The CBPA is one of Virginia's most important tools for the protection of water quality.  Section 9 VAC 25-830-40 provides a clear definition of nontidal wetlands and DEQ provides localities with significant resources and guidance to help localities implement their CBPA program, including guidance for conducting site-specific RPA determinations and to determine the extent of nontidal wetlands.  

With regard to Sackett, this US Supreme Court decision applies only to federal jurisdiction and does not limit the State's or locality’s ability to protect wetlands and sensitive land from development encroachment under the CBPA.

Localities need the tools provided by the CBPA to protect their most sensitive lands from development impacts, protect water quality and reduce nutrient and sediment runoff to the Chesapeake Bay.  Implementing these protections also provide secondary benefits for flood protection and improvement of overall environmental health.   

Implementing a robust CBPA program is crucial for the protection of my local watershed, the Indian River, for my City of Chesapeake, and for the entire Hampton Roads region.

Please deny this decision.   Thank you for your consideration.

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President, Friends of Indian River

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