Homeowner's Guide to Wetlands

You are the most important part of protecting Virginia's tidal and non-tidal wetlands.

Most of Virginia’s tidal shoreline is privately owned: one estimate says 85% of the Chesapeake Bay shoreline is in private hands.  Virginia’s non-tidal wetlands are threatened by development pressure from private land owners.   This means that private land owners - farmers, business owners, and homeowners - have a critical role to play in keeping Virginia’s wetlands healthy.  Some simple steps are outlined in this Homeowners Guide to Wetland Stewardship.  If everyone followed them, Virginia’s wetlands would be healthier and more productive. We have long worked to educate homeowners about these issues, starting in 2005 with our mailings to waterfront homeowners.

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GUIDANCE FOR YOUR BACKYARD WETLAND

Because wetlands are essential to water quality and protecting wildlife – both fish and fowl – many government agencies are involved in keeping wetlands from being harmed. If you are planning a yard project near backyard tidal wetlands or if you would like to improve your wetlands, check first with the government agencies that protect wetlands to see if a permit is needed.There are three main regulatory agencies involved with tidal wetlands protection and each has a different role. However, they work together jointly if a regulatory permit is needed because of wetlands disturbance.  In addition, there are wetlands boards in each city or county that review any wetlands disturbing activity.  

Not only do we need to be concerned with protecting wetlands, we also need to prevent any land disturbance within the 100 foot shoreline buffers. The Chesapeake Bay Preservation Act is administered locally and ensures preservation of that area.  State and federal agencies, as well as non-profit organizations, are great resources for information regarding conservation and restoration of wetlands.

Here is a listing of regulatory and other federal and state agencies, wetlands boards, and non-profit groups along with contact information and links to their websites.  Please use this reference when you need guidance for protecting your backyard wetland.

REGULATORY AGENCIES

US Army Corps of Engineers (USACE) (Norfolk District Office)

USACE is responsible for protecting tidal wetlands, mudflats, river bottoms, coastal shorelines, and non-tidal wetlands near tidal waters.  Nearly all regulatory decisions on wetlands in Virginia are made out of the Norfolk District Office (although the USACE has field staff throughout the state).

Regulatory Branch and Permits
US Army Corps of Engineers: Norfolk District
803 Front Street
Norfolk, Va 23510-1096
(757) 201-7500

Virginia Department of Environmental Quality (DEQ)

DEQ regulates the water quality impacts of wetlands disturbance for all wetlands, tidal and non-tidal. To review the DEQ regulatory programs, click here.

DEQ has regional offices that divide up coverage of the state. To find the DEQ office nearest your home or the wetlands you have questions about, go to the website for DEQ Regional Office

Virginia Marine Resources Commission (VMRC)

VMRC is mainly concerned with the habitat impacts of disturbing tidal wetlands and mudflats.  The VMRC authority on tidal wetlands is passed down to most localities in the tidal areas of Virginia.  Local Government wetlands boards administer the tidal wetlands permitting in those localities.

VMRC Permits
Virginia Marine Resources Commission
2600 Washington Avenue
Newport News, VA 23607-0756
(757)247-2200

WETLANDS BOARDS

Most localities in the tidal region of Virginia (east of Interstate 95) have a wetlands board, comprised of citizen members, to review any wetlands-disturbing activity. The wetlands board staff in each city or county can help determine if you need a permit.

A current list of wetlands board contacts is maintained by the Virginia Institute of Marine Sciences.  The contacts on this website are the best sources of information on any proposed changes you may want to make to your property.

CHESAPEAKE BAY PRESERVATION ACT

Department of Conservation and Recreation, Division of Chesapeake Bay Local Assistance

In addition to wetlands, the area of your property that is 100 feet landward of the edge closest to shore of any tidal wetland, is 100 feet landward of mean high tide, is 100 feet from a nontidal wetland connected to a tidal wetland by surface flow, or is 100 feet from the bank of a stream or other perennial water body is critical to the water quality and habitat of the water. It is also protected under the Chesapeake Bay Preservation Act and any land disturbance within this 100 foot zone (shoreline buffer) may need regulatory approval. The state agency responsible for overseeing this law on shoreline buffers is the DCR Division of Chesapeake Bay Local Assistance. 

VIRGINIA INSTITUTE OF MARINE SCIENCES

The VIMS Center for Coastal Resources Management (CCRM) advises the state regulatory agencies about wetlands and other shoreline management issues.  It is the best source of information on wetlands, coastal habitat, and a wide range of natural resource management topics.

CONSERVATION & RESTORATION

State and federal agencies provide information on the conservation and restoration of wetlands:

Virginia DEQ information: Landowner Resources and Voluntary Restoration

USDA Natural Resources and Conservation Service: Backyard Wetland

Virginia Institute of Marine Sciences: Natural Shoreline Erosion control

NONPROFIT ORGANIZATIONS

In addition, a range of non-profit organizations have information and resources on backyard wetlands.

Chesapeake Bay Foundation: Outdoor Landscaping Resources

Chesapeake Bay Program: Wetlands and the Chesapeake Bay

Center for Watershed Protection: Series of Articles on Wetlands Protection 

Save the Bay (Narragansett Bay, RI): Excellent guide for "Backyards on the Bay"

Lafayette Wetlands Partnership- Want to Adopt a Wetland?  These folks know how.

WETLAND PERMITS

Wetlands and Permits

As a waterfront property owner, you should know your way around the regulatory process because sooner or later you may want to do a project in a portion of your yard or shoreline that is regulated. If you want to do something that would disturb wetlands, shallow water habitat (“subaqueous land”), or want to disturb or build within 100 feet of the shoreline in Virginia, you must obtain a permit from one or more of the federal, state and local agencies that regulate these habitats. To simplify the permit application process, the local, state, and federal regulatory agencies use the same application form called the "Joint Permit Application."

This section lists activities which require permits and provides graphics to help you identify wetland areas. If you know you need to apply for a permit, get details about the joint permit application and learn about navigating the permit process.  

Disturbances on the “buffer” for which regulatory review is required include:

Digging, disturbing land within 100 feet of a shoreline or wetland

Cutting trees and shrubs within 100 feet of a shoreline or wetland

Paving or covering open areas within 100 feet of a shoreline or wetland

To be prepared to navigate the permitting process make sure you:

Know where the wetlands are in your yard and your community.

Identify your 100 foot buffer.

Become familiar with the federal, state and local regulatory agencies

Follow Virginia’s Wetlands Guidelines , Subaqueous Guidelines and Shoreline Development BMP’s when making plans for your project. You can get these publications from the Virginia Marine Resources Commission.

Understand which agencies have jurisdiction over the property in question by using the chart on this page.

Wetlands disturbing activities for which permits are required:

Filling or draining wetlands

Dredging boat channels

Building bulkheads

Building rip rap shoreline stabilization structures

Building private piers

Building boathouses

Building marinas and community piers

Building boat ramps

WETLAND-FRIENDLY LANDSCAPES

Natural Alternatives to Shoreline Erosion Protection

There are many types  of waterfront property; some are nestled in quiet coves or small creeks, while others face open water and the waves that come with it. Some properties are suffering the effects of steady erosion, while others are stable or growing. For decades, despite the differences in shoreline types, there has mostly been a “one-size-fits-all” approach to shoreline protection – building bulkheads or installing rock or rip-rap revetments.

In recent years, we have learned much about the conditions that make a healthy river/Bay environment. Results of recent studies have shown that when compared to shorelines with vegetated marsh, hardened shorelines (bulkheads, rock revetments) have a lower abundance of bottom-dwelling organisms offshore and lower numbers of juvenile fish and crabs.

LIVING SHORELINES

In many cases, where the waterfront is subject to waves of low to moderate energy, there are effective alternatives to shoreline hardening. These methods of shoreline protection are often referred to as “soft”, or “living” shoreline protection. Some of the benefits of this approach are

  • Lower construction costs when compared to bulkheads and revetments

  • Reduction of both sediment and pollutant flow into the creek or river

  • Maintaining a link between aquatic and upland habitats.

  • Creating a natural shoreline appearance.

  • Restores or maintains critical spawning and nursery areas for fish, crabs and more.

In 2010, the Virginia Institute of Marine Sciences delivered a report to the Virginia General Assembly on the value of living shorelines. This report resulted in a 2011 law that sets living shorelines as the preferred option for shoreline erosion control and sets up a general permit for living shorelines in Virginia. Updates to the Code of Virginia enacted in 2020 established living shorelines as the required approach for shoreline erosion control.

NON-STRUCTURAL APPROACH

Shorelines in creeks or coves that receive low energy waves can often be protected by methods other than building hard structures. Examples include (re)planting wetland vegetation and beach replenishment. These methods are appropriate if the property once had a vegetated wetland or beach, or if neighboring shorelines currently have vegetated wetland shorelines or beaches.

In marsh restoration projects, where no sand or sediment is added or removed, no regulatory permit may be needed, reducing both cost and time. However, you should always call your local wetlands board representative to be sure.

HYBRID APPROACHES

In locations with greater exposure to waves, it may still be possible to maintain a mostly natural shoreline. Three structural additions used for this purpose are near and offshore breakwaters, sills and low profile rock groins. Whereas the purpose of bulkheads and revetments is to reflect or absorb wave energy, sills, breakwaters and low rock groins are placed within the intertidal zone, or beyond the low tide mark to enhance sand buildup along the shoreline. In most cases, these structures are used in concert with beach replenishment and marsh plantings.

Resources containing greater detail about Living Shorelines:

NATIVE PLANTS AND WETLAND-FRIENDLY LANDSCAPES

Native plants are indigenous to an area. They have evolved and naturally adapted to the characteristics, like climate, soils and pests, of a certain region. Therefore, native plants are easier to grow and require minimal maintenance, reducing the need for watering and application of fertilizers and pesticides. The result is less pollutants that might be carried by runoff into our wetlands and rivers. A border of native plants can also act as a buffer to slow the flow of water from your yard (which reduces erosion) and provide a natural filter that can remove pollutants from runoff.

Using native plants in landscapes and buffer areas has an additional benefit. They provide wildlife with familiar sources of food, shelter and places to raise their young. This is important, as natural habitats are replaced by development. The Virginia Institute of Marine Sciences has a valuable resource page on native plants. The Virginia Department of Conservation and Recreation offers a comprehensive description of buying, growing and the benefits of native plants. Additional resources include the Alliance for the Chesapeake Bay Bay Scapes program  and the Chesapeake Conservation Landscaping Council.

As more people understand the benefits of using native plants, they have become more readily available in local nurseries and home stores. It’s important to purchase nursery-propagated plants, instead of those collected in the wild, to avoid depleting natural populations.

OTHER LANDSCAPING TIPS

  • Allow native marsh grasses and wetland plants to grow between your lawn and the waterway. Do not mow marsh grass or cut down wetland shrubs, like salt bush.

  • Minimize the amount of paved surfaces in your yard to decrease runoff. Consider using mulch, stepping stones or bricks on sand for walkways or patios.

  • Enjoy a low-maintenance, low-cost yard by keeping grass lawns small and using no-maintenance ground covers where possible.

  • Use a mulching lawn mower that recycles lawn clippings, restores nutrients to the soil and reduces landfill waste.

  • Mow higher, no less than 3 inches, and less frequently.

  • Insist on a lawn care company that uses only organic fertilizers and natural pest management techniques.

  • Aerate lawn to decrease compaction and remove thatch.

  • When planning protection for your shoreline against erosion, consider natural methods like planting a fringe marsh, rather than “hardening” the shoreline, which may not be necessary. For more, check the Virginia Institute of Marine Science Living Shorelines resource page.

  • Consider a rain garden to slow and pool water so it soaks into the ground and filters runoff, instead of rushing into the wetland area in the back yard. Learn more from the James River Association’s Rain Garden Installation Guide.

  • Install a rain barrel to capture roof runoff for reuse. See Alliance for the Chesapeake Bay's rain barrel planning and installation guide.

  • Avoid planting invasive plants. Learn which plants are invasive and how they impact your environment.