{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1400.html"}],"law_id":87241,"edition_id":1,"section_id":87241,"structure_id":16372,"section_number":"28.2-1400","catch_line":"Definitions","history":"1980, c. 660, \u00a7\u00a7 62.1-13.21, 62.1-13.22; 1984, c. 556; 1985, c. 589; 1987, c. 499; 1989, c. 342; 1992, c. 836; 1994, c. 112; 1998, c. 160; 2008, c. 20.","full_text":"A\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t“Beach” means the shoreline zone comprised of unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), or the nearest impermeable man-made structure, such as a bulkhead, revetment, or paved road.\n\t\t\t“Coastal primary sand dune” or “dune” means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens); Japanese sedge or Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon virginicus); and short dune grass (Panicum amarum). For purposes of this chapter, “coastal primary sand dune” or “dune” shall not include any mound of sand, sandy soil, or dredge spoil deposited by any person for the purpose of temporary storage, beach replenishment or beach nourishment, nor shall the slopes of any such mound be used to determine the landward or lateral limits of a coastal primary sand dune.\n\t\t\t“Coastal primary sand dune zoning ordinance” means the ordinance set forth in § 28.2-1403.\n\t\t\t“County, city or town” means the governing body of the county, city or town.\n\t\t\t“Governmental activity” means any of the services provided by Commonwealth or a county, city or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings.\n\t\t\t“Wetlands board” or “board” means the board created pursuant to § 28.2-1303.B\n\nAlthough separately defined in subsection A of this section, the terms “coastal primary sand dune,” “dune,” and “beach,” when used in this chapter, shall be interchangeable.","order_by":null,"text":{"0":{"id":312406,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Beach” means the shoreline zone comprised of unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), or the nearest impermeable man-made structure, such as a bulkhead, revetment, or paved road.\n\t\t\t“Coastal primary sand dune” or “dune” means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens); Japanese sedge or Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon virginicus); and short dune grass (Panicum amarum). For purposes of this chapter, “coastal primary sand dune” or “dune” shall not include any mound of sand, sandy soil, or dredge spoil deposited by any person for the purpose of temporary storage, beach replenishment or beach nourishment, nor shall the slopes of any such mound be used to determine the landward or lateral limits of a coastal primary sand dune.\n\t\t\t“Coastal primary sand dune zoning ordinance” means the ordinance set forth in § 28.2-1403.\n\t\t\t“County, city or town” means the governing body of the county, city or town.\n\t\t\t“Governmental activity” means any of the services provided by Commonwealth or a county, city or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings.\n\t\t\t“Wetlands board” or “board” means the board created pursuant to § 28.2-1303.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312407,"text":"Although separately defined in subsection A of this section, the terms “coastal primary sand dune,” “dune,” and “beach,” when used in this chapter, shall be interchangeable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16372,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13041,"metadata":{},"date_created":"2026-06-26 04:15:28","date_modified":"2026-06-26 04:15:28","permalink":{"id":192091,"object_type":"structure","relational_id":16372,"identifier":"1","token":"28.2\/III\/14\/1","url":"\/28.2\/III\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13041,"edition_id":1,"name":"Coastal Primary Sand Dunes and Beaches","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":13040,"metadata":{},"date_created":"2026-06-26 03:44:10","date_modified":"2026-06-26 03:44:10","permalink":{"id":192089,"object_type":"structure","relational_id":13041,"identifier":"14","token":"28.2\/III\/14","url":"\/28.2\/III\/14\/","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":87241,"structure_id":16372,"section_number":"28.2-1400","catch_line":"Definitions","url":"\/28.2-1400\/","token":"28.2\/III\/14\/1\/28.2-1400","metadata":false},{"id":67432,"structure_id":16372,"section_number":"28.2-1401","catch_line":"Powers and duties of Commission","url":"\/28.2-1401\/","token":"28.2\/III\/14\/1\/28.2-1401","metadata":false},{"id":87136,"structure_id":16372,"section_number":"28.2-1402","catch_line":"Expired","url":"\/28.2-1402\/","token":"28.2\/III\/14\/1\/28.2-1402","metadata":false}],"next_section":{"id":67432,"structure_id":16372,"section_number":"28.2-1401","catch_line":"Powers and duties of Commission","url":"\/28.2-1401\/","token":"28.2\/III\/14\/1\/28.2-1401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1400\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 660 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 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1984, chapter 556; in 1985, chapter 589; in 1987, chapter 499; in 1989, chapter 342; in 1992, chapter 836; in 1994, chapter 112<\/a>; in 1998, chapter 160<\/a>; in 2008, chapter 20<\/a>.<\/p>","references":[{"id":64559,"section_number":"28.2-104.1","catch_line":"Living shorelines; development of general permit; guidance","order_by":null,"url":"\/28.2-104.1\/"},{"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":66330,"section_number":"28.2-1500","catch_line":"Definitions","order_by":null,"url":"\/28.2-1500\/"}],"refers_to":[{"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\/"}],"permalink":{"id":192093,"object_type":"law","relational_id":87241,"identifier":"28.2-1400","token":"28.2\/III\/14\/1\/28.2-1400","url":"\/28.2-1400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1400\/","token":"28.2\/III\/14\/1\/28.2-1400","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Beach<\/span>” means the shoreline zone comprised of unconsolidated sandy material<\/span> upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition<\/span> that extends from the low water line landward to where there is a marked change in either material<\/span> composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), or the nearest impermeable man-made structure, such as a bulkhead, revetment, or paved road.\n\t\t\t“Coastal primary sand dune<\/span>” or “dune” means a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach<\/span> grass (Ammophila breviligulata); beach<\/span> heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens); Japanese sedge or Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon virginicus); and short dune grass (Panicum amarum). For purposes of this chapter, “coastal primary sand dune<\/span>” or “dune” shall not include any mound of sand, sandy soil, or dredge spoil deposited by any person for the purpose of temporary storage, beach<\/span> replenishment or beach<\/span> nourishment, nor shall the slopes of any such mound be used to determine the landward or lateral limits of a coastal primary sand dune<\/span>.\n\t\t\t“Coastal primary sand dune<\/span> zoning ordinance<\/span>” means the ordinance set forth in § 28.2-1403<\/a>.\n\t\t\t“County, city or town<\/span>” means the governing body of the county, city or town<\/span>.\n\t\t\t“Governmental activity<\/span>” means any of the services provided by Commonwealth or a county, city or town<\/span> to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings.\n\t\t\t“Wetlands board<\/span>” or “board” means the board created pursuant to § 28.2-1303<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Although separately defined in subsection A of this section, the terms “coastal primary sand dune<\/span>,” “dune,” and “beach<\/span>,” when used in this chapter, shall be interchangeable. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 28.2-1400)\n\nA. As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Beach” means the shoreline zone comprised of unconsolidated\nsandy material upon which there is a mutual interaction of the forces of\nerosion, sediment transport and deposition that extends from the low water line\nlandward to where there is a marked change in either material composition or\nphysiographic form such as a dune, bluff, or marsh, or where no such change can\nbe identified, to the line of woody vegetation (usually the effective limit of\nstormwaves), or the nearest impermeable man-made structure, such as a bulkhead,\nrevetment, or paved road.\n\t\t\t“Coastal primary sand dune” or “dune” means a mound\nof unconsolidated sandy soil which is contiguous to mean high water, whose\nlandward and lateral limits are marked by a change in grade from ten percent or\ngreater to less than ten percent, and upon which is growing any of the following\nspecies: American beach grass (Ammophila breviligulata); beach heather (Hudsonia\ntomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia\nstelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya\npeploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside\ngoldenrod (Solidago sempervirens); Japanese sedge or Asiatic sand sedge (Carex\nkobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon\nvirginicus); and short dune grass (Panicum amarum). For purposes of this\nchapter, “coastal primary sand dune” or “dune” shall not\ninclude any mound of sand, sandy soil, or dredge spoil deposited by any person\nfor the purpose of temporary storage, beach replenishment or beach nourishment,\nnor shall the slopes of any such mound be used to determine the landward or\nlateral limits of a coastal primary sand dune.\n\t\t\t“Coastal primary sand dune zoning ordinance” means the ordinance\nset forth in § 28.2-1403.\n\t\t\t“County, city or town” means the governing body of the county,\ncity or town.\n\t\t\t“Governmental activity” means any of the services provided by\nCommonwealth or a county, city or town to its citizens for the purpose of\nmaintaining public facilities, including but not limited to, such services as\nconstructing, repairing and maintaining roads; providing street lights and\nsewage facilities; supplying and treating water; and constructing public\nbuildings.\n\t\t\t“Wetlands board” or “board” means the board created\npursuant to § 28.2-1303.\n\nB. Although separately defined in subsection A of this section, the terms\n“coastal primary sand dune,” “dune,” and\n“beach,” when used in this chapter, shall be interchangeable.\n\nHISTORY: 1980, c. 660, \u00a7\u00a7 62.1-13.21, 62.1-13.22; 1984, c. 556; 1985, c. 589;\n1987, c. 499; 1989, c. 342; 1992, c. 836; 1994, c. 112; 1998, c. 160; 2008, c.\n20.","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}}