§ 28.2-1413 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 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.
History
This law was first created in 1992. The record of its establishment is cataloged in chapter 836 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 1992 “Acts” aren’t available online.
1992, c. 836.