Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1300 - LIVING SHORELINE GROUP 1 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING TIDAL WETLANDS › Section 4VAC20-1300-50 - Permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				permit grants no authority to the permittee to encroach on property rights,
				including riparian rights, of others.
B. The duly authorized agents of the
				commission and the applicable local government shall have the right to enter
				upon the premises at reasonable times for the purposes of inspecting the work
				authorized by the permit and to evaluate compliance with the terms and
				conditions of the permit. Although the general permit is issued by the
				commissioner, the applicable local wetlands board retains jurisdiction and may
				enforce violations and any nonconformance with the permit occurring within
				tidal wetlands.
C. The permittee
				shall comply with all applicable federal, state, and local laws, ordinances,
				and rules and regulations concerning the project, specifically including those
				related to the Corps of Engineers, water quality standards, erosion and
				sedimentation control, the Chesapeake Bay Preservation Act, the Stormwater
				Management Act, and the Virginia Water Protection Permit Program. The granting
				of this permit shall not relieve the permittee of the responsibility of
				obtaining any and all other permits or authorization for this
				project.
D. The permit shall not
				affect or interfere with the right vouchsafed to the people of Virginia
				concerning fowling and the catching of and taking of oysters and other
				shellfish in and from the waters not included within the terms of the
				permit.
E. The permittee shall, to
				the greatest extent practicable, minimize adverse impacts of the project on
				adjacent properties and wetlands and upon the natural resources of the
				Commonwealth.
F. The permit may be
				revoked at any time by the commission upon the failure of the permittee to
				comply with the terms and conditions hereof or at the will of the General
				Assembly of Virginia.
G. All
				structures authorized by this permit that are not maintained in good repair or
				that are displaced to areas not authorized shall be completely removed within
				30 days after notification by the commission or its designated
				representatives.
H. The permittee
				agrees to indemnify and save harmless the Commonwealth of Virginia and any
				applicable locality from any liability arising from the establishment,
				operation, or maintenance of said project.
I. This general permit shall be retained by
				the permittee for the life of the project as evidence of
				authorization.
J. The project
				authorized by this general permit shall be completed within two years of the
				issuance of the permit. Upon proper request by the permittee, the permit may be
				extended to allow completion of the work.
NOTICE: The following form used in administering the
				  regulation was filed by the agency. The form is not being published; however,
				  online users of this issue of the Virginia Register of Regulations may click on
				  the name of the form to access it through a hyperlink. The form is also
				  available from the agency contact or may be viewed at the Office of the
				  Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
				  Virginia 23219.
Statutory Authority: §
											28.2-104.1 of the Code of
					 Virginia.