{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-104.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-104.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-104.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-104.1.html"}],"law_id":64559,"edition_id":1,"section_id":64559,"structure_id":12821,"section_number":"28.2-104.1","catch_line":"Living shorelines; development of general permit; guidance","history":"2011, c. 885; 2014, cc. 112, 143; 2020, cc. 566, 809; 2022, c. 333.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Living shoreline” means a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat; and maintains coastal processes through the strategic placement of plants, stone, sand fill, and other structural and organic materials. When practicable, a living shoreline may enhance coastal resilience and attenuation of wave energy and storm surge.\n\t\t\t“Other structural and organic materials” means materials or features that provide added protection or stability for the natural shoreline habitat components of a living shoreline that attenuate wave energy and do not interfere with natural coastal processes or the natural continuity of the land-water interface. “Other structural and organic materials” may be composed of a variety of natural or man-made materials, including rock, concrete, wood fiber, oyster shells, and geotextiles; however, structural features shall be free from contaminants and shall be adequately secured to prevent full or partial dislodging or detachment due to wave action or other natural forces.B\n\nThe Commission, in cooperation with the Department of Conservation and Recreation, the Department of Environmental Quality, and local wetlands boards, and with technical assistance from the Virginia Institute of Marine Science, shall establish and implement a general permit regulation that authorizes and encourages the use of living shorelines as the preferred alternative for stabilizing tidal shorelines in the Commonwealth. The regulation shall provide for an expedited permit review process for qualifying living shoreline projects requiring authorization under Chapters 12 (§ 28.2-1200 et seq.), 13 (§ 28.2-1300 et seq.), and 14 (§ 28.2-1400 et seq.). In developing the general permit, the Commission shall consult with the U.S. Army Corps of Engineers to ensure the minimization of conflicts with federal law and regulation.C\n\nThe Commission, in cooperation with the Department of Conservation and Recreation and with technical assistance from the Virginia Institute of Marine Science, shall develop integrated guidance for the management of tidal shoreline systems to provide a technical basis for the coordination of permit decisions required by any regulatory entity exercising authority over a shoreline management project. The guidance shall:1\n\nCommunicate to stakeholders and regulatory authorities that it is the policy of the Commonwealth to support living shorelines as the preferred alternative for stabilizing tidal shorelines;2\n\nIdentify preferred shoreline management approaches for the shoreline types found in the Commonwealth;3\n\nExplain the risks and benefits of protection provided by various shoreline system elements associated with each management option; and4\n\nRecommend procedures to achieve efficiency and effectiveness by the various regulatory entities exercising authority over a shoreline management project.D\n\nThe Commission shall permit only living shoreline approaches to shoreline management unless the best available science shows that such approaches are not suitable. If the best available science shows that a living shoreline approach is not suitable, the Commission shall require the applicant to incorporate, to the maximum extent possible, elements of living shoreline approaches into permitted projects.","order_by":null,"text":{"0":{"id":234941,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Living shoreline” means a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat; and maintains coastal processes through the strategic placement of plants, stone, sand fill, and other structural and organic materials. When practicable, a living shoreline may enhance coastal resilience and attenuation of wave energy and storm surge.\n\t\t\t“Other structural and organic materials” means materials or features that provide added protection or stability for the natural shoreline habitat components of a living shoreline that attenuate wave energy and do not interfere with natural coastal processes or the natural continuity of the land-water interface. “Other structural and organic materials” may be composed of a variety of natural or man-made materials, including rock, concrete, wood fiber, oyster shells, and geotextiles; however, structural features shall be free from contaminants and shall be adequately secured to prevent full or partial dislodging or detachment due to wave action or other natural forces.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234942,"text":"The Commission, in cooperation with the Department of Conservation and Recreation, the Department of Environmental Quality, and local wetlands boards, and with technical assistance from the Virginia Institute of Marine Science, shall establish and implement a general permit regulation that authorizes and encourages the use of living shorelines as the preferred alternative for stabilizing tidal shorelines in the Commonwealth. The regulation shall provide for an expedited permit review process for qualifying living shoreline projects requiring authorization under Chapters 12 (§ 28.2-1200 et seq.), 13 (§ 28.2-1300 et seq.), and 14 (§ 28.2-1400 et seq.). In developing the general permit, the Commission shall consult with the U.S. Army Corps of Engineers to ensure the minimization of conflicts with federal law and regulation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234943,"text":"The Commission, in cooperation with the Department of Conservation and Recreation and with technical assistance from the Virginia Institute of Marine Science, shall develop integrated guidance for the management of tidal shoreline systems to provide a technical basis for the coordination of permit decisions required by any regulatory entity exercising authority over a shoreline management project. The guidance shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":234944,"text":"Communicate to stakeholders and regulatory authorities that it is the policy of the Commonwealth to support living shorelines as the preferred alternative for stabilizing tidal shorelines;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":234945,"text":"Identify preferred shoreline management approaches for the shoreline types found in the Commonwealth;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":234946,"text":"Explain the risks and benefits of protection provided by various shoreline system elements associated with each management option; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":234947,"text":"Recommend procedures to achieve efficiency and effectiveness by the various regulatory entities exercising authority over a shoreline management project.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":234948,"text":"The Commission shall permit only living shoreline approaches to shoreline management unless the best available science shows that such approaches are not suitable. If the best available science shows that a living shoreline approach is not suitable, the Commission shall require the applicant to incorporate, to the maximum extent possible, elements of living shoreline approaches into permitted projects.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":12821,"edition_id":1,"name":"Commission; Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12820,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190595,"object_type":"structure","relational_id":12821,"identifier":"1","token":"28.2\/I\/1\/1","url":"\/28.2\/I\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12820,"edition_id":1,"name":"Administration","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12819,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190593,"object_type":"structure","relational_id":12820,"identifier":"1","token":"28.2\/I\/1","url":"\/28.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12819,"edition_id":1,"name":"General Provisions Relating to Marine Resources Commission","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190591,"object_type":"structure","relational_id":12819,"identifier":"I","token":"28.2\/I","url":"\/28.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55539,"structure_id":12821,"section_number":"28.2-100","catch_line":"Definitions","url":"\/28.2-100\/","token":"28.2\/I\/1\/1\/28.2-100","metadata":false},{"id":83264,"structure_id":12821,"section_number":"28.2-101","catch_line":"Jurisdiction of Commission","url":"\/28.2-101\/","token":"28.2\/I\/1\/1\/28.2-101","metadata":false},{"id":87172,"structure_id":12821,"section_number":"28.2-102","catch_line":"Commission membership; chairman; qualifications; terms; meetings","url":"\/28.2-102\/","token":"28.2\/I\/1\/1\/28.2-102","metadata":false},{"id":67711,"structure_id":12821,"section_number":"28.2-103","catch_line":"General powers of Commission; promulgation of regulations","url":"\/28.2-103\/","token":"28.2\/I\/1\/1\/28.2-103","metadata":false},{"id":59357,"structure_id":12821,"section_number":"28.2-104","catch_line":"Commissioner; general powers and duties","url":"\/28.2-104\/","token":"28.2\/I\/1\/1\/28.2-104","metadata":false},{"id":53977,"structure_id":12821,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/28.2-104.01\/","token":"28.2\/I\/1\/1\/28.2-104.01","metadata":false},{"id":64559,"structure_id":12821,"section_number":"28.2-104.1","catch_line":"Living shorelines; development of general permit; guidance","url":"\/28.2-104.1\/","token":"28.2\/I\/1\/1\/28.2-104.1","metadata":false},{"id":63736,"structure_id":12821,"section_number":"28.2-105","catch_line":"Legal representation for employees in criminal prosecution; compensation","url":"\/28.2-105\/","token":"28.2\/I\/1\/1\/28.2-105","metadata":false}],"previous_section":{"id":53977,"structure_id":12821,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/28.2-104.01\/","token":"28.2\/I\/1\/1\/28.2-104.01","metadata":false},"next_section":{"id":63736,"structure_id":12821,"section_number":"28.2-105","catch_line":"Legal representation for employees in criminal prosecution; compensation","url":"\/28.2-105\/","token":"28.2\/I\/1\/1\/28.2-105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-104.1\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 885<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapters 112<\/a> and 143<\/a>; in 2020, chapters 566<\/a> and 809<\/a>; in 2022, chapter 333<\/a>.<\/p>","references":[{"id":79079,"section_number":"15.2-958.3","catch_line":"Commercial Property Assessed Clean Energy (C-PACE) financing programs","order_by":null,"url":"\/15.2-958.3\/"},{"id":62624,"section_number":"28.2-1302","catch_line":"Adoption of wetlands zoning ordinance; terms of ordinance","order_by":null,"url":"\/28.2-1302\/"},{"id":62427,"section_number":"28.2-1403","catch_line":"Certain counties, cities, and towns authorized to adopt coastal primary sand dune ordinance","order_by":null,"url":"\/28.2-1403\/"},{"id":83856,"section_number":"58.1-3228.1","catch_line":"Partial exemption from real property taxes for flood mitigation efforts","order_by":null,"url":"\/58.1-3228.1\/"},{"id":83938,"section_number":"58.1-3666","catch_line":"Wetlands and riparian buffers; living shorelines","order_by":null,"url":"\/58.1-3666\/"},{"id":64461,"section_number":"62.1-229.5","catch_line":"Loans for living shorelines","order_by":null,"url":"\/62.1-229.5\/"}],"refers_to":[{"id":59255,"section_number":"28.2-1200","catch_line":"Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common","order_by":null,"url":"\/28.2-1200\/"},{"id":62122,"section_number":"28.2-1300","catch_line":"Definitions","order_by":null,"url":"\/28.2-1300\/"},{"id":87241,"section_number":"28.2-1400","catch_line":"Definitions","order_by":null,"url":"\/28.2-1400\/"}],"permalink":{"id":190621,"object_type":"law","relational_id":64559,"identifier":"28.2-104.1","token":"28.2\/I\/1\/1\/28.2-104.1","url":"\/28.2-104.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-104.1\/","token":"28.2\/I\/1\/1\/28.2-104.1","dublin_core":{"Title":"Living shorelines; development of general permit; guidance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-104.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Living shoreline<\/span>” means a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat<\/span>; and maintains coastal processes through the strategic placement of plants, stone, sand fill, and other structural and organic materials<\/span>. When practicable, a living shoreline<\/span> may enhance coastal resilience and attenuation of wave energy and storm surge.\n\t\t\t“Other structural and organic materials<\/span>” means materials or features that provide added protection or stability for the natural shoreline habitat<\/span> components of a living shoreline<\/span> that attenuate wave energy and do not interfere with natural coastal processes or the natural continuity of the land-water interface. “Other structural and organic materials<\/span>” may be composed of a variety of natural or man-made materials, including rock, concrete, wood fiber, oyster shells, and geotextiles; however, structural features shall be free from contaminants and shall be adequately secured to prevent full or partial dislodging or detachment due to wave action or other natural forces. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span>, in cooperation with the Department of Conservation and Recreation, the Department of Environmental Quality, and local wetlands boards, and with technical assistance from the Virginia Institute of Marine Science, shall establish and implement a general permit regulation that authorizes and encourages the use of living shorelines<\/span> as the preferred alternative for stabilizing tidal shorelines in the Commonwealth. The regulation shall provide for an expedited permit review process for qualifying living shoreline<\/span> projects requiring authorization under Chapters 12 (§ 28.2-1200<\/a> et seq.), 13 (§ 28.2-1300<\/a> et seq.), and 14 (§ 28.2-1400<\/a> et seq.). In developing the general permit, the Commission<\/span> shall consult with the U.S. Army Corps of Engineers to ensure the minimization of conflicts with federal law<\/span> and regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span>, in cooperation with the Department of Conservation and Recreation and with technical assistance from the Virginia Institute of Marine Science, shall develop integrated guidance for the management of tidal shoreline systems to provide a technical basis for the coordination of permit decisions required by any regulatory entity exercising authority over a shoreline management project. The guidance shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Communicate to stakeholders and regulatory authorities that it is the policy of the Commonwealth to support living shorelines<\/span> as the preferred alternative for stabilizing tidal shorelines; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Identify preferred shoreline management approaches for the shoreline types found in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Explain the risks and benefits of protection provided by various shoreline system elements associated with each management option; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Recommend procedures to achieve efficiency and effectiveness by the various regulatory entities exercising authority over a shoreline management project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> shall permit only living shoreline<\/span> approaches to shoreline management unless the best available science shows that such approaches are not suitable. If the best available science shows that a living shoreline<\/span> approach is not suitable, the Commission<\/span> shall require the applicant to incorporate, to the maximum extent possible, elements of living shoreline<\/span> approaches into permitted projects. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIVING SHORELINES; DEVELOPMENT OF GENERAL PERMIT; GUIDANCE (\u00a7 28.2-104.1)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“Living shoreline” means a shoreline management practice that\nprovides erosion control and water quality benefits; protects, restores, or\nenhances natural shoreline habitat; and maintains coastal processes through the\nstrategic placement of plants, stone, sand fill, and other structural and\norganic materials. When practicable, a living shoreline may enhance coastal\nresilience and attenuation of wave energy and storm surge.\n\t\t\t“Other structural and organic materials” means materials or\nfeatures that provide added protection or stability for the natural shoreline\nhabitat components of a living shoreline that attenuate wave energy and do not\ninterfere with natural coastal processes or the natural continuity of the\nland-water interface. “Other structural and organic materials” may\nbe composed of a variety of natural or man-made materials, including rock,\nconcrete, wood fiber, oyster shells, and geotextiles; however, structural\nfeatures shall be free from contaminants and shall be adequately secured to\nprevent full or partial dislodging or detachment due to wave action or other\nnatural forces.\n\nB. The Commission, in cooperation with the Department of Conservation and\nRecreation, the Department of Environmental Quality, and local wetlands boards,\nand with technical assistance from the Virginia Institute of Marine Science,\nshall establish and implement a general permit regulation that authorizes and\nencourages the use of living shorelines as the preferred alternative for\nstabilizing tidal shorelines in the Commonwealth. The regulation shall provide\nfor an expedited permit review process for qualifying living shoreline projects\nrequiring authorization under Chapters 12 (§ 28.2-1200 et seq.), 13 (§\n28.2-1300 et seq.), and 14 (§ 28.2-1400 et seq.). In developing the general\npermit, the Commission shall consult with the U.S. Army Corps of Engineers to\nensure the minimization of conflicts with federal law and regulation.\n\nC. The Commission, in cooperation with the Department of Conservation and\nRecreation and with technical assistance from the Virginia Institute of Marine\nScience, shall develop integrated guidance for the management of tidal shoreline\nsystems to provide a technical basis for the coordination of permit decisions\nrequired by any regulatory entity exercising authority over a shoreline\nmanagement project. The guidance shall:\n\n 1. Communicate to stakeholders and regulatory authorities that it is the\n policy of the Commonwealth to support living shorelines as the preferred\n alternative for stabilizing tidal shorelines;\n\n 2. Identify preferred shoreline management approaches for the shoreline types\n found in the Commonwealth;\n\n 3. Explain the risks and benefits of protection provided by various shoreline\n system elements associated with each management option; and\n\n 4. Recommend procedures to achieve efficiency and effectiveness by the various\n regulatory entities exercising authority over a shoreline management project.\n\nD. The Commission shall permit only living shoreline approaches to shoreline\nmanagement unless the best available science shows that such approaches are not\nsuitable. If the best available science shows that a living shoreline approach\nis not suitable, the Commission shall require the applicant to incorporate, to\nthe maximum extent possible, elements of living shoreline approaches into\npermitted projects.\n\nHISTORY: 2011, c. 885; 2014, cc. 112, 143; 2020, cc. 566, 809; 2022, c. 333.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}