YORK COUNTY — The York County Board of Supervisors passed an ordinance to amend its code for marinas, docks and boating facilities that will help regulate large passenger vessels.
New Regulations
A memo from County Administrator Mark Bellamy, requesting board approval for the amendment stated, “Visits from small cruise ships have occurred for years and have generally had a positive impact on the County and the Historic Triangle at large. As most are probably aware, Yorktown was under consideration in the recent past as a port-of-call for much larger cruise ships. Community concerns regarding large cruise ships anchoring offshore and utilizing tender boats for passenger transport to shore generated significant discussion regarding appropriate locations and regulations.”
“While the current Zoning Ordinance addresses various water-oriented uses within the County’s jurisdiction, it lacks comprehensive regulations for large cruise ships and their tender vessels. While the County cannot regulate vessels anchoring within the waters of the York River or its tidal tributaries, the Zoning Ordinance can outline regulations for shore facilities that would receive these large ships or their tender vessels,” the memo continues.
Jeanne Sgroi, Senior Planner for the county, explained the county researched and reviewed local ordinances and municipal codes associated with docking facilities for large cruise ships and terminals in Newport News, Hampton, Suffolk, Norfolk and Virginia Beach.
In addition, the county looked at similar localities outside of Virginia — including Bar Harbor, Maine which “mostly closely mirrors York County with its smaller, historic waterfront and adjacency to federal land,” explained Sgroi.
Bar Harbor has regulations for large vessel docking facilities allowed by right or conditionally in special waterfront districts. However, pushback from citizens frustrated with the vast number of cruise tourists has led to a lawsuit that is now being heard in federal court.
The proposed York County amendments would require a special use permit (SUP) for any marina, dock, or boating facility that will serve vessels permitted to carry more than 400 passengers and/or their passenger tender boats.
Currently, the Yorktown waterfront has served small cruise ships (riverboats) that typically carry between 100 to 200 passengers.
“While these smaller vessels have not generated adverse impacts over the years docking at the Yorktown waterfront, a higher volume of passengers disembarking from larger vessels could be disruptive, especially at a commercial or private marina within the County’s residential areas,” stated Bellamy’s memo.
In addition to a required SUP, a traffic impact analysis will be required with each application, along with several other submittal documents including, an environmental protection plan, a description of permitted passenger capacity of vessels to be served, hours of operation, and a sketch plan showing proposed improvements to the property
A passenger tender vessel is defined as a watercraft that is auxiliary to and services a larger vessel and is used to transport persons between that vessel and the shore. This definition does not include cargo-only support vessels or emergency response vessels.
Citizen Concerns
York County citizens have been vocal regarding their concerns about allowing large cruise ships to dock off Yorktown’s Riverwalk Landing and tender guests into the area for some time.
Environmental issues, traffic and preservation of the historic nature of the area are some negative impacts cited by citizens.
In addition to attending meetings and speaking during public comment period, the concern spawned community groups including Preserve Yorktown and Protect Virginia.
At the February meeting, several citizens expressed their appreciation for regulations but felt the current amendment was not enough.
“You have all heard from York County citizens at many past public hearings that they embrace cruise ship tourism at the appropriate scale as exemplified by American Cruise Lines. You’ve also repeatedly heard for over a year now requests for this board to impose an ordinance that permanently restricts massive foreign flag ocean-going cruise ships in the county,” stated one resident during the public comment period, who continued by saying of the current proposal, “I see this as sidestepping what we were told from the beginning namely that Mr. Hill (County Attorney) would look into establishing an actual ban on large cruise ships.”
Richard Hill, County Attorney, said that while there are similarities to Bar Harbor, rules in Virginia aren’t as simple.
“We are often compared to Bar Harbor, Maine and I think it is important for everybody to understand there are some significant distinctions between Bar Harbor and Virginia. Primarily, the fact that Virginia is a very solid Dillion Rule state — that means we are not permitted to regulate or do anything that is not specifically authorized by the General Assembly,” he explained. “There are also Federal statutes and Federal rules that preempt our ability. For instance, we have no ability to stop a large — any ship — from coming into the York River and docking somewhere offshore from York County. That is not in our purview, we have no authority to do it and even if we tried it would be preempted by federal law — that’s the providence of the Coast Guard.”
“From a legal standpoint, we are very constrained in what we can do. We are limited in the powers that we have. We have to regulate in accordance with what state law and what federal law allows us to do,” Hill continued, explaining that is why the county is choosing to control land use through zoning ordinances and amendments.
York County Board of Supervisors Feedback
“I would have never thought I would have needed to learn as much about maritime law as I would have expected when I started here back in 2020,” said Stephen Roane, District 4 Supervisor. “We really are in a bit of a box with what we can and can’t do. I know there has been a lot of feedback on just outright banning cruise ships and based on everything that we learned so far that is just not in the scope of what we as a county can do based on state and federal law.”
Roane continued, “We can’t stop any ship from coming down the York River conceivably a large cargo ship could come and dock 100 yards off the pier and there is nothing York County can do about it. It’s not our water to say anything about. So, we need to draw back and look at it from a land use perspective.”
District 3 Supervisor Wayne Drewry added, “This is something we have been working on now for a long time. And, I hope we are coming to some agreement. My feeling is we have to do something and this is a good step in the right direction.”
“I am supportive of this proposal. I think we need to continue to look at what happens around us — including the Bar Harbor case — and just see if there are other avenues we could introduce in the future,” Vice Chair and District 1 Supervisor Doug Holroyd said.
The ordinance passed unanimously.
Watch the full meeting here.
