City Says "No" to Development Because of Flood Risk - First of a Kind!

Road Near Proposed Development - Virginian Pilot/Ron Stubbins photo

For the first time that we can find, a local government has said "no" to a development proposal due to flood risk. The City of Virginia Beach, hammered by increasing rainfall, has been more sensitive to the flooding potential, especially in the low-lying southern part of the City. But lots of localities are concerned about and planning for flooding, but still allow people to develop in dangerous places.

No more in Virginia Beach. The City Council unanimously denied a proposed 23-home subdivision on a soggy piece of land because of concerns about flood risk and future city liability. Recently burned by the flooding in a recently constructed subdivision, Ashville Park, Virginia Beach Planning Commission and City Council members expressed doubts about this proposal. Even though it met the technical requirements, the access roads flood frequently, flooding will increase, and the city did not want to put more people in harm's way.

This follows on the City's work to document the increased rain flooding risk that is equally important and groundbreaking.

Stay tuned for lawsuits and negotiations, but for now the City of Virginia Beach is the first in the country to say "no" to soggy development proposals.

POSTSCRIPT - In April, 2019, one year after this post was written, the Circuit Court in Virginia Beach ruled in favor of the City’s decision and against the developer. The protection of public health and safety was paramount in this rezoning, but more important was the Court’s recognition of the City’s right to figure future sea level rise into land use decisions.