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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 28.2-1302 of the Code of Virginia, relating to wetlands zoning permit;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 99 An Act to amend and reenact § 28.2-1302 of the Code of Virginia, relating to wetlands zoning permit;
R O [S 867] Approved L L Be it enacted by the General Assembly of Virginia:
[S 867] Approved March 21, 2023 Be it enacted by the General Assembly of Virginia:
E § 28.2-1302.
§ 28.2-1302.
D serve as the only wetlands zoning ordinance under which any wetlands board is authorized to operate.
Any county, city or town may adopt the following ordinance, which, after October 1, 1992, shall serve as the only wetlands zoning ordinance under which any wetlands board is authorized to operate.
Wetlands Zoning Ordinance § 1.
§ 1.
B "Back Bay and its tributaries" means the following, as shown on the United States Geological6Survey Virginia-North Carolina state line;
"Back Bay and its tributaries" means the following, as shown on the United States Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and Knotts Island:
Capsies Creek north of the Virginia-North Carolina state liEe;
Back Bay north of the Virginia-North Carolina state line;
Capsies Creek north of the Virginia-North Carolina state line;
Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters R connecting them;
Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting them;
(county, city, or town) to such services as constructing, repairing and maintaining roads;
(county, city, or town) to its citizens for the purpose of maintaining this ____ (county, city, or town), including but not limited to such services as constructing, repairing and maintaining roads;
providing sewage facilities and streeted to lights;
providing sewage facilities and street lights;
the North Landing River Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge;
the North Landing River from the Virginia-North Carolina line to Virginia Highway 165 at North Landing Bridge;
the Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge;
above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the county, city, or town in question, and upon which is growing any of the following species:
"Vegetated wetlands" means lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the county, city, or town in question, and upon which is growing any of the following species:
saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelobush (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea of 4 purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), smartweed (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis), or switch grass (Panicum virgatum).
saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice (Zizaniopsis miliacea), cattail (Typha spp.), three-square (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), smartweed (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp of 4 (Amaranthus cannabinus), reed grass (Phragmites communis), or switch grass (Panicum virgatum).
of 4 C.
C.
The fee shall be set by the applicable governing body with due regard for the services to be rendered, including the tiEe, skill, and administrator's expense involved.
The fee shall be set by the applicable governing body with due regard for the services to be rendered, including the time, skill, and administrator's expense involved.
All applications, maps, and documents submitted shall be open for public inspection at the office designated by the applicable governing body and specified in the advertisement for public heariRg required under § 6 of this ordinance.
All applications, maps, and documents submitted shall be open for public inspection at the office designated by the applicable governing body and specified in the advertisement for public hearing of 4 required under § 6 of this ordinance.
public hearing on the application.
§ 6.
The applicant, local governing body, Commissioner, owner of record a of any land adjacent to the wetlands in question, known claimants of water rights in or adjacent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Water Control Board, the Department of Transportation, and any governmental agency expressing an interest in the application shall be notified of the hearing.
Not later than 60 days after receipt of a complete application, the wetlands board shall hold a public hearing on the application.
The board shall mail these noticeE not less than 20 days prior to the date set for the hearing.
The applicant, local governing body, Commissioner, owner of record of any land adjacent to the wetlands in question, known claimants of water rights in or adjacent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Wildlife Resources, the Water Control Board, the Department of Transportation, and any governmental agency expressing an interest in the application shall be notified of the hearing.
The board shall mail these notices not less than 20 days prior to the date set for the hearing.
The cos§ 7.
The costs of publication shall be paid by the applicant.
§ 7.
Each witness St the hearing may submit a concise written statement of his testimony.
Each witness at the hearing may submit a concise written statement of his testimony.
The board shall make a record 8f the proceeding, which shall include the application, any written statements of witnesses, a summary7of statements of all witnesses, the findings and decision of the board, and the rationale for the Recision.
The board shall make a record of the proceeding, which shall include the application, any written statements of witnesses, a summary of statements of all witnesses, the findings and decision of the board, and the rationale for the decision.
If the board fails to make a the application is deemed approved.
If the board fails to make a determination within the 30-day period, it shall promptly notify the applicant and the Commission that the application is deemed approved.
For purposes of this section, "act" means taking a vote on thethat application.
For purposes of this section, "act" means taking a vote on the application.
The board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it, securing to the Commonwealth compliance with the conditions and suspend or revoke a permit if the applicant has failed to comply with any of the conditions ornance, limitations set forth in the permit or has exceeded the scope of the work described in the application.
The board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it, securing to the Commonwealth compliance with the conditions and limitations set forth in the permit.
The board may, after a hearing held pursuant to this ordinance, suspend or revoke a permit if the applicant has failed to comply with any of the conditions or limitations set forth in the permit or has exceeded the scope of the work described in the application.
In fulfilling its responsibilities under this ordinance, the board shall preserve and prevent the despoliation and destruction of wetlands within its jurisdiction while accommodating necessary economic development in a manner consistent with wetlands preservation and any standards set by the Commonwealth in addition to those identified in § 28.2-1308 to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards, including the provisions of guidelines Virginia.um standards promulgated by the Commission pursuant to § 28.2-1301 of the Code of § 10.
In fulfilling its responsibilities under this ordinance, the board shall preserve and prevent the despoliation and destruction of wetlands within its jurisdiction while accommodating necessary economic development in a manner consistent with wetlands preservation and any standards set by the Commonwealth in addition to those identified in § 28.2-1308 to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards, including the provisions of guidelines and minimum standards promulgated by the Commission pursuant to § 28.2-1301 of the Code of Virginia.
§ 10.
Virginia and guidelines promulgated pursuant to § 28.2-1301 of the Code of Virginia.
2.
of the Code of 3.
The proposed development conforms with the standards prescribed in § 28.2-1308 of the Code of Virginia and guidelines promulgated pursuant to § 28.2-1301 of the Code of Virginia.
The proposed activity does not violate the purposes and intent of this ordinance or Chapter 13 of 4 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.
3.
The proposed activity does not violate the purposes and intent of this ordinance or Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.
§ 13.
of 4 § 13.
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