{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1311.html"}],"law_id":57644,"edition_id":1,"section_id":57644,"structure_id":15028,"section_number":"28.2-1311","catch_line":"When Commission to review decision of wetlands board","history":"1972, c. 711, \u00a7 62.1-13.11; 1992, c. 836.","full_text":"A\n\nThe Commission shall review a decision of a wetlands board when any of the following events occur:1\n\nAn appeal is taken from the decision by the applicant or the county, city, or town where the wetlands are located.2\n\nThe Commissioner requests the review. In order to make the request, the Commissioner shall notify the board, applicant, and the county, city, or town where the wetlands are located within ten days of receiving notice of the board’s decision.3\n\nTwenty-five or more freeholders of property within the county, city, or town in which the proposed project is located sign and submit a petition to the Commission requesting the review. The petition shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under the wetlands zoning ordinance.B\n\nAll requests for review or appeal shall be made within ten days of the date of the board’s decision. The Commission shall hear and decide the review or appeal within forty-five days of receiving the request for review or notice of appeal. A continuance may be granted by the Commission on a motion of the applicant, the freeholders specified in subsection A of this section, or the county, city, or town where the wetlands are located.","order_by":null,"text":{"0":{"id":211199,"text":"The Commission shall review a decision of a wetlands board when any of the following events occur:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":211200,"text":"An appeal is taken from the decision by the applicant or the county, city, or town where the wetlands are located.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":211201,"text":"The Commissioner requests the review. In order to make the request, the Commissioner shall notify the board, applicant, and the county, city, or town where the wetlands are located within ten days of receiving notice of the board’s decision.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":211202,"text":"Twenty-five or more freeholders of property within the county, city, or town in which the proposed project is located sign and submit a petition to the Commission requesting the review. The petition shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under the wetlands zoning ordinance.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":211203,"text":"All requests for review or appeal shall be made within ten days of the date of the board’s decision. The Commission shall hear and decide the review or appeal within forty-five days of receiving the request for review or notice of appeal. A continuance may be granted by the Commission on a motion of the applicant, the freeholders specified in subsection A of this section, or the county, city, or town where the wetlands are located.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1311\/","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 1 time. 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. That modification is as follows: in 1992, chapter 836.<\/p>","references":[{"id":85266,"section_number":"28.2-1315","catch_line":"Judicial review","order_by":null,"url":"\/28.2-1315\/"}],"refers_to":false,"permalink":{"id":192047,"object_type":"law","relational_id":57644,"identifier":"28.2-1311","token":"28.2\/III\/13\/3\/28.2-1311","url":"\/28.2-1311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1311\/","token":"28.2\/III\/13\/3\/28.2-1311","dublin_core":{"Title":"When Commission to review decision of wetlands board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1311","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall review a decision of a wetlands board<\/span> when any of the following events occur: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An appeal<\/span> is taken from the decision by the applicant or the county, city, or town<\/span> where the wetlands are located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commissioner<\/span> requests the review. In order<\/span> to make the request, the Commissioner<\/span> shall notify the board, applicant, and the county, city, or town<\/span> where the wetlands are located within ten days of receiving notice of the board’s decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Twenty-five or more freeholders<\/span> of property within the county, city, or town<\/span> in which the proposed project is located sign and submit a petition<\/span> to the Commission<\/span> requesting the review. The petition<\/span> shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under the wetlands zoning ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All requests for review or appeal shall be made within ten days of the date of the board’s decision. The Commission<\/span> shall hear and decide the review or appeal within forty-five days of receiving the request for review or notice of appeal<\/span>. A continuance<\/span> may be granted by the Commission<\/span> on a motion<\/span> of the applicant, the freeholders<\/span> specified in subsection A of this section, or the county, city, or town<\/span> where the wetlands are located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN COMMISSION TO REVIEW DECISION OF WETLANDS BOARD (\u00a7 28.2-1311)\n\nA. The Commission shall review a decision of a wetlands board when any of the\nfollowing events occur:\n\n 1. An appeal is taken from the decision by the applicant or the county, city,\n or town where the wetlands are located.\n\n 2. The Commissioner requests the review. In order to make the request, the\n Commissioner shall notify the board, applicant, and the county, city, or town\n where the wetlands are located within ten days of receiving notice of the\n board’s decision.\n\n 3. Twenty-five or more freeholders of property within the county, city, or\n town in which the proposed project is located sign and submit a petition to\n the Commission requesting the review. The petition shall indicate those\n specific instances where the petitioners allege that the board failed to\n fulfill its responsibilities under the wetlands zoning ordinance.\n\nB. All requests for review or appeal shall be made within ten days of the date\nof the board’s decision. The Commission shall hear and decide the review\nor appeal within forty-five days of receiving the request for review or notice\nof appeal. A continuance may be granted by the Commission on a motion of the\napplicant, the freeholders specified in subsection A of this section, or the\ncounty, city, or town where the wetlands are located.\n\nHISTORY: 1972, c. 711, \u00a7 62.1-13.11; 1992, c. 836.","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}}