reglab/housing_qa huggingface dataset:
VA Code § 28.2-1304 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1304. Officers, meetings, rules, etc., of wetlands boards; records and reports

The board shall annually elect from its membership a chairman and such other officers as it deems necessary for terms of one year. For the conduct of any hearing and the taking of any action, a quorum shall be not less than three members of a five-member board nor less than four members of a seven-member board. The board may make, alter, and rescind rules and forms for its procedures, provided they are consistent with state law and local ordinances. The board shall keep a full public record of its proceedings and shall submit a report of its activities to the local governing body at least once each year. The board shall forward a copy of each report to the Commission.1972, c. 711, § 62.1-13.7; 1977, c. 15; 1982, c. 446; 1992, c. 836.
VA Code § 28.2-1305 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1305. Local governing body to supply meeting space and services for wetlands board

Every county, city, or town creating a wetlands board shall supply the board with reasonable meeting space and necessary secretarial, clerical, legal, and consulting services. The local governing body is authorized to expend the public funds necessary to comply with the provisions of this section.1972, c. 711, § 62.1-13.8; 1992, c. 836.
VA Code § 28.2-1306 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1306. Permits required for certain activities; issuance of permits by Commission

A. It shall be unlawful for any person to conduct any activity which would require a permit under a wetlands zoning ordinance without such a permit. Until the county, city, or town in which a person proposes to conduct an activity which would require a permit under a wetlands zoning ordinance adopts the wetlands zoning ordinance, the person shall apply for a permit directly to the Commission, except as provided in subsection C of § 28.2-1303. If an applicant desires to use or develop wetlands owned by the Commonwealth, he shall apply for a permit directly to the Commission, and in addition to the application fee required by the wetlands zoning ordinance, he shall pay those fees and royalties assessed under § 28.2-1206.B. Upon notification by any county, city, or town that it has adopted the wetlands zoning ordinance, the Commission shall immediately forward to that jurisdiction's wetlands board any pending permit application over which that board would have had jurisdiction if the ordinance had been in effect at the time the application was filed. However, if requested by the applicant, the application shall remain within the Commission's jurisdiction.C. The Commission shall process permit applications in accordance with the provisions of the wetlands zoning ordinance and the Commissioner, or his authorized representative, shall sign such permit; however, the Commission may designate one or more hearing officers who may, in lieu of the Commission, conduct public hearings as required under § 28.2-1302, and thereafter report their findings and recommendations to the Commission.1972, c. 711, §§ 62.1-13.5, 62.1-13.9; 1973, cc. 382, 388; 1975, c. 268; 1979, c. 418; 1982, c. 300; 1985, c. 541; 1988, c. 587; 1989, c. 360; 1992, c. 836; 1994, c. 125.
VA Code § 28.2-1307 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1307. Expedited permits; administrative procedures

A. The Commission may, in conjunction with local wetlands boards and other affected state and federal agencies, develop administrative procedures to expedite the processing of applications for permits required under this chapter. Whenever an application is received by the Commission for a permit over which a local board has jurisdiction under a wetlands zoning ordinance, the Commission shall forward a copy of the application to that board within seven days.B. The Commission shall, in conjunction with local wetlands boards and other affected state and federal agencies, develop an expedited process for issuing general wetlands permits to be used by applicants during emergency situations in which a determination has been made that there is a threat to public or private property, or to the health and safety of the public. The development of the general wetlands permit shall be in accordance with subdivision A 8 of § 2.2-4006.1982, c. 300, § 62.1-13.5:2; 1992, c. 836; 1997, c. 868; 2010, c. 65.
VA Code § 28.2-1309 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1309. Emergency sand grading activities on nonvegetated wetlands located on the Atlantic Shoreline of Virginia Beach

Not set out. ( 1992, c. 836.)
VA Code § 28.2-1310 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1310. Commissioner to review all decisions of wetlands boards

The Commissioner shall review all decisions of wetlands boards and request the Commission to review a decision only when he believes the board failed to fulfill its responsibilities under the wetlands zoning ordinance.1972, c. 711, § 62.1-13.10; 1992, c. 836.
VA Code § 28.2-1311 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1311. When Commission to review decision of wetlands board

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 the county, city, or town where the wetlands are located.2. The Commissioner requests the review. In order to make the request, the Commissioner shall notify the board, applicant, and the county, city, or town where the wetlands 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 wetlands 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 wetlands are located.1972, c. 711, § 62.1-13.11; 1992, c. 836.
VA Code § 28.2-1312 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1312. Procedure for review; notice of decision

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.
VA Code § 28.2-1313 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1313. When Commission to modify, remand, or reverse decision of wetlands board

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 wetlands zoning ordinance; or2. 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; orf. Arbitrary, capricious, or an abuse of discretion.1972, c. 711, § 62.1-13.13; 1975, c. 467; 1992, c. 836.
VA Code § 28.2-1314 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1314. Time for issuance of permit

No permit shall be issued until the period within which a request for review or an appeal to the Commission may be made has expired. If a request for review is made or an appeal is noted, no activity for which the permit is required shall be commenced until the Commission has notified the parties of its determination.1973, c. 65, § 62.1-13.14:1; 1992, c. 836.
VA Code § 28.2-1315 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1315. Judicial review

An appeal from any Commission decision granting or denying a permit or from any Commission decision on the review of or appeal from a board decision may be taken by the applicant, any of the freeholders specified in subsection A of § 28.2-1311, or the county, city, or town where the wetlands are located. Judicial review shall be pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).1972, c. 711, § 62.1-13.15; 1982, c. 300; 1986, c. 615; 1992, c. 836.
VA Code § 28.2-1316 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1316. Investigations and prosecutions

The Commission may investigate all projects, whether proposed or ongoing, which alter wetlands. The Commission may prosecute all violations of any order, rule, or regulation of the Commission or of a wetlands board, or violation of any provision of this chapter. Wetlands boards may investigate all projects, whether proposed or ongoing, which alter wetlands located within their jurisdiction. Wetlands boards may prosecute all violations of their orders and any violation of the wetlands zoning ordinance under which they were established.1972, c. 711, § 62.1-13.16; 1975, c. 467; 1992, c. 836.
VA Code § 28.2-1318 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1318. Violations; penalty

Any person who knowingly, intentionally, or negligently violates any order, rule, or regulation of the Commission or of a wetlands board established pursuant to this chapter, any provision of this chapter or of a wetlands zoning ordinance enacted pursuant to this chapter, or any provision of a permit granted pursuant to this chapter is guilty of a Class 1 misdemeanor. Following a conviction, every day the violation continues is a separate offense.1972, c. 711, § 62.1-13.18; 1992, c. 836.
VA Code § 28.2-1319 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1319. Injunctions

Upon the petition of the Commission or a wetlands board to the circuit court of the county or city where any act is done or threatened which is unlawful under this chapter, the court may enjoin the unlawful act and order the defendant to take any steps necessary to restore, protect, and preserve the wetlands involved. This remedy shall be exclusive of and in addition to any criminal penalty which may be imposed under § 28.2-1318.1973, c. 65, § 62.1-13.18:1; 1992, c. 836.
VA Code § 28.2-1320 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 13 - Wetlands|§ 28.2-1320. Penalties

A. Without limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any Commission or wetlands board notice, order, rule, regulation, or permit condition authorized by this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring wetlands therein, in such a manner as the court may, by order, direct, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.B. Without limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any Commission or wetlands board order, rule, regulation, or permit condition authorized by this chapter, the Commission or wetlands board may provide, in an order issued by the Commission or wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection A of this section. Civil charges may be in addition to the cost of any restoration ordered by the Commission or a wetlands board.1990, c. 811, § 62.1-13.18:2; 1992, c. 836.
VA Code § 28.2-1400 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1400. Definitions

A. As used in this chapter, unless the context requires a different meaning:"Beach" means the shoreline zone comprised of unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), or the nearest impermeable man-made structure, such as a bulkhead, revetment, or paved road."Coastal primary sand dune" or "dune" means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens); Japanese sedge or Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon virginicus); and short dune grass (Panicum amarum). For purposes of this chapter, "coastal primary sand dune" or "dune" shall not include any mound of sand, sandy soil, or dredge spoil deposited by any person for the purpose of temporary storage, beach replenishment or beach nourishment, nor shall the slopes of any such mound be used to determine the landward or lateral limits of a coastal primary sand dune."Coastal primary sand dune zoning ordinance" means the ordinance set forth in § 28.2-1403."County, city or town" means the governing body of the county, city or town."Governmental activity" means any of the services provided by Commonwealth or a county, city or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings."Wetlands board" or "board" means the board created pursuant to § 28.2-1303.B. Although separately defined in subsection A of this section, the terms "coastal primary sand dune," "dune," and "beach," when used in this chapter, shall be interchangeable.1980, c. 660, §§ 62.1-13.21, 62.1-13.22; 1984, c. 556; 1985, c. 589; 1987, c. 499; 1989, c. 342; 1992, c. 836; 1994, c. 112; 1998, c. 160; 2008, c. 20.
VA Code § 28.2-1401 (2021)
2021 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

A. The Commission may receive gifts, grants, bequests, and devises of coastal primary sand dunes, beaches, and money which shall be held for the uses prescribed by the donor, grantor, or testator and in accordance with the provisions of this chapter.B. The Commission shall preserve and protect coastal primary sand dunes and beaches and prevent their despoliation and destruction. Whenever practical, the Commission shall accommodate necessary economic development in a manner consistent with the protection of these features. The Commission shall manage any coastal primary sand dunes and beaches it receives as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title.C. In order to perform its duties under this section and to assist counties, cities and towns in regulating coastal primary sand dunes and beaches, the Commission shall, with the advice and assistance of the Virginia Institute of Marine Science, promulgate guidelines which describe the consequences of use of these dunes and beaches.D. In developing guidelines or regulations under this chapter, the Commission shall consult with all affected state agencies. Consistent with other legal rights, consideration shall be given to the importance of coastal primary sand dunes with their unique physiographic features which, in their natural state, serve as protective barriers from the effects of flooding and erosion caused by coastal storms, thereby protecting life and property; provide an essential source of natural sand replenishment for beaches and an important natural habitat for coastal fauna; and enhance the scenic and recreational attractiveness of Virginia's coastal area.1972, c. 711, § 62.1-13.17; 1980, c. 660, §§ 62.1-13.21, 62.1-13.24; 1984, c. 556; 1989, c. 342; 1992, c. 836; 1994, c. 112; 1995, c. 850.
VA Code § 28.2-1402 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1402. Expired

Expired.
VA Code § 28.2-1404 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1404. Meetings, quorum, rules, etc., of wetlands boards; records and reports

For the conduct of any wetlands board hearing and the taking of any action, a quorum shall be not less than three members of a five-member board nor less than four members of a seven-member board. The board may make, alter, and rescind rules and forms for its procedures, provided they are consistent with state law and local ordinances. The board shall keep a full public record of its proceedings and shall submit a report of its activities to the local governing body at least once each year. The board shall forward a copy of each report to the Commission.1992, c. 836.
VA Code § 28.2-1405 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1405. Local governing body to supply meeting space and services for wetlands board

Every county, city or town enacting an ordinance pursuant to this chapter shall supply the board with reasonable meeting space and necessary secretarial, clerical, legal, and consulting services. The local governing body is authorized to expend the public funds necessary to comply with the provisions of this section.1992, c. 836; 1994, c. 112.
VA Code § 28.2-1406 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1406. Permits required for certain activities; issuance of permits by Commission

A. It shall be unlawful for any person to conduct any activity which would require a permit under a coastal primary sand dune zoning ordinance without such a permit. Until the county, city or town in which a person proposes to conduct an activity which would require a permit under the ordinance adopts the ordinance, such person shall apply for a permit directly to the Commission. Permit applicants desiring to use or develop dunes or beaches owned by the Commonwealth shall also apply directly to the Commission.B. The Commission shall process permit applications in accordance with the provisions of the Coastal Primary Sand Dune Zoning Ordinance and the Commissioner, or his authorized representative, shall sign any permit granted; however, the Commission may designate one or more hearing officers who may, in lieu of the Commission, conduct public hearings as required under § 28.2-1403 and thereafter report their findings and recommendations to the Commission.1972, c. 711, § 62.1-13.9; 1980, c. 660, § 62.1-13.26; 1992, c. 836; 1994, cc. 112, 125.
VA Code § 28.2-1407 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1407. Administrative procedures

The Commission may, in conjunction with local wetlands boards and other affected state and federal agencies, develop administrative procedures to expedite the processing of applications for permits required under this chapter. Whenever an application is received by the Commission for a permit over which a local board has jurisdiction under a coastal primary sand dune zoning ordinance, the Commission shall forward a copy of the application to that board within seven days.1992, c. 836.
VA Code § 28.2-1408 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1408. Standards for use of coastal primary sand dunes

No permanent alteration of or construction upon any coastal primary sand dune shall take place which would (i) impair the natural functions of the dune, (ii) physically alter the contour of the dune, or (iii) destroy vegetation growing thereon unless the wetlands board or the Commission, whichever is applicable, determines that there will be no significant adverse ecological impact, or that the granting of a permit is clearly necessary and consistent with the public interest, considering all material factors.1980, c. 660, § 62.1-13.23; 1992, c. 836.
VA Code § 28.2-1408.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1408.1. Expired

Expired.
VA Code § 28.2-1409 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1409. Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach

Not set out. ( 1992, c. 836.)
VA Code § 28.2-1410 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 14 - Coastal Primary Sand Dunes and Beaches|§ 28.2-1410. Commissioner to review all decisions of wetlands boards

The Commissioner shall review all decisions of wetlands boards and request the Commission to review a decision only when he believes the board failed to fulfill its responsibilities under the coastal primary sand dune zoning ordinance.1992, c. 836.