Unique Dynamics of VA Waterfront Properties

Adam Garrett
May 30, 2024
17 min read

Updated: Jul 9

Above: 122 Sandbox Lane in Yorktown, VA, the 1st house on the left on the York River from the Chesapeake Bay, my family's former home that I resided in for almost a decade excluding time at Wheaton College in IL

My Experience with Waterfront Growing Up

Before I ever got into real estate, my family lived at a few waterfront properties. 1 was in Hampton on Chesapeake Avenue (I was just a baby) & 2 were in Yorktown, with one at 1718 Calthrop Neck Rd on Lambs Creek off the Poquoson River, and the other above at 122 Sandbox Lane. My father still owns 122 Sandbox Lane. As a boy, I used to love going to my grandma's (Nana) home on the Trent River in North Carolina which had snakes due to the low salt content compared to the other homes. I also enjoyed going to my other grandma's (Caye Caye) home on the Hampton River. Even in times when we didn't live on the water growing up, we still had boats, and later jet skis as well, that we loved to get out on the water on. Even when we didn't live on the water, we tended to not be far from the water so that we could get out on the water, whether via a boat my had at a dock or a boat/jet skis that we trailered to a boat ramp. I loved (& still love, though time is lacking these days) fishing, paddleboarding, kayaking, canoeing, sailing, jet-skiing, hunting, tubing, wake-boarding, skiing, & just spending time right there in front of the water.

Common Elements of Waterfront Properties:

No Hunting, Fishing, or Trapping License Required for Owners & Close Family in Many States including VA if you Live There

In many states in the US, including VA, while exact stipulations vary, you'll be able to fish or hunt without getting a license .

"Resident or nonresident landowners, their spouses, their children and grandchildren and the spouses of such children and grandchildren, or the landowner's parents, resident or nonresident, do not need a license to hunt, trap or fish (on inland waters) within the boundaries of their own lands (DWR)."

"A Federal Duck Stamp is required of any person 16 years of age and older to hunt or take any migratory waterfowl. There are no exceptions for landowners or for license exempt hunters to this federal requirement (DWR)."

Keep in mind that not all waterfront will allow hunting or shooting, but it's nice when it is possible to do both right in your backyard. Your riparian rights on tidal water can be helpful at times for installing duck blinds. Even if you don't get a duck blind, a fabric ground blind is a low cost viable and portable option.

Hunting in VA

Fishing in VA

How to Check for Water Frontage to Help Establish Riparian & Littoral Water Rights

Riparian rights per Water Education Foundation - "A landowner whose property borders a river has a right to use water from that river on his land."

Littoral Land per Investopedia: "Littoral land refers to a piece of land that borders a pooled or standing body of water, such as a lake, ocean, or sea... Littoral rights are a landowner’s claim to use of the body of water bordering their property, as well as the use of its shore area."

Per Sea Grant Law Center (PDF): "The Prior Appropriation Doctrine is a method of regulating water rights used primarily in the western United States. In a prior

appropriation jurisdiction, water rights are granted based on when a person uses water for a beneficial use. The water right continues as long as the water is being used for the same beneficial use. Unlike in a riparian system, water rights are not attached to land ownership."

Look at a county/city map to see lot lines, and if a measurement tool isn't available directly on that, go over to Google Maps, right-click on the map, and start measuring.

The more the water frontage you have on tidal waters, the more riparian &/or littoral rights you have.

Related: Water Rights by Investopedia

Wetlands

Wetlands are a blessing and a curse. They're great for the environment, and if your neighbors have a lot of wetlands, your view will be better protected. That said, if you have wetlands, the Chesapeake Bay Preservation Act restricts what you'll be able to do with your land. Here's a national wetlands mapper, though keep in mind that a wetlands delineation will be more accurate. When looking at the map, Estuarine & Marine Wetlands typically involve a 100' buffer. That said, if land was designed for a home to be built on it, and no home has been built yet, and the parcel was created prior to the establishment of the Chesapeake Bay Preservation Act, in some cases, that 100' buffer can go down to 50'. Wetlands don't just impact structures, but also things like driveways. A porous driveway might get approved when a non-porous driveway wouldn't.

Flood Zones

When considering waterfront, be sure to have a good handle of the water depth, navigability beyond the home, and dock situation.

Flood zones are rated:

X - Minimal chance of issues - the best rating you can get in the area

X-500 - Once every 500 years a serious flood is likely to do some damage

AE - Once or more every 100 years a serious flood is likely to do some damage

With AE zones, flood insurance is required if you have a mortgage. If you own it outright, I still recommend it.

An AE zone must be touching the home or something attached to the home, or something else of substantive value (i.e. a detached garage) in order to flood insurance to be required on a mortgage.

Many waterfront properties are in AE and X500 flood zones, but that's not always the case. Likewise, many non-waterfront properties are in flood zones. My favorite home ever, the one at the top of this article, was completely in an AE flood zone, but still my dad's favorite property in VA, and mine as well.

Flood zone costs can have a significant impact on the value of a home. The higher the cost, the less desirable the home. A home that is a few hundred dollars a year in flood insurance cost is significantly more desirable than a home with a few thousand dollars a year in flood insurance cost, all other factors the same.

Some common ways to reduce flood insurance costs and mitigate risk include acquiring an elevation certificate and installing flood vents if your home is suited for it (i.e. not a slab). For even greater savings (despite much higher costs for homes already built), homes can be lifted at times. Some will even add soil to a property in order to get it out of a flood zone, like my in-laws did to their waterfront home.

Most MLS in the area of SE VA (i.e. Williamsburg MLS, Rein MLS, CBRAR MLS) have a built-in flood map that is superior to any of the home search sites that are public that I've seen. That said, Northern Neck MLS does not have a built-in flood map.

Here's how to view that within MLS:

Hurricane Evacuation Zones

Hurricane evacuation zones and flood zones go hand in hand, but just because a property is in a hurricane evacuation zone doesn't mean that it's in a flood zone, and vice versa. That said, in SE VA, most properties in flood zones are also in hurricane evacuation zones. There is a rating system for these, with Zone A being the first to evacuate, zone B the 2nd, and so on. If a property is in Zone A, X500, and has AE on the property, it's a prime candidate for shifting to AE further sooner rather than later.

Hurricane Evacuation Zones & Local Flood Zone Projections

Erosion

Erosion is a significantly more serious issue on the water than in a typical Virginia landscape. There are a variety of methods for preventing erosion, and it's most important in areas that are tidal with wave action.

Rip rap can be added directly on the shore or it can be added off the shore for different effects. Off the shore in a location with wave action, it tends to encourage further build-up of the shore.
Some people don't have any erosion prevention, especially a number of beaches, though erosion can still deplete a beach substantially if there is wave action.
A sea wall is another possibility. Ideally, these are concrete or another material that is weighty and not prone to heavy deterioration by the water. Sometimes these are wooden to save on initial costs, but the long-term cost is typically higher this way.
Certain plants can be helpful to mitigate erosion, like hackberry trees, which are salt tolerant with edible fruits/nuts.

Water Depth

A waterfront property that would otherwise be navigable but with no deep water preventing that beyond something like a kayak is worth significantly less than a navigable property with deep water, all other factors the same.

When selling a waterfront property, it's critical to know the water depth prior to listing and pricing it accordingly. Likewise, when buying, it's best to get information on that, if available, in advance of seeing a property.

While you won't be getting an exact number this way, a way to get an idea of the water depth is by going to the following map:

Dredging

Dredging can be a highly effective and important tool for waterfront property. Dredging requires permitting, and some locations make that easier to get than others. It's gotten harder and harder to get over the years due to more stringent environmental concerns & regulations. In some cases, you might be able to split dredging costs with neighbors, but things can get messy.

Positive Impact of Environmental Regulations

While environmental regulations may seem overly restrictive at times, the positive side of these regulations shouldn't be ignored. Awareness of environmental impact in various regards and regulations according to that awareness as well as other efforts has contributed to the best score for Chesapeake Bay cleanliness in 2023 in 21 years.

To give you an idea of the direct impact of water cleanliness on the Bay itself, the water now is not very clear, while when Captain John Smith first came to the area in 1608, it was much more clear.

That impacts activities like scuba-diving, fishing, swimming, harvesting shellfish, hunting, & plantlife. Less clear waters mean less plant life, and less plant life means that less fish and other aquatic animals can thrive. "Clearwater Beach" in Florida didn't pick their name by random. Clear waters are a big commercial pull to an area.

Docks & Ramps

When considering waterfront, be sure to have a good handle of the water depth, navigability beyond the home, and dock situation.

One of the most common mistakes with docks in SE VA is not getting a good enough dock to last in non-protected waters. If you have the protection of a cove, you might not need a fancy dock. That said, if you're somewhere like the mouth of the York River, a prime location, but not one that is well protected, it's a good idea to spend some extra money so that your investment won't go down the river when a hurricane strikes. While you'll certainly pay more, vinyl-wrapped pilings that are put deeper than typical last the longest, especially when combined with composite plank that is heavier than water. If you use typical wood plank, and the dock isn't very high, if the hurricanes come, and the water goes above the planks, the pressure from rising waters will push up on the already buoyant wood, a combination that has caused many a dock in the past to mostly float down the river and fall apart.

Also, when getting a dock, investing in a solid boat lift (or more than 1) can be a big help to keep your boats from erosion. It can keep your boats in a state where there is less maintenance needed by a good margin and increase the lifespan of your boat. With your boat lift, getting a remote (or 2) is also helpful.

A floating dock can also be helpful, especially when combined with a fixed dock and boatlift.

Having a place to launch small craft such as kayas or hoby-cats is also beneficial, even if it's just the beach you already have on your waterfront property like in our case with Sandbox lane.

Don't forget water and electricity for your dock. For many boats, water is important for flushing your engines from salt water, whether you're talking a prop motor or a jet ski/jet boat. Also, cleaning fish right on your dock is nice in part because you can recycle into your own water and don't need to get the house as smelly or worry as much about being careful not to get fish scales everywhere.

Lights also are a nice touch for docks, whether they're solar power or otherwise. We had lights pointed toward the water in our York River docks that were supposed to attract fish. They worked like a charm, and we had an abundance of striper to such a degree that fishermen we didn't know would come by boat to fish at our docks.

Don't forget crab pots, minnow traps, eel traps, fish traps, and oyster cages if you have suitable water for it and plan on going fishing. You might also want to save your fish guts to put in these as bait when cleaning fish.

I have created a map which includes a layer dedicated to free boat ramps primarily in VA:

Salt Water vs Freshwater Map

Negative Salt Water Dynamics to be Aware of: Salt Impact

One of the most important salt issues to be aware of if you live on the water in an area where the ground can flood with seawater is that some plants (including grass) are a lot more salt tolerant than others. For instance, my father found through a combination of observation and study that hackberry trees were some of the most salt-tolerant trees common to our area that practically no one was talking about. Unbeknownst to me until after I moved from the home, hackberries also have a nut/berry-like combination that is edible. If you plant a garden, be sure to check on the salt tolerance of plants, especially during hurricane season if you're in a place like the East Coast. PDF of more salt-tolerant plants, including list of those native to SE Virginia.

Salt from sea spray on a waterfront home or commercial property that is not very elevated can mean some sea spray, especially in strong storms, could impact vehicles over time. It's ideal for vehicles in these locations to be garaged. That said, we had a location like that and we didn't garage our vehicles, so while ideal, it's not typically required.

Another negative impact of salt is that just like it corrodes cars, it also corrodes boats & piers more so than freshwater.
- It's more important to have boat lifts in salt water than it is in freshwater because of that. Also, flushing out engines with freshwater after every use is more important for maintenance with saltwater use than with freshwater use. With freshwater, it's beneficial, especially in murky water or when you've grounded your engine, but it's not nearly as crucial.
- Another way to extend the life of your pier, whether in saltwater or freshwater, is by using vinyl-wrapped pilings and composite planks instead of wood.

Fresh Water Dynamics to be Aware of: Swallowing Freshwater, Snapping Turtles, Snakes, & Illnesses

Swallowing Freshwater is More Hazardous than Salt Water

Per a drowning study, "90% of drowning cases occur in freshwaters such as rivers and pools. Drowning in fresh water and entering a large amount of pool or river water into the lungs and stomach is much more dangerous than swallowing a lot of sea water. Swallowing plenty of freshwater leads to quick absorption into blood from the gastrointestinal tract due to a lower osmotic pressure than blood; therefore, it increases blood volume in a short amount of time that results in the loss of red blood cells (hemolysis). Unlike freshwater, saltwater does not induce the above complications because of having the equal osmotic pressure to blood, and it just increases slightly sodium and chlorine causing mild symptoms. For this reason, swimmers are advised that if they swallow a lot of water, they try to remove it from the abdomen, and even if they are in a good condition, they should go to the hospital to control the blood electrolytes, as the symptoms may develop within the next few hours."

Snapping Turtles

In SE VA & in many other locationssna, Snapping Turtles are a substantive issue to be aware of. According to Nature Discovery, it's even possible for them to bite off toes and fingers.

Here's the habitat of one species of snapping turtle:

Parasites & Illnesses

While saltwater scenarios aren't immune to parasites and illnesses, bacteria thrives more in freshwater than saltwater.

Per VDH,

"Germs in the places we swim can cause a variety of illnesses, including gastrointestinal, skin, ear, respiratory, eye, neurologic, and wound infections. Germs can get into the water in different ways: when they wash off of swimmers’ bodies, when swimmers have diarrheal incidents in the water, and even when rainwater runs off near local beaches and swim areas. Three of the most common germs that cause waterborne illnesses in Virginia are Cryptosporidium, Giardia, and Vibrio.

Prevent recreational water illnesses by following these simple steps.

Don’t swim when you have diarrhea. Just one diarrheal incident can release enough germs into the water that swallowing a mouthful can cause diarrhea lasting 2-3 weeks.
Don’t swallow pool water, and don’t drink water directly from streams, lakes, or other bodies of water.
Practice good hygiene. Shower with soap before swimming and wash your hands with soap after using the toilet or changing diapers. Germs on your body end up in the water.
Avoid exposing open wounds or cuts to salt or brackish water. If exposed, wash the affected area right away with soap and clean water.
If you become ill, visit your primary healthcare provider."

Alligators

Alligators in the wild put a different meaning to waterfront property in alligator territory with the additional precautions necessary, though they result in a very low number of deaths in the US per year, even in Florida. Thankfully the last time one was reported in Virginia was in 2008, likely from someone's pet.

US Alligator range per USGS (typical range in yellow/orange, at least one sighting since 1928 in brown)

The brown area is where alligators have been spotted before, but where you won't typically find them. In many cases when completely out of their zone, an alligator may have escaped or been let loose. For instance, the Virginia locations plotted are from sightings between 1974 and 2008.

Snakes

While there are certain parts of the world that deal with saltwater snakes too, the only spots in the US where you'll typically find those is Hawaii and a bit of Southern California. Snakes are one of the most significant freshwater dynamics to be aware of, especially if you live in certain parts of SE VA & S of SE VA, where the venomous cottonmouth (water moccasin) territory is. Cottonmouths are likely not well adapted for climates that snow or that have relatively cold water. Here's a picture from susquehannockwildlife.org to illustrate the difference between Cottonmouths and their northern harmless lookalikes:

Virginia Range of the Cottonmouth per Virginia Herpetological Society

In yellow/orange (& burgundy for rare sightings) is the cottonmouth's US range:

Thankfully in SE VA, at least we don't have to deal with venomous coral snakes, where the venom is more potent.

Going a bit further north than SE VA won't save you from venomous snakes entirely, though. One of my former waterfront homes that also had woods used to have a problem with eastern copperheads. If you have plenty of non-aquatic wildlife around, copperheads can be present whether you're in saltwater or freshwater territory. That home happened to be saltwater.

When you consider rattlesnakes, it really is a bit tough to completely avoid the threat of snakes in most US states:

Here are some tips on avoiding venomous snake bites.

more information on the top 10 venomous US snakes

Salt Water Dynamics to be Aware of: Jellyfish, Sharks, Illnesses, & Stingrays

Like freshwater, illnesses can happen as a result of contact, swallowing water, etc., though they're a bigger problem in freshwater than saltwater.

Sharks are a very low threat in the United States, with under 5 deaths in a typical year from them within the US.

Jellyfish & similar species impact warm saltwater while not impacting freshwater.

The primary problematic jellies in VA are sea nettles. Unless there's an additional problem like allergies, they're painful but not dangerous according to VIMS & my own experience. JellyWatch is a good resource for a global map, though the map can be slow to load. For the Chesapeake Bay, there's a much better map of sea nettle probability produced by National Oceanic & Atmospheric Administration.
Sea Wasps are a dangerous problem facing the US, the Caribbean, & a number of other places, though rare in VA. They have a higher impact on California, North & South Carolina, but especially Florida in the US. Australia has it perhaps the worst due to the box jellyfish, a form of sea wasp, that are the most deadly.
Portuguese man-of-war are more dangerous, and can be deadly. Man-of-War prefer warm water, including Florida & the Caribbean, but can even be found in the relatively colder waters of California, & even Canada at times. While not typically a problem in VA, a few years ago, in 2023, there were reports of them spotted in Norfolk, VA. They're also not technically jellyfish.

Stingrays are an issue, but even less likely to be fatal than sharks. Unless you step on them or intentionally try to harm them, they're unlikely to pose a major threat to you. If they sting you, the ones present in the US are nothing like the massive one that killed Steve Irwin. They are found in salt water in the US, including in VA, with the exception of the St. Johns River system in Florida. Still, if you get stung, it's a good idea to get medical treatment. Here is a map of saltwater stingrays by National Geographic kids:

Varying Water Level Height: Rain, Tides, Storm Surge, & Climate Change

In VA, freshwater areas are much more impacted by rain than by tide. Saltwater is impacted mostly by tide, but can also be impacted by rain & storm surge, especially in extreme weather events like hurricanes. Here's some data shortly after Hurricane Helene came through the country:

ADAM GARRETT

Unique Dynamics of VA Waterfront Properties

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