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 § 28.2-1403, sand grading activities are permitted on coastal primary sand dunes 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
Chapter 14 - Coastal Primary Sand Dunes and Beaches
§ 28.2-1401. Powers and duties of Commission
§ 28.2-1404. Meetings, quorum, rules, etc., of wetlands boards; records and reports
§ 28.2-1405. Local governing body to supply meeting space and services for wetlands board
§ 28.2-1406. Permits required for certain activities; issuance of permits by Commission
§ 28.2-1407. Administrative procedures
§ 28.2-1408. Standards for use of coastal primary sand dunes
§ 28.2-1410. Commissioner to review all decisions of wetlands boards
§ 28.2-1411. When Commission to review decision of wetlands board
§ 28.2-1412. Procedure for review; notice of decision
§ 28.2-1413. When Commission to modify, remand or reverse decision of wetlands board
§ 28.2-1414. Time for issuance of permit
§ 28.2-1416. Investigations and prosecutions
§ 28.2-1417. Monitoring, inspections, compliance, and restoration