§ 28.2-1412. 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 dunes are located, and where applicable, to the freeholders specified in § 28.2-1411. B. The Commission shall hear the appeal or conduct the review on the record transmitted by […]
§ 28.2-1413. 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 coastal primary sand dune zoning ordinance; or 2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions […]
§ 28.2-1414. 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 […]
§ 28.2-1415. 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 § 28.2-1411, or by the county, city or town where the dunes or beaches […]
§ 28.2-1408. Standards for use of coastal primary sand dunes
No permanent alteration of or construction upon any coastal primary sand dune shall take place which would (i) impair the natural functions of the dune, (ii) physically alter the contour of the dune, or (iii) destroy vegetation growing thereon unless the wetlands board or the Commission, whichever is applicable, determines that there will be no […]
§ 28.2-1408.1. Expired
Expired.
§ 28.2-1408.2. Exemptions
A. Notwithstanding the requirements of § 28.2-1408 or any other provision of this Code, the Virginia Beach Wetlands Board shall make an ongoing determination in the Sandbridge Beach Subdivision to determine which structures or properties are in clear and imminent danger from erosion and storm damage due to severe wave action or storm surge. The […]
§ 28.2-1409. Emergency sand grading activities on sand dunes 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 […]
§ 28.2-1410. 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 coastal primary sand dune zoning ordinance. 1992, c. 836.
§ 28.2-1411. 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 by the county, city or town where the dunes are located. 2. The Commissioner requests the review. In order to make the request, the Commissioner […]