{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1306.html"}],"law_id":57296,"edition_id":1,"section_id":57296,"structure_id":15028,"section_number":"28.2-1306","catch_line":"Permits required for certain activities; issuance of permits by Commission","history":"1972, c. 711, \u00a7\u00a7 62.1-13.5, 62.1-13.9; 1973, cc. 382, 388; 1975, c. 268; 1979, c. 418; 1982, c. 300; 1985, c. 541; 1988, c. 587; 1989, c. 360; 1992, c. 836; 1994, c. 125.","full_text":"A\n\nIt shall be unlawful for any person to conduct any activity which would require a permit under a wetlands zoning ordinance without such a permit. Until the county, city, or town in which a person proposes to conduct an activity which would require a permit under a wetlands zoning ordinance adopts the wetlands zoning ordinance, the person shall apply for a permit directly to the Commission, except as provided in subsection C of § 28.2-1303. If an applicant desires to use or develop wetlands owned by the Commonwealth, he shall apply for a permit directly to the Commission, and in addition to the application fee required by the wetlands zoning ordinance, he shall pay those fees and royalties assessed under § 28.2-1206.B\n\nUpon notification by any county, city, or town that it has adopted the wetlands zoning ordinance, the Commission shall immediately forward to that jurisdiction’s wetlands board any pending permit application over which that board would have had jurisdiction if the ordinance had been in effect at the time the application was filed. However, if requested by the applicant, the application shall remain within the Commission’s jurisdiction.C\n\nThe Commission shall process permit applications in accordance with the provisions of the wetlands zoning ordinance and the Commissioner, or his authorized representative, shall sign such permit; however, the Commission may designate one or more hearing officers who may, in lieu of the Commission, conduct public hearings as required under § 28.2-1302, and thereafter report their findings and recommendations to the Commission.","order_by":null,"text":{"0":{"id":209856,"text":"It shall be unlawful for any person to conduct any activity which would require a permit under a wetlands zoning ordinance without such a permit. Until the county, city, or town in which a person proposes to conduct an activity which would require a permit under a wetlands zoning ordinance adopts the wetlands zoning ordinance, the person shall apply for a permit directly to the Commission, except as provided in subsection C of § 28.2-1303. If an applicant desires to use or develop wetlands owned by the Commonwealth, he shall apply for a permit directly to the Commission, and in addition to the application fee required by the wetlands zoning ordinance, he shall pay those fees and royalties assessed under § 28.2-1206.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209857,"text":"Upon notification by any county, city, or town that it has adopted the wetlands zoning ordinance, the Commission shall immediately forward to that jurisdiction’s wetlands board any pending permit application over which that board would have had jurisdiction if the ordinance had been in effect at the time the application was filed. However, if requested by the applicant, the application shall remain within the Commission’s jurisdiction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209858,"text":"The Commission shall process permit applications in accordance with the provisions of the wetlands zoning ordinance and the Commissioner, or his authorized representative, shall sign such permit; however, the Commission may designate one or more hearing officers who may, in lieu of the Commission, conduct public hearings as required under § 28.2-1302, and thereafter report their findings and recommendations to the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15028,"edition_id":1,"name":"Permits and Review","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":15027,"metadata":{},"date_created":"2026-06-26 03:51:35","date_modified":"2026-06-26 03:51:35","permalink":{"id":192025,"object_type":"structure","relational_id":15028,"identifier":"3","token":"28.2\/III\/13\/3","url":"\/28.2\/III\/13\/3\/","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":57296,"structure_id":15028,"section_number":"28.2-1306","catch_line":"Permits required for certain activities; issuance of permits by Commission","url":"\/28.2-1306\/","token":"28.2\/III\/13\/3\/28.2-1306","metadata":false},{"id":85775,"structure_id":15028,"section_number":"28.2-1307","catch_line":"Expedited permits; administrative procedures","url":"\/28.2-1307\/","token":"28.2\/III\/13\/3\/28.2-1307","metadata":false},{"id":82717,"structure_id":15028,"section_number":"28.2-1308","catch_line":"Standards for use and development of wetlands; utilization of guidelines","url":"\/28.2-1308\/","token":"28.2\/III\/13\/3\/28.2-1308","metadata":false},{"id":57529,"structure_id":15028,"section_number":"28.2-1309","catch_line":"Emergency sand grading activities on nonvegetated wetlands located on the Atlantic Shoreline of Virginia Beach","url":"\/28.2-1309\/","token":"28.2\/III\/13\/3\/28.2-1309","metadata":false},{"id":65998,"structure_id":15028,"section_number":"28.2-1310","catch_line":"Commissioner to review all decisions of wetlands boards","url":"\/28.2-1310\/","token":"28.2\/III\/13\/3\/28.2-1310","metadata":false},{"id":57644,"structure_id":15028,"section_number":"28.2-1311","catch_line":"When Commission to review decision of wetlands board","url":"\/28.2-1311\/","token":"28.2\/III\/13\/3\/28.2-1311","metadata":false},{"id":78775,"structure_id":15028,"section_number":"28.2-1312","catch_line":"Procedure for review; notice of decision","url":"\/28.2-1312\/","token":"28.2\/III\/13\/3\/28.2-1312","metadata":false},{"id":59920,"structure_id":15028,"section_number":"28.2-1313","catch_line":"When Commission to modify, remand, or reverse decision of wetlands board","url":"\/28.2-1313\/","token":"28.2\/III\/13\/3\/28.2-1313","metadata":false},{"id":82110,"structure_id":15028,"section_number":"28.2-1314","catch_line":"Time for issuance of permit","url":"\/28.2-1314\/","token":"28.2\/III\/13\/3\/28.2-1314","metadata":false},{"id":85266,"structure_id":15028,"section_number":"28.2-1315","catch_line":"Judicial review","url":"\/28.2-1315\/","token":"28.2\/III\/13\/3\/28.2-1315","metadata":false}],"next_section":{"id":85775,"structure_id":15028,"section_number":"28.2-1307","catch_line":"Expedited permits; administrative procedures","url":"\/28.2-1307\/","token":"28.2\/III\/13\/3\/28.2-1307","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1306\/","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 1973, chapters 382 and 388; in 1975, chapter 268; in 1979, chapter 418; in 1982, chapter 300; in 1985, chapter 541; in 1988, chapter 587; in 1989, chapter 360; in 1992, chapter 836; in 1994, chapter 125<\/a>.<\/p>","references":false,"refers_to":[{"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":75165,"section_number":"28.2-1303","catch_line":"Appointment, terms, compensation, etc., of local wetlands boards; jurisdiction of county wetlands board over wetlands in town","order_by":null,"url":"\/28.2-1303\/"}],"permalink":{"id":192027,"object_type":"law","relational_id":57296,"identifier":"28.2-1306","token":"28.2\/III\/13\/3\/28.2-1306","url":"\/28.2-1306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1306\/","token":"28.2\/III\/13\/3\/28.2-1306","dublin_core":{"Title":"Permits required for certain activities; issuance of permits by Commission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person to conduct any activity which would require a permit under a wetlands zoning ordinance<\/span> without such a permit. Until the county, city, or town<\/span> in which a person proposes to conduct an activity which would require a permit under a wetlands zoning ordinance<\/span> adopts the wetlands zoning ordinance<\/span>, the person shall apply for a permit directly to the Commission<\/span>, except as provided in subsection C of § 28.2-1303<\/a>. If an applicant desires to use or develop wetlands owned by the Commonwealth, he shall apply for a permit directly to the Commission<\/span>, and in addition to the application fee required by the wetlands zoning ordinance<\/span>, he shall pay those fees and royalties assessed under § 28.2-1206<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon notification by any county, city, or town<\/span> that it has adopted the wetlands zoning ordinance<\/span>, the Commission<\/span> shall immediately forward to that jurisdiction<\/span>’s wetlands board<\/span> any pending permit application over which that board would have had jurisdiction<\/span> if the ordinance had been in effect at the time the application was filed. However, if requested by the applicant, the application shall remain within the Commission<\/span>’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall process permit applications in accordance with the provisions of the wetlands zoning ordinance<\/span> and the Commissioner<\/span>, or his authorized representative, shall sign such permit; however, the Commission<\/span> may designate one or more hearing<\/span> officers<\/span> who may, in lieu of the Commission<\/span>, conduct public hearings<\/span> as required under § 28.2-1302<\/a>, and thereafter report their findings<\/span> and recommendations to the Commission<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMITS REQUIRED FOR CERTAIN ACTIVITIES; ISSUANCE OF PERMITS BY COMMISSION (\u00a7\n28.2-1306)\n\nA. It shall be unlawful for any person to conduct any activity which would\nrequire a permit under a wetlands zoning ordinance without such a permit. Until\nthe county, city, or town in which a person proposes to conduct an activity\nwhich would require a permit under a wetlands zoning ordinance adopts the\nwetlands zoning ordinance, the person shall apply for a permit directly to the\nCommission, except as provided in subsection C of § 28.2-1303. If an\napplicant desires to use or develop wetlands owned by the Commonwealth, he shall\napply for a permit directly to the Commission, and in addition to the\napplication fee required by the wetlands zoning ordinance, he shall pay those\nfees and royalties assessed under § 28.2-1206.\n\nB. Upon notification by any county, city, or town that it has adopted the\nwetlands zoning ordinance, the Commission shall immediately forward to that\njurisdiction’s wetlands board any pending permit application over which\nthat board would have had jurisdiction if the ordinance had been in effect at\nthe time the application was filed. However, if requested by the applicant, the\napplication shall remain within the Commission’s jurisdiction.\n\nC. The Commission shall process permit applications in accordance with the\nprovisions of the wetlands zoning ordinance and the Commissioner, or his\nauthorized representative, shall sign such permit; however, the Commission may\ndesignate one or more hearing officers who may, in lieu of the Commission,\nconduct public hearings as required under § 28.2-1302, and thereafter\nreport their findings and recommendations to the Commission.\n\nHISTORY: 1972, c. 711, \u00a7\u00a7 62.1-13.5, 62.1-13.9; 1973, cc. 382, 388; 1975, c.\n268; 1979, c. 418; 1982, c. 300; 1985, c. 541; 1988, c. 587; 1989, c. 360; 1992,\nc. 836; 1994, c. 125.","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}}