The Chesapeake Bay Preservation Ordinance Exception Review Committee (ERC) is a public hearing body appointed by the Board of Supervisors to review applications to conduct land disturbing activities within the Resource Protection Areas (RPA). The committee is comprised of an appointee from each of the nine magisterial districts and two at-large members. The main function of the committee is to consider exception requests submitted under Article 6 of the Chesapeake Bay Preservation Ordinance.

Generally, any land disturbing activity within the RPA affecting over 2,500 square feet requires an exception. Such disturbances which are part of a rezoning application are reviewed by the Board of Supervisors in the rezoning process. The definition of land disturbance is very broad, including construction of single family homes, septic tanks and drain fields. There are certain waivers applicable to lots or parcels recorded prior to Oct. 1, 1989, or areas subsequently designated as RPA by the Board of Supervisors. However, these waivers require a demonstration that encroachments into the RPA buffers are minimized, and still require an exception be granted by the appropriate body. Certain minor additions to structures built before July 1, 1993, or in an RPA created by the Board subsequent to that date, may receive administrative waivers.

A pre-application meeting with Staff is strongly recommended before submitting the WQIA to pursue an application requiring a public hearing. Please submit your request here. For more information, including how to submit an Article 6 exception request, see the "What are the requirements for the construction of accessory structures" FAQ on the RPA FAQ website.

Please note: Staff reports and recommendations, the Committee's findings, and the final resolution regarding an application, must be based on fact and law. The clerk to the Exception Review Committee may be contacted at 703-324-1720, TTY 711.

For more information, including how to submit an Article 6 exception request, see the "What are the requirements for the construction of accessory structures" FAQ on the RPA FAQ website. Additionally, for staff reports and recommendations, the Committee's findings of fact and law, and the final resolution regarding an application, please contact the clerk to the Exception Review Committee at 703-324-1720, TTY 711.

Also see the public calendar for meeting dates and times.