§ 28.2-1313. When Commission to modify, remand, or reverse decision of wetlands board
The Commission shall modify, remand, or reverse the decision of the wetlands board if: 1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the wetlands zoning ordinance; or 2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board […]
§ 28.2-1314. Time for issuance of permit
No permit shall be issued until the period within which a request for review or an appeal to the Commission may be made has expired. If a request for review is made or an appeal is noted, no activity for which the permit is required shall be commenced until the Commission has notified the parties […]
§ 28.2-1315. Judicial review
An appeal from any Commission decision granting or denying a permit or from any Commission decision on the review of or appeal from a board decision may be taken by the applicant, any of the freeholders specified in subsection A of § 28.2-1311, or the county, city, or town where the wetlands are located. Judicial […]
§ 28.2-1309. Emergency sand grading activities on nonvegetated wetlands located on the Atlantic Shoreline of Virginia Beach
A. As used in this section, “emergency” means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would cause immediate and irrevocable harm to the […]
§ 28.2-1310. Commissioner to review all decisions of wetlands boards
The Commissioner shall review all decisions of wetlands boards and request the Commission to review a decision only when he believes the board failed to fulfill its responsibilities under the wetlands zoning ordinance. 1972, c. 711, § 62.1-13.10; 1992, c. 836.
§ 28.2-1311. When Commission to review decision of wetlands board
A. The Commission shall review a decision of a wetlands board when any of the following events occur: 1. An appeal is taken from the decision by the applicant or the county, city, or town where the wetlands are located. 2. The Commissioner requests the review. In order to make the request, the Commissioner shall […]
§ 28.2-1312. Procedure for review; notice of decision
A. The Commissioner shall cause notice of the review or appeal to be given to the board, the applicant, the county, city, or town where the wetlands are located, and where applicable, to the freeholders specified in § 28.2-1311. B. The Commission shall hear the appeal or conduct the review of the record transmitted by […]
§ 28.2-1307. Expedited permits; administrative procedures
A. The Commission may, in conjunction with local wetlands boards and other affected state and federal agencies, develop administrative procedures to expedite the processing of applications for permits required under this chapter. Whenever an application is received by the Commission for a permit over which a local board has jurisdiction under a wetlands zoning ordinance, […]
§ 28.2-1308. Standards for use and development of wetlands; utilization of guidelines
A. The following standards shall apply to the use and development of wetlands and shall be considered in the determination of whether any permit required by this chapter should be granted or denied: 1. Wetlands of primary ecological significance shall not be altered so that the ecological systems in the wetlands are unreasonably disturbed; and […]
§ 28.2-1306. Permits required for certain activities; issuance of permits by Commission
A. It shall be unlawful for any person to conduct any activity which would require a permit under a wetlands zoning ordinance without such a permit. Until the county, city, or town in which a person proposes to conduct an activity which would require a permit under a wetlands zoning ordinance adopts the wetlands zoning […]