The Commission shall modify, remand or reverse the decision of the wetlands board if:
1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the coastal primary sand dune zoning ordinance; or
2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board are:
a. In violation of constitutional provisions;
b. In excess of statutory authority or jurisdiction of the wetlands board;
c. Made upon unlawful procedure;
d. Affected by other error of law;
e. Unsupported by the evidence on the record considered as a whole; or
f. Arbitrary, capricious, or an abuse of discretion.
1992, c. 836.
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