{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1303.html"}],"law_id":75165,"edition_id":1,"section_id":75165,"structure_id":15898,"section_number":"28.2-1303","catch_line":"Appointment, terms, compensation, etc., of local wetlands boards; jurisdiction of county wetlands board over wetlands in town","history":"1972, c. 711, \u00a7\u00a7 62.1-13.6, 62.1-13.8; 1977, c. 15; 1978, c. 585; 1982, cc. 300, 446; 1983, c. 87; 1987, c. 62; 1992, c. 836; 2004, c. 277; 2005, c. 104; 2006, c. 687.","full_text":"A\n\nEvery county, city, or town that enacts a wetlands zoning ordinance pursuant to this chapter shall create a wetlands board, consisting of five or seven residents of that jurisdiction appointed by the local governing body. All board members’ terms shall be for five years, except that the term of at least one of the original appointments shall expire during each of the succeeding five years. The chairman of the board shall notify the local governing body at least 30 days prior to the expiration of any member’s term and shall promptly notify the local governing body if any vacancy occurs. Vacancies shall be filled by the local governing body without delay upon receipt of such notice. Appointments to fill vacancies shall be for the unexpired portion of the term. Members may serve successive terms. A member whose term expires shall continue to serve until his successor is appointed and qualified. Members of the board shall hold no public office in the county or city other than membership on the local planning or zoning commission, the local erosion commission, the local board of zoning appeals, a board established by a local government to hear cases regarding ordinances adopted pursuant to the Chesapeake Bay Preservation Act and regulations promulgated thereunder, or as director of a soil and water conservation board. When members of these local commissions or boards are appointed to a local wetlands board, their terms of appointment shall be coterminous with their membership on those boards or commissions. The governing body shall also appoint at least one but not more than three alternate members to the board. The qualifications, terms, and compensation of alternate members shall be the same as those of members. Any member who knows that he will not be able to attend a board meeting shall notify the chairman at least 24 hours in advance of such meeting. The chairman shall select an alternate member to serve in place of the absent member at the board meeting, which shall be noted in the records of the board.B\n\nUpon a hearing with at least 15 days’ notice thereof, any board member may be removed for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, by the local governing body. Notwithstanding the foregoing provisions, a member of a local wetlands board may be removed from office by the local governing body without limitation in the event that the board member is absent from any three consecutive meetings of the board, or is absent from any four meetings of the board within any 12-month period. In either such event, a successor shall be appointed by the governing body for the unexpired portion of the term of the member who has been removed.C\n\nIf a town does not enact a wetlands zoning ordinance within one year of its enactment by the surrounding county, application for permits to use and develop wetlands within the town shall be made to the county wetlands board.D\n\nAny county, city, or town that creates a local wetlands board pursuant to this section may compensate the members of the board in accordance with such terms and conditions as the locality may prescribe.E\n\nNotwithstanding any other provision of this section, the Town of Dumfries in Prince William County may enact a wetlands zoning ordinance pursuant to the provisions of this chapter.","order_by":null,"text":{"0":{"id":269919,"text":"Every county, city, or town that enacts a wetlands zoning ordinance pursuant to this chapter shall create a wetlands board, consisting of five or seven residents of that jurisdiction appointed by the local governing body. All board members’ terms shall be for five years, except that the term of at least one of the original appointments shall expire during each of the succeeding five years. The chairman of the board shall notify the local governing body at least 30 days prior to the expiration of any member’s term and shall promptly notify the local governing body if any vacancy occurs. Vacancies shall be filled by the local governing body without delay upon receipt of such notice. Appointments to fill vacancies shall be for the unexpired portion of the term. Members may serve successive terms. A member whose term expires shall continue to serve until his successor is appointed and qualified. Members of the board shall hold no public office in the county or city other than membership on the local planning or zoning commission, the local erosion commission, the local board of zoning appeals, a board established by a local government to hear cases regarding ordinances adopted pursuant to the Chesapeake Bay Preservation Act and regulations promulgated thereunder, or as director of a soil and water conservation board. When members of these local commissions or boards are appointed to a local wetlands board, their terms of appointment shall be coterminous with their membership on those boards or commissions. The governing body shall also appoint at least one but not more than three alternate members to the board. The qualifications, terms, and compensation of alternate members shall be the same as those of members. Any member who knows that he will not be able to attend a board meeting shall notify the chairman at least 24 hours in advance of such meeting. The chairman shall select an alternate member to serve in place of the absent member at the board meeting, which shall be noted in the records of the board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269920,"text":"Upon a hearing with at least 15 days’ notice thereof, any board member may be removed for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, by the local governing body. Notwithstanding the foregoing provisions, a member of a local wetlands board may be removed from office by the local governing body without limitation in the event that the board member is absent from any three consecutive meetings of the board, or is absent from any four meetings of the board within any 12-month period. In either such event, a successor shall be appointed by the governing body for the unexpired portion of the term of the member who has been removed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269921,"text":"If a town does not enact a wetlands zoning ordinance within one year of its enactment by the surrounding county, application for permits to use and develop wetlands within the town shall be made to the county wetlands board.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269922,"text":"Any county, city, or town that creates a local wetlands board pursuant to this section may compensate the members of the board in accordance with such terms and conditions as the locality may prescribe.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":269923,"text":"Notwithstanding any other provision of this section, the Town of Dumfries in Prince William County may enact a wetlands zoning ordinance pursuant to the provisions of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15898,"edition_id":1,"name":"Wetlands Zoning Ordinance and Wetlands Boards","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":15027,"metadata":{},"date_created":"2026-06-26 04:01:28","date_modified":"2026-06-26 04:01:28","permalink":{"id":192007,"object_type":"structure","relational_id":15898,"identifier":"2","token":"28.2\/III\/13\/2","url":"\/28.2\/III\/13\/2\/","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":62624,"structure_id":15898,"section_number":"28.2-1302","catch_line":"Adoption of wetlands zoning ordinance; terms of ordinance","url":"\/28.2-1302\/","token":"28.2\/III\/13\/2\/28.2-1302","metadata":false},{"id":75165,"structure_id":15898,"section_number":"28.2-1303","catch_line":"Appointment, terms, compensation, etc., of local wetlands boards; jurisdiction of county wetlands board over wetlands in town","url":"\/28.2-1303\/","token":"28.2\/III\/13\/2\/28.2-1303","metadata":false},{"id":83826,"structure_id":15898,"section_number":"28.2-1304","catch_line":"Officers, meetings, rules, etc., of wetlands boards; records and reports","url":"\/28.2-1304\/","token":"28.2\/III\/13\/2\/28.2-1304","metadata":false},{"id":61607,"structure_id":15898,"section_number":"28.2-1305","catch_line":"Local governing body to supply meeting space and services for wetlands board","url":"\/28.2-1305\/","token":"28.2\/III\/13\/2\/28.2-1305","metadata":false}],"previous_section":{"id":62624,"structure_id":15898,"section_number":"28.2-1302","catch_line":"Adoption of wetlands zoning ordinance; terms of ordinance","url":"\/28.2-1302\/","token":"28.2\/III\/13\/2\/28.2-1302","metadata":false},"next_section":{"id":83826,"structure_id":15898,"section_number":"28.2-1304","catch_line":"Officers, meetings, rules, etc., of wetlands boards; records and reports","url":"\/28.2-1304\/","token":"28.2\/III\/13\/2\/28.2-1304","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1303\/","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 9 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 1977, chapter 15; in 1978, chapter 585; in 1982, chapters 300 and 446; in 1983, chapter 87; in 1987, chapter 62; in 1992, chapter 836; in 2004, chapter 277<\/a>; in 2005, chapter 104<\/a>; in 2006, chapter 687<\/a>.<\/p>","references":[{"id":62122,"section_number":"28.2-1300","catch_line":"Definitions","order_by":null,"url":"\/28.2-1300\/"},{"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":57296,"section_number":"28.2-1306","catch_line":"Permits required for certain activities; issuance of permits by Commission","order_by":null,"url":"\/28.2-1306\/"},{"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\/"}],"refers_to":false,"permalink":{"id":192013,"object_type":"law","relational_id":75165,"identifier":"28.2-1303","token":"28.2\/III\/13\/2\/28.2-1303","url":"\/28.2-1303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1303\/","token":"28.2\/III\/13\/2\/28.2-1303","dublin_core":{"Title":"Appointment, terms, compensation, etc., of local wetlands boards; jurisdiction of county wetlands board over wetlands in town","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every county, city, or town<\/span> that enacts a wetlands zoning ordinance<\/span> pursuant to this chapter shall create a wetlands board<\/span>, consisting of five or seven residents of that jurisdiction<\/span> appointed by the local governing body. All board members’ terms shall be for five years, except that the term of at least one of the original appointments shall expire during each of the succeeding five years. The chairman of the board shall notify the local governing body at least 30 days prior to the expiration of any member’s term and shall promptly notify the local governing body if any vacancy occurs. Vacancies shall be filled by the local governing body without delay upon receipt of such notice. Appointments to fill vacancies shall be for the unexpired portion of the term. Members may serve successive terms. A member whose term expires shall continue to serve until his successor is appointed and qualified. Members of the board shall hold no public office in the county or city other than membership on the local planning or zoning commission<\/span>, the local erosion commission<\/span>, the local board of zoning appeals<\/span>, a board established by a local government to hear cases regarding ordinances<\/span> adopted pursuant to the Chesapeake Bay Preservation Act and regulations promulgated thereunder, or as director of a soil and water conservation board. When members of these local commissions<\/span> or boards<\/span> are appointed to a local wetlands board<\/span>, their terms of appointment shall be coterminous with their membership on those boards<\/span> or commissions<\/span>. The governing body shall also appoint at least one but not more than three alternate members to the board. The qualifications, terms, and compensation of alternate members shall be the same as those of members. Any member who knows that he will not be able to attend a board meeting shall notify the chairman at least 24 hours in advance of such meeting. The chairman shall select an alternate member to serve in place of the absent member at the board meeting, which shall be noted in the records of the board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon a hearing<\/span> with at least 15 days’ notice thereof, any board member may be removed for malfeasance, misfeasance, or nonfeasance in office, or for other just cause, by the local governing body. Notwithstanding the foregoing provisions, a member of a local wetlands board<\/span> may be removed from office by the local governing body without limitation in the event that the board member is absent from any three consecutive meetings of the board, or is absent from any four meetings of the board within any 12-month period. In either such event, a successor shall be appointed by the governing body for the unexpired portion of the term of the member who has been removed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a town does not enact a wetlands zoning ordinance<\/span> within one year of its enactment by the surrounding county, application for permits to use and develop wetlands within the town shall be made to the county wetlands board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any county, city, or town<\/span> that creates a local wetlands board<\/span> pursuant to this section may compensate the members of the board in accordance with such terms and conditions as the locality may prescribe. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of this section, the Town of Dumfries in Prince William County may enact a wetlands zoning ordinance<\/span> pursuant to the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT, TERMS, COMPENSATION, ETC., OF LOCAL WETLANDS BOARDS; JURISDICTION\nOF COUNTY WETLANDS BOARD OVER WETLANDS IN TOWN (\u00a7 28.2-1303)\n\nA. Every county, city, or town that enacts a wetlands zoning ordinance pursuant\nto this chapter shall create a wetlands board, consisting of five or seven\nresidents of that jurisdiction appointed by the local governing body. All board\nmembers’ terms shall be for five years, except that the term of at least\none of the original appointments shall expire during each of the succeeding five\nyears. The chairman of the board shall notify the local governing body at least\n30 days prior to the expiration of any member’s term and shall promptly\nnotify the local governing body if any vacancy occurs. Vacancies shall be filled\nby the local governing body without delay upon receipt of such notice.\nAppointments to fill vacancies shall be for the unexpired portion of the term.\nMembers may serve successive terms. A member whose term expires shall continue\nto serve until his successor is appointed and qualified. Members of the board\nshall hold no public office in the county or city other than membership on the\nlocal planning or zoning commission, the local erosion commission, the local\nboard of zoning appeals, a board established by a local government to hear cases\nregarding ordinances adopted pursuant to the Chesapeake Bay Preservation Act and\nregulations promulgated thereunder, or as director of a soil and water\nconservation board. When members of these local commissions or boards are\nappointed to a local wetlands board, their terms of appointment shall be\ncoterminous with their membership on those boards or commissions. The governing\nbody shall also appoint at least one but not more than three alternate members\nto the board. The qualifications, terms, and compensation of alternate members\nshall be the same as those of members. Any member who knows that he will not be\nable to attend a board meeting shall notify the chairman at least 24 hours in\nadvance of such meeting. The chairman shall select an alternate member to serve\nin place of the absent member at the board meeting, which shall be noted in the\nrecords of the board.\n\nB. Upon a hearing with at least 15 days’ notice thereof, any board member\nmay be removed for malfeasance, misfeasance, or nonfeasance in office, or for\nother just cause, by the local governing body. Notwithstanding the foregoing\nprovisions, a member of a local wetlands board may be removed from office by the\nlocal governing body without limitation in the event that the board member is\nabsent from any three consecutive meetings of the board, or is absent from any\nfour meetings of the board within any 12-month period. In either such event, a\nsuccessor shall be appointed by the governing body for the unexpired portion of\nthe term of the member who has been removed.\n\nC. If a town does not enact a wetlands zoning ordinance within one year of its\nenactment by the surrounding county, application for permits to use and develop\nwetlands within the town shall be made to the county wetlands board.\n\nD. Any county, city, or town that creates a local wetlands board pursuant to\nthis section may compensate the members of the board in accordance with such\nterms and conditions as the locality may prescribe.\n\nE. Notwithstanding any other provision of this section, the Town of Dumfries in\nPrince William County may enact a wetlands zoning ordinance pursuant to the\nprovisions of this chapter.\n\nHISTORY: 1972, c. 711, \u00a7\u00a7 62.1-13.6, 62.1-13.8; 1977, c. 15; 1978, c. 585;\n1982, cc. 300, 446; 1983, c. 87; 1987, c. 62; 1992, c. 836; 2004, c. 277; 2005,\nc. 104; 2006, c. 687.","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}}