As tourism season heats up, county reminds STR operators of local rules; Supes to consider restrictions on retail sales of controlled substances; State changes criteria for issuing HAB advisories
Engage Louisa is a nonpartisan newsletter that keeps folks informed about Louisa County government. We believe our community is stronger and our government serves us better when we increase transparency, accessibility, and engagement.
This week in county government: public meetings, June 2 through June 7
For the latest information on county meetings including public meetings of boards, commissions, authorities, work groups, and internal county committees, click here.
Monday, June 2
Finance Committee, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 4 pm.
Louisa County Board of Supervisors, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 6 pm. (agenda packet, livestream) The board will convene in closed session at 5 pm.
Quote of the week
“Like other communities with high occupancy [short-term rentals], we have our horror stories (karaoke outside at 2 am, renters trespassing on community and private docks, public urination, etc.). People living next to STRs do not have neighbors. They have a continually changing flow of strangers on vacation.”
-A group of homeowners in Elk Creek Landing in a letter to the board of supervisors expressing concern about short-term rentals in their neighborhood.
Learn more about steps the county’s taking to address concerns about STRs in the article below.
As tourism season heats up, Louisa County reminds STR operators of local regulations
As summer tourism season heats up on Lake Anna, Louisa County is reminding those who own and operate short-term rentals (STR) to be good neighbors and follow the rules laid out for the establishments in county code.
STRs are dwellings typically offered for rent to vacationers on websites like VRBO and Airbnb. They’ve exploded in popularity at the lake over the last five years, drawing droves of tourists for short stays but rankling some year-round residents.
In a May 23 letter, the county’s Community Development Department tells STR owners and proprietors that they’re responsible for making sure their dwellings comply with county regulations and “ensuring that renters are aware of relevant requirements.”
“These regulations are intended to help us work together and treat our neighbors as we would want to be treated. The County is grateful for your partnership, and we wish you a responsible and successful rental season,” the letter says.
The letter includes a copy of the county’s rules for short-term rentals, which require STR owners to provide a point of contact to county staff; provide renters with a copy of the county’s noise and solid waste ordinances; and to remind renters that hosting special events—like weddings—requires approval from the board of supervisors.
The regulations also require STRs to comply with state health department rules, including guidelines for septic systems, and abide by state safety regulations like the fire code.
The rules apply to STRs operating in residential zoning in Growth Area Overlay Districts. Most waterfront and water access homes on Lake Anna—where more than 90 percent of the STRs in the county are located—are zoned residential and in a growth area.
The letter reminds STR owners and operators of the repercussions for breaking the rules, most notably that STRs deemed “noncompliant” are barred from operating by-right and must obtain a conditional use permit (CUP). That requires a lengthy public approval process, including public hearings in front of the planning commission and the board of supervisors and an affirmative vote by the latter body.
In an email to Engage Louisa last week, Deputy County Administrator Chris Coon said the county is also tracking complaints related to STRs. Coon said staff will request monthly call logs from the sheriff’s office “to monitor calls for service” involving the dwellings. Any property that appears in the log for potential code violations, such as noise disturbances, will receive a letter referencing the applicable rules.
“This initiative is intended to be educational and preventive, reinforcing expectations and helping owners stay in compliance with local ordinances,” Coon said.
The county plans to use the call log data to track trends and identify any recurring issues or potential gaps in its STR ordinance “that may warrant future discussion or refinement,” Coon said.
Staff will brief supervisors on its STR compliance measures at Monday’s board meeting, according to the agenda.
Staff’s efforts to ensure short-term rentals are following county rules come amid growing concerns about the use, especially among some year-round lake residents, who say their neighborhoods are teeming with renters, some of whom throw noisy parties, trespass on private property and speed down narrow streets.
Residents also contend that single-family homes, intended to house no more than two people per bedroom, are frequently overcrowded. They say that packing people into STRs could cause septic systems to fail and presents safety issues if there’s a fire.
In an April 2 letter to the board of supervisors, 31 residents in the Elk Creek Landing subdivision off Kentucky Springs Road said that “high occupancy” STRs are negatively impacting their neighborhood.
The residents said that though they’d purchased homes in a residential community, they’re instead surrounded by “rentals/small hotels” that draw hundreds of strangers in summer and generate thousands of dollars in rental income each week for out-of-town investors.
The intermingling of commercial endeavors with owner-occupied dwellings, they said, is taking a financial toll—causing their real estate assessments to soar and, in turn their property taxes—and detracting from their quality of life.
“Our rising assessments are not driven by home improvements, but by increasing sale prices of homes purchased to use as an income-generating investment with significant tax benefits,” the letter says, adding, “Like other communities with high occupancy STRs, we have our horror stories (karaoke outside at 2 am, renters trespassing on community and private docks, public urination, etc.). People living next to STRs do not have neighbors. They have a continually changing flow of strangers on vacation.”
Amid repeated complaints from year-round residents, the board of supervisors two years ago considered heavily regulating the use. The planning commission recommended that the county require STRs to obtain a CUP in most zoning designations, noting the rentals constitute a commercial use and may be incompatible in residential settings. The board rejected that proposal, defining STRs as a commercial use but allowing them by-right with some restrictions in most residential zoning.
In their letter, the Elk Creek Landing residents said the ordinance “set the stage” for some of the issues they’re encountering by permitting “income-generating STRs to legally do business in residential communities.”
“In our Elk Creek Landing community, 28% of our homes are income-generating STRs (15 out of 52). Our [property owners association] has an STR registry, ongoing communication with STR owners, and a fine policy for infractions of our community regulations. We can only do so much. We need help and support from the County,” the letter says.
Cuckoo District Supervisor Chris McCotter, who represents Elk Creek Landing, said in an email on Sunday that he’s “confident County staff is working toward addressing continuing issues associated with some STRs that appear to be noncompliant.”
“This is a lifestyle issue for many of my constituents and their concerns can and should be balanced with STR owners’ property rights, which have already been given serious leeway,” McCotter said.
BOS preview: Supes to consider restrictions on retail sales of controlled substances
Beyond getting an update on staff’s efforts to ensure that short-term rentals comply with county code, the board of supervisors on Monday will tackle other public business, including holding two public hearings.
Supervisors to consider requiring CUP for some businesses selling controlled substances
The board of supervisors on Monday night will consider restricting where businesses that sell cannabis can set up shop in Louisa County should state lawmakers establish a retail market for the substance.
The board will hold a public hearing and consider amending county code to require that businesses engaged in the “retail sales of controlled substances” obtain a conditional use permit (CUP). That requires a lengthy public approval process and an affirmative vote by supervisors. (draft amendments)
With the permit, establishments “engaged in the sale or transaction” of controlled substances would only be allowed in commercial zoning, planned unit developments (PUD) and resort developments (RD). They’d be prohibited in the county’s other zoning designations.
Products covered by the proposal include, but aren’t limited to, “prescription medications, hemp products intended for consumption, a substance containing any percentage of controlled substances, and other regulated substances.”
The rules wouldn’t apply to alcohol or tobacco sales, passive agricultural activity or “facilities lawfully operating under a valid and active registration with the United States Drug Enforcement Administration (DEA) as licensed medical providers.” Existing businesses selling controlled substances would be grandfathered in.
Controlled substances are defined and regulated by the federal government based on their medical use, potential for abuse, and safety or dependence liability.
Members of the board of supervisors asked staff to come up with rules for where businesses selling controlled substances can set up shop amid concern that lawmakers in Richmond will establish a retail market for recreational cannabis.
Currently, it’s legal to possess, share and grow a small amount of cannabis, but, outside of licensed medical dispensaries, retail sales are prohibited. The Democratic-controlled General Assembly has twice passed legislation to expand the retail market to allow cannabis sales for recreational use, but Republican Governor Glenn Youngkin has wielded his veto pen to block the measure.
The proposed ordinance also grew out of concerns about shops that have cropped up in the county selling cannabis-related and adjacent products, prompted by changes in state law. One high-profile example is Higher Education at Zion Crossroads, which brands itself a “smoke shop” and sells vapes, pipes, grinders and rolling papers, among other items.
Deputy County Administrator Chris Coon has said that, since the county doesn’t currently have an ordinance in place dictating where businesses that sell controlled substances can peddle their wares, county officials want to set guardrails on the use ahead of any other action from Richmond.
The proposed amendments initially cast a far-wider net, placing restrictions on where pharmacies and, potentially, other licensed medical facilities could be established.
But, amid concerns that the regulations would complicate efforts to bring an urgent care center or similar medical services to the county, staff tweaked the proposal, adding the carveout for licensed medical providers that operate under the supervision of the federal government.
“The revised language ensures that any business engaged in the retail sale of controlled substances without a valid DEA license must obtain a Conditional Use Permit (CUP), to address potential impacts that are otherwise managed by the regulatory and professional standards applied to licensed medical facilities and their associated medical professionals,” Coon said in a memo to the board. “In contrast, organizations employing licensed medical professionals and maintaining an active DEA registration for dispensing or administering controlled substances will be permitted by-right in appropriate zoning districts.”
To help ensure that what Coon calls “legitimate healthcare services” don’t face burdensome regulations, the revised proposal removes the definitions of hospital and clinic from county code, adds a definition for a licensed medical facility and changes the definition for medical office. It allows both uses by-right in commercial, industrial and resort development (RD) zoning and prohibits them in agricultural (A-1, A-2) and residential zoning (R-1, R-2) and planned unit developments.
Licensed medical facilities include pharmacies, urgent care centers, hospitals, and medical clinics. Medical offices include facilities that provide “diagnostic services, minor surgical care, counseling, and outpatient treatment on a routine basis.”
Supes to hold public hearing on tweaks to Land Development Regulations
Supervisors will hold a public hearing and consider green-lighting a handful of tweaks to the county’s Land Development Regulations, covering everything from restrictions on signs with electronic messages to the plat approval process for subdivisions. (draft amendments)
In a memo to the board, Community Development Department staff says the proposed changes aim to ensure “the Zoning Code remains responsive to current needs, reduces unnecessary regulation, institutes additional safety standards and aligns with State and Federal laws.” The changes, staff says, will “enhance clarity, efficiency, and fairness in the administration of the Zoning Code while supporting the County's long-term planning goals.”
A few notable amendments include:
Sign regulations: The proposed amendments add to the county’s sign ordinance illumination standards for electronic message signs, which limit how bright the signs can be at night and specify in which zoning districts they’re permitted, among other provisions. Staff says in its memo that the regulations strengthen the county’s ability “to determine if a sign is a safety hazard.”
Lake Anna Shoreline Use and Design Standards: The amendments clarify that dry hydrants and restroom facilities will only be required in the common areas of lakeside subdivisions if required by the county’s Fire and EMS Department and the Virginia Department of Health, respectively. If either facility is required, the location will be coordinated with Dominion Energy.
Plat approvals: The amendments require that subdivision plats include language indicating that the roads serving the development will be private until such time as they’re accepted into the state’s secondary road system. Plats will also be required to include a note stating that an entrance permit must be obtained from the Virginia Department of Transportation for access to each lot on the subdivision plat.
Subdivision standards: Among other subdivision-related provisions, the amendments require that developers sign a performance agreement stipulating that improvements—namely roads in private developments—will be completed within a set time. The amendments also clarify that Louisa County is not obligated to maintain or install roads that are part of a subdivision plan, per state code.
Board to consider PC’s request for parcel data for land use planning
As the county prepares for a state-mandated five-year review of its Comprehensive Plan and, potentially, significant changes to its zoning code, the planning commission wants more data to help inform land use decisions.
At its May 8 meeting, the commission passed a resolution asking the board of supervisors to direct staff to develop and issue a request for proposals “to engage qualified firms to conduct a countywide analysis of by-right development potential.”
Per the resolution, the analysis “shall include a comprehensive review of all parcels in Louisa County to determine the number of divisions currently permitted by-right under applicable zoning and subdivision regulations.”
The commission says the intent of its request is “to compile a detailed inventory of developable parcels and their division potential to support informed decisions related to land use planning, infrastructure investment, and growth management.” The panel also notes that gathering that information would require a significant amount of staff time, necessitating the help of “other agencies or outside vendors.”
Supervisors will discuss the request on Monday night.
According to the meeting agenda, staff will also update the board on the comp plan review. The meeting materials don’t include any additional information about the item.
Supes to consider waiving fishing permit fees for Bowler’s Mill Lake
In an effort to increase access to fishing in county-owned waterways, supervisors will consider waiving fishing permit fees for Bowler’s Mill Lake in western Louisa County and allowing those who hold a permit to fish in the Northeast Creek Reservoir to fish at Bowler’s Mill as well.
Under the proposal, individuals would still be required to obtain a permit from the Louisa County Treasurer’s Office to fish at Bowler’s Mill “to ensure proper tracking and compliance,” but no fee would be charged.
The county currently charges residents $2.50, non-residents $5.50 and residents of the Town of Gordonsville $4.00 for an annual permit to fish in the 78-acre Bowler’s Mill impoundment. The county, via the Louisa County Water Authority, charges $10 for an annual permit to fish at the 187-acre reservoir with people over 65 getting a $2 discount.
Learn more about fishing at Bowler’s Mill Lake here. Learn more about fishing at the Northeast Creek Reservoir here.
State changes criteria for issuing swimming advisories for Harmful Algal Blooms
The Virginia Department of Health (VDH) is changing its criteria for issuing no swim advisories due to Harmful Algal Blooms (HAB)—a move that’s expected to directly impact Lake Anna.
According to guidance that took effect in late May, VDH will issue HAB advisories recommending that people and pets avoid direct contact with water only when toxin concentrations reach specific thresholds.
VDH previously considered both toxin levels and cell counts, or the concentration level of blue-green algae in water. That meant the agency issued recreational advisories for HAB when tests found elevated toxin levels or when cell counts exceeded 100,000 cells per milliliter.
“Toxins generated by HABs are the primary concern with protecting public safety. Issuing advisories based on toxin concentrations will increase certainty; when an advisory is issued, it will mean that there is a substantial health risk from HAB toxins,” VDH and the Department of Environmental Quality (DEQ) said in an explainer detailing the change. While VDH issues the advisories, DEQ is involved in water testing.
Harmful Algal Blooms are comprised of cyanobacteria, also known as blue-green algae, and can harm humans, wildlife and pets, particularly when toxins are present. According to VDH, toxins produced by the blooms can damage the kidneys, liver, nervous system, and brain. In extreme cases, toxins can cause severe illness or death in humans or animals when ingested. VDH advisories issued for elevated cell counts warned that the blooms could cause skin rash and gastrointestinal illness.
HAB has plagued the upper end of Lake Anna in recent years. High cell counts prompted VDH to issue no swim advisories for parts of the North Anna and Pamunkey branches and Terry’s Run in each of the last six summers. The advisories occasionally extended as far south as the Route 208 bridge and encompassed the public beach at Lake Anna State Park.
All of those advisories were issued due to elevated cell counts, not toxin levels. Under the new guidelines, VDH wouldn’t have issued the warnings.
Since 2020, VDH and DEQ have analyzed more than 400 samples from HAB investigations statewide. While almost a quarter of the samples exceeded cell count thresholds, none had toxin levels high enough to trigger an advisory, per the agencies.
Danielle Schools, director of VDH’s Division of Shellfish Safety and Waterborne Hazards, said in an email last week that the new criteria is consistent with recommendations from the Environmental Protection Agency (EPA) and, in part, based on a review of guidance used in other states.
Schools said that, over the last four years, state agencies have gathered extensive data, which shows that elevated cell densities don’t indicate there are unsafe toxin levels. She noted that the new guidance will result in more efficient investigations by DEQ and VDH and clearer public health messaging.
“The public will know if toxins are present in waters, and advisories will be issued when toxins exceed VDH and EPA safe swimming thresholds,” she said. “Overall, toxin testing provides a more reliable and direct assessment of the risks associated with HABs.”
While state officials have voiced confidence in the new guidelines, some Lake Anna residents have expressed concerns, including community leaders on the front lines of fighting HAB.
In comments submitted to state regulators last month, Harry Looney, who chairs the Lake Anna Civic Association’s (LACA) Water Quality Committee, urged state officials to reconsider the change. Looney said that elevated cell counts can serve as a key warning sign of the risks of HAB, and relying on the metric as a trigger for advisories helps ensure they’re issued before toxins reach dangerous levels.
“Removing this primary trigger could lead to a reactive approach, with advisories issued only after toxins exceed health thresholds. This delay could expose recreational users, especially vulnerable populations, to harmful conditions during early bloom stages when cell densities are substantial, even with low initial toxin levels,” Looney said.
Looney also serves on the Lake Anna Advisory Committee (LAAC), an inter-jurisdictional panel that includes representatives from Louisa, Spotsylvania and Orange counties, the three localities home to Lake Anna shoreline. In that role, he leads the panel’s Cyanobacteria Mitigation and Remediation Program, a multi-year effort to reduce phosphorus in the upper end of the lake. Excess phosphorus, which can come from runoff from agricultural and development, among other sources, serves a key food source for the blooms.
The mitigation program currently relies on state funding, receiving $1.75 million from the state budget over the last three year.
In his comments, Looney said that eliminating cell counts as a primary trigger for advisories would “diminish the perceived severity of HABs at Lake Anna” and could imperil efforts to secure funding for reducing the pollutants that feed the blooms.
“This could undermine future funding requests, as justifications often correlate elevated cyanobacteria biomass (cell counts) with potential cyanotoxin production and ecological/public health risks. Removing this direct indicator weakens the case for continued investment in mitigation strategies targeting nutrient loading from non-point sources in the Lake Anna watershed,” he said.
While Schools didn’t address how the change might impact state funding aimed at mitigation, she said the new guidance wouldn’t reduce or limit VDH or DEQ’s response to HAB reports. Rather, she said, it would allow for more comprehensive and extensive investigations and more targeted sampling.
“DEQ will continue to focus monitoring efforts in areas with high recreation and known blooms, will investigate potential algal blooms more extensively, and will collect more samples during each investigation. Increased sampling will result in more comprehensive investigations, with sampling both in areas that are representative of larger water body segments and in areas where blooms are densest and where toxins may exist,” Schools said.
Schools said that though HAB advisories would be issued based on toxin levels only, VDH would consider “any type of information about a potential HAB” and may use it to alert the public that a bloom could be present, or to help communities develop such alerts for their waterways. She noted that the public can still report blooms on the VDH website and view the agency’s HAB map.
Regardless of whether an advisory has been issued, Schools said that residents and visitors to the lake and their pets should avoid water that’s discolored, murky, appears to have a film on the surface or has an odor.
“When in doubt, stay out,” she said.
To learn more about the new guidance for issuing HAB advisories, click here.
Click here for contact information for the Louisa County Board of Supervisors.
Find agendas and minutes from previous Board of Supervisors and Planning Commission meetings as well as archived recordings here.
Click here for contact information for the Louisa County School Board.
Click here for minutes and agendas for School Board meetings. Click here for archived video.
Click here to access past editions of Engage Louisa.