation manual (see Field Notes Vol. 17, No. 1 and Vol. 20, No. 6), an evaluation of the site using the new criteria from the supplements is required in order to get a new JD. The new supplements, coupled with the 2012 National Wetland Plant Indicator List changes (see Field Notes Vol. 20, No. 5), may result in more extensive wetlands delineated on a property. If the increase in wetland extent includes non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow (i.e., core RPA components), the RPA boundary would increase as well. Similarly, any land within a major floodplain is part of the RPA buffer in Fairfax County, and a revision or new floodplain study that increased the extent of the 100-year floodplain would also increase the extent of the RPA. Recent FEMA Floodplain Map updates (Field Notes Vol. 21, No. 1) have highlighted the fact that some 100-year floodplain boundaries have changed – and thus, some RPA plans have been affected.

Note that if a project is underway and has a current COE permit authorizing the work, the JD typically remains valid for the duration of the permit. However, for sites where no work was undertaken, or it was not completed and a new development activity is proposed, Fairfax County staff have indicated in an email that the new development plans would be subject to the new circumstances affecting the RPA and a new RPA delineation may be required.

For more information, contact Mark Headly or Mike Rolband.