FPO Hearings May Be Postponed

The Nelson Board of Zoning Appeals (BZA) February 12, 2018, public hearing on ACP requests for variances to the Flood Plain Ordinance (FPO) will probably be postponed. Late on February 2, 2018, the Lynchburg News & Advance reported, “In a letter to the county’s planning and zoning department dated Jan. 31, Dominion’s Vice President for Pipeline Construction Leslie Hartz, on behalf of the ACP, requested a deferral of public hearings on variance applications for 11 floodplain crossings in Nelson, currently scheduled for Feb. 12. The deferral request from ACP essentially would put a pause on the Nelson variance process.”

The request must be formally accepted by the BZA, which will address it during their regularly scheduled meeting on Monday February 5. Stay tuned for a decision on rescheduling.

The variances, for 11 floodplain crossings in Nelson County totaling 4.5 miles of floodplain, 3.5 for pipeline and one mile for access roads, are required because, under Nelson’s floodplain ordinance, pipelines qualify as “critical facilities” whose construction is not normally allowed in floodplains. “Critical facilities” are prohibited because even a slight chance of flooding poses too great a threat to public health, safety, and welfare. Critical facilities include “structures that store or transport highly volatile, flammable, explosive, toxic, and/or water-reactive materials,” as well as nursing homes, police stations, and public utilities. The ordinance also lists hazardous materials, including natural gas, which may not be stored in Special Flood Hazard Areas for longer than 30 days because they “would pose an unacceptable risk…during flooding”.