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 by the county, city or town where the dunes are located.
2. The Commissioner requests the review. In order to make the request, the Commissioner shall notify the board, applicant, and county, city or town where the dunes 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 coastal primary sand dune 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 dunes are located.
1992, c. 836; 1994, c. 112.
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