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 wetlands are located, and where applicable, to the freeholders specified in § 28.2-1311.
B. The Commission shall hear the appeal or conduct the review of the record transmitted by the board to the Commissioner. The Commission may take such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Commission, in its discretion, may also receive such other evidence as the ends of justice require.
C. The Commission shall notify the parties of its decision within forty-eight hours of the appeal or review hearing.
1972, c. 711, §§ 62.1-13.12, 62.1-13.14; 1992, c. 836.
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