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 citizens or a portion of the citizenry of the Commonwealth.
B. Notwithstanding the provisions of § 28.2-1302, sand grading activities are permitted on nonvegetated wetlands located on the Atlantic Shoreline of the City of Virginia Beach if (i) such activities are otherwise permitted by law, and (ii) the city manager has declared an emergency and issued a permit for such purpose. Such activities may be conducted without advance notice and hearing; however, upon request and after reasonable notice as to time and place, the city manager shall hold a hearing to affirm, modify, amend, or cancel such emergency permit.
1992, c. 836; 2022, c. 235.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-1301. Powers and duties of the Commission
§ 28.2-1302. Adoption of wetlands zoning ordinance; terms of ordinance
§ 28.2-1304. Officers, meetings, rules, etc., of wetlands boards; records and reports
§ 28.2-1305. Local governing body to supply meeting space and services for wetlands board
§ 28.2-1306. Permits required for certain activities; issuance of permits by Commission
§ 28.2-1307. Expedited permits; administrative procedures
§ 28.2-1308. Standards for use and development of wetlands; utilization of guidelines
§ 28.2-1310. Commissioner to review all decisions of wetlands boards
§ 28.2-1311. When Commission to review decision of wetlands board
§ 28.2-1312. Procedure for review; notice of decision
§ 28.2-1313. When Commission to modify, remand, or reverse decision of wetlands board
§ 28.2-1314. Time for issuance of permit
§ 28.2-1316. Investigations and prosecutions
§ 28.2-1317. Monitoring, inspections, compliance, and restoration