For a long time, a segment of Westmoreland County’s zoning ordinances made it challenging to build on small lots while trying to access well water. Last month’s meeting of the Board of Supervisors saw the matter dealt with via unanimous decision after a presentation by Kelly De Jesus, the assistant planning director from the Land Use Administration.

According to De Jesus, this matter came about after a citizen sent in a request after having to deal with “an erroneous code section within the ordinances.”

The section in question, 4-6.3.2(A)3 of the Westmoreland County Zoning Ordinance, requires a 50-foot protection radius around a wellhead, which must be entirely within “the area of an applicant’s property, an existing public or private road right-of-way dedicated for public access, a waterbody, and/or a recorded easement or easements with all landowners encumbered under the wellhead protection radius.”

“Essentially, if you can’t fit that full 100foot diameter on your lot, then you do not have the ability to install a well by right,” De Jesus explained, before moving to the case involving a parcel off Nomini Creek. The neighboring house, whose wellhead protection radius encroached onto the parcel, was built back in 1995, predating the Zoning Ordinance by 11 years, which means there were no recorded easements between the two neighbors, but they were able to build on the residential lot as intended.

Essentially, Westmoreland County is the only locality within the entire Commonwealth of Virginia that uses this 50-foot rule, and it’s proven to be quite a hindrance to a number of County residents, rendering their lots effectively impossible to build upon, according to De Jesus.

The amendment arrived at the Board after a 4-0 vote of approval by the Planning Commission.

Action could not be taken without opening the floor up for the public to give their input, and while nobody in the audience had anything to say, Vice Chairman Jeff McCormack did, thanking the Land Use Office for bringing this before the Board.

They gave their unanimous approval to get rid of the 50-foot protection radius.

“This is exactly what I asked Land Use to do months ago,” McCormack stated. “Any time you see something like this, say something and bring it to us. Whenever we can make things easier for the constituents, that’s a must, so thanks for bringing it to us.”