§ 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; 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.
History
This law was first created in 1972. The record of its establishment is cataloged in chapter 711 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 “Acts” aren’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 467; in 1992, chapter 836.
1972, c. 711, § 62.1-13.13; 1975, c. 467; 1992, c. 836.