§ 28.2-1313 — When Commission to modify, remand, or reverse decision of wetlands board

Virginia § 28.2-1313

• Jurisdiction: Virginia
• Title 28.2: FISHERIES AND HABITAT OF THE TIDAL WATERS
• Subtitle III: HABITAT
• Ch. 13: WETLANDS
• Art. 3: PERMITS AND REVIEW

Text

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 are:

a. In violation of constitutional provisions;

b. In excess of statutory authority or jurisdiction of the wetlands board;

c. Made upon unlawful procedure;

d. Affected by other error of law;

e. Unsupported by the evidence on the record considered as a whole; or

f. Arbitrary, capricious, or an abuse of discretion.

Legislative History

1972, c. 711, § 62.1-13.13; 1975, c. 467; 1992, c. 836.