{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1301.html"}],"law_id":64516,"edition_id":1,"section_id":64516,"structure_id":15955,"section_number":"28.2-1301","catch_line":"Powers and duties of the Commission","history":"1972, c. 711, \u00a7\u00a7 62.1-13.1, 62.1-13.4, 62.1-13.17; 1982, c. 300; 1990, c. 811; 1992, c. 836; 1995, c. 850; 2020, c. 809.","full_text":"A\n\nThe Commission may receive gifts, grants, bequests, and devises of wetlands 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. The Commission shall manage any wetlands it receives so as to maximize their ecological value as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title.B\n\nThe Commission shall preserve and prevent the despoliation and destruction of wetlands while accommodating necessary economic development in a manner consistent with wetlands preservation and any standards set by the Commonwealth in addition to those identified in § 28.2-1308 to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards, including guidelines and minimum standards promulgated by the Commission pursuant to subsection C.C\n\nIn order to perform its duties under this section and to assist counties, cities, and towns in regulating wetlands, the Commission shall promulgate and periodically update (i) guidelines that scientifically evaluate vegetated and nonvegetated wetlands by type and describe the consequences of use of these wetlands types and (ii) minimum standards for protection and conservation of wetlands. The Virginia Institute of Marine Science shall provide advice and assistance to the Commission in developing these guidelines and minimum standards by evaluating wetlands by type and continuously maintaining and updating an inventory of vegetated wetlands.D\n\nIn developing guidelines, standards, 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 unique character of the Commonwealth’s tidal wetlands which are essential for the production of marine and inland wildlife, waterfowl, finfish, shellfish and flora; serve as a valuable protective barrier against floods, tidal storms and the erosion of the Commonwealth’s shores and soil; are important for the absorption of silt and pollutants; and are important for recreational and aesthetic enjoyment of the people and for the promotion of tourism, navigation and commerce.","order_by":null,"text":{"0":{"id":234814,"text":"The Commission may receive gifts, grants, bequests, and devises of wetlands 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. The Commission shall manage any wetlands it receives so as to maximize their ecological value as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234815,"text":"The Commission shall preserve and prevent the despoliation and destruction of wetlands while accommodating necessary economic development in a manner consistent with wetlands preservation and any standards set by the Commonwealth in addition to those identified in § 28.2-1308 to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards, including guidelines and minimum standards promulgated by the Commission pursuant to subsection C.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234816,"text":"In order to perform its duties under this section and to assist counties, cities, and towns in regulating wetlands, the Commission shall promulgate and periodically update (i) guidelines that scientifically evaluate vegetated and nonvegetated wetlands by type and describe the consequences of use of these wetlands types and (ii) minimum standards for protection and conservation of wetlands. The Virginia Institute of Marine Science shall provide advice and assistance to the Commission in developing these guidelines and minimum standards by evaluating wetlands by type and continuously maintaining and updating an inventory of vegetated wetlands.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234817,"text":"In developing guidelines, standards, 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 unique character of the Commonwealth’s tidal wetlands which are essential for the production of marine and inland wildlife, waterfowl, finfish, shellfish and flora; serve as a valuable protective barrier against floods, tidal storms and the erosion of the Commonwealth’s shores and soil; are important for the absorption of silt and pollutants; and are important for recreational and aesthetic enjoyment of the people and for the promotion of tourism, navigation and commerce.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15955,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":15027,"metadata":{},"date_created":"2026-06-26 04:02:39","date_modified":"2026-06-26 04:02:39","permalink":{"id":191997,"object_type":"structure","relational_id":15955,"identifier":"1","token":"28.2\/III\/13\/1","url":"\/28.2\/III\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15027,"edition_id":1,"name":"Wetlands","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":13040,"metadata":{},"date_created":"2026-06-26 03:51:35","date_modified":"2026-06-26 03:51:35","permalink":{"id":191995,"object_type":"structure","relational_id":15027,"identifier":"13","token":"28.2\/III\/13","url":"\/28.2\/III\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13040,"edition_id":1,"name":"Habitat","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:44:10","date_modified":"2026-06-26 03:44:10","permalink":{"id":191915,"object_type":"structure","relational_id":13040,"identifier":"III","token":"28.2\/III","url":"\/28.2\/III\/","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":62122,"structure_id":15955,"section_number":"28.2-1300","catch_line":"Definitions","url":"\/28.2-1300\/","token":"28.2\/III\/13\/1\/28.2-1300","metadata":false},{"id":64516,"structure_id":15955,"section_number":"28.2-1301","catch_line":"Powers and duties of the Commission","url":"\/28.2-1301\/","token":"28.2\/III\/13\/1\/28.2-1301","metadata":false}],"previous_section":{"id":62122,"structure_id":15955,"section_number":"28.2-1300","catch_line":"Definitions","url":"\/28.2-1300\/","token":"28.2\/III\/13\/1\/28.2-1300","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1301\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 711 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. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1982, chapter 300; in 1990, chapter 811; in 1992, chapter 836; in 1995, chapter 850<\/a>; in 2020, chapter 809<\/a>.<\/p>","references":[{"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":82717,"section_number":"28.2-1308","catch_line":"Standards for use and development of wetlands; utilization of guidelines","order_by":null,"url":"\/28.2-1308\/"}],"refers_to":[{"id":82717,"section_number":"28.2-1308","catch_line":"Standards for use and development of wetlands; utilization of guidelines","order_by":null,"url":"\/28.2-1308\/"},{"id":56598,"section_number":"28.2-1503","catch_line":"Management of lands","order_by":null,"url":"\/28.2-1503\/"}],"permalink":{"id":192003,"object_type":"law","relational_id":64516,"identifier":"28.2-1301","token":"28.2\/III\/13\/1\/28.2-1301","url":"\/28.2-1301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1301\/","token":"28.2\/III\/13\/1\/28.2-1301","dublin_core":{"Title":"Powers and duties of the Commission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may receive gifts, grants, bequests, and devises of wetlands<\/span> 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. The Commission<\/span> shall manage any wetlands<\/span> it receives so as to maximize their ecological value as provided in Article 2 (§ 28.2-1503<\/a> et seq.) of Chapter 15 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall preserve and prevent the despoliation and destruction of wetlands<\/span> while accommodating necessary economic development in a manner consistent with wetlands<\/span> preservation and any standards set by the Commonwealth in addition to those identified in § 28.2-1308<\/a> to ensure protection of shorelines and sensitive coastal habitats<\/span> from sea level rise and coastal hazards, including guidelines and minimum standards promulgated by the Commission<\/span> pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to perform its duties under this section and to assist counties, cities, and towns in regulating wetlands, the Commission<\/span> shall promulgate and periodically update (i) guidelines that scientifically evaluate vegetated and nonvegetated wetlands<\/span> by type and describe the consequences of use of these wetlands types and (ii) minimum standards for protection and conservation of wetlands. The Virginia Institute of Marine Science shall provide advice and assistance to the Commission<\/span> in developing these guidelines and minimum standards by evaluating wetlands by type and continuously maintaining and updating an inventory of vegetated wetlands<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In developing guidelines, standards, or regulations under this chapter the Commission<\/span> shall consult with all affected state agencies. Consistent with other legal rights, consideration shall be given to the unique character of the Commonwealth’s tidal wetlands which are essential for the production of marine and inland wildlife, waterfowl, finfish, shellfish<\/span> and flora; serve as a valuable protective barrier against floods, tidal storms and the erosion of the Commonwealth’s shores and soil; are important for the absorption of silt and pollutants; and are important for recreational and aesthetic enjoyment of the people and for the promotion of tourism, navigation and commerce. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE COMMISSION (\u00a7 28.2-1301)\n\nA. The Commission may receive gifts, grants, bequests, and devises of wetlands\nand money which shall be held for the uses prescribed by the donor, grantor, or\ntestator and in accordance with the provisions of this chapter. The Commission\nshall manage any wetlands it receives so as to maximize their ecological value\nas provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title.\n\nB. The Commission shall preserve and prevent the despoliation and destruction of\nwetlands while accommodating necessary economic development in a manner\nconsistent with wetlands preservation and any standards set by the Commonwealth\nin addition to those identified in § 28.2-1308 to ensure protection of\nshorelines and sensitive coastal habitats from sea level rise and coastal\nhazards, including guidelines and minimum standards promulgated by the\nCommission pursuant to subsection C.\n\nC. In order to perform its duties under this section and to assist counties,\ncities, and towns in regulating wetlands, the Commission shall promulgate and\nperiodically update (i) guidelines that scientifically evaluate vegetated and\nnonvegetated wetlands by type and describe the consequences of use of these\nwetlands types and (ii) minimum standards for protection and conservation of\nwetlands. The Virginia Institute of Marine Science shall provide advice and\nassistance to the Commission in developing these guidelines and minimum\nstandards by evaluating wetlands by type and continuously maintaining and\nupdating an inventory of vegetated wetlands.\n\nD. In developing guidelines, standards, or regulations under this chapter the\nCommission shall consult with all affected state agencies. Consistent with other\nlegal rights, consideration shall be given to the unique character of the\nCommonwealth’s tidal wetlands which are essential for the production of\nmarine and inland wildlife, waterfowl, finfish, shellfish and flora; serve as a\nvaluable protective barrier against floods, tidal storms and the erosion of the\nCommonwealth’s shores and soil; are important for the absorption of silt\nand pollutants; and are important for recreational and aesthetic enjoyment of\nthe people and for the promotion of tourism, navigation and commerce.\n\nHISTORY: 1972, c. 711, \u00a7\u00a7 62.1-13.1, 62.1-13.4, 62.1-13.17; 1982, c. 300;\n1990, c. 811; 1992, c. 836; 1995, c. 850; 2020, c. 809.","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}}