Virginia § 28.2-1311 When Commission to review decision of wetlands board

Virginia Statutes

§ 28.2-1311 — When Commission to review decision of wetlands board

Virginia § 28.2-1311

JurisdictionVirginia

Title 28.2FISHERIES AND HABITAT OF THE TIDAL WATERS

Subtitle IIIHABITAT

Ch. 13WETLANDS

Art. 3PERMITS AND REVIEW

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Bluebook

Va. Code Ann. § 28.2-1311 (2026).

Text

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 notify the board, applicant, and the county, city, or town where the wetlands are located within ten days of receiving notice of the board's decision.

3.Twenty-five or more freeholders of property within the county, city, or town in which the proposed project is located sign and submit a petition to the Commission requesting the review. The petition shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under t

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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 notify the board, applicant, and the county, city, or town where the wetlands are located within ten days of receiving notice of the board's decision.

3. Twenty-five or more freeholders of property within the county, city, or town in which the proposed project is located sign and submit a petition to the Commission requesting the review. The petition shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under the wetlands zoning ordinance.

B. All requests for review or appeal shall be made within ten days of the date of the board's decision. The Commission shall hear and decide the review or appeal within forty-five days of receiving the request for review or notice of appeal. A continuance may be granted by the Commission on a motion of the applicant, the freeholders specified in subsection A of this section, or the county, city, or town where the wetlands are located.