{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1409.html"}],"law_id":64728,"edition_id":1,"section_id":64728,"structure_id":15370,"section_number":"28.2-1409","catch_line":"Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach","history":"1992, c. 836; 2022, c. 235.","full_text":"A\n\nAs used in this section, “emergency” means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would cause immediate and irrevocable harm to the citizens or a portion of the citizenry of the Commonwealth.B\n\nNotwithstanding the provisions of § 28.2-1403, sand grading activities are permitted on coastal primary sand dunes located on the Atlantic Shoreline of the City of Virginia Beach if (i) such activities are otherwise permitted by law, and (ii) the city manager has declared an emergency and issued a permit for such purpose. Such activities may be conducted without advance notice and hearing; however, upon request and after reasonable notice as to time and place, the city manager shall hold a hearing to affirm, modify, amend, or cancel such emergency permit.","order_by":null,"text":{"0":{"id":235580,"text":"As used in this section, “emergency” means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would cause immediate and irrevocable harm to the citizens or a portion of the citizenry of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235581,"text":"Notwithstanding the provisions of § 28.2-1403, sand grading activities are permitted on coastal primary sand dunes located on the Atlantic Shoreline of the City of Virginia Beach if (i) such activities are otherwise permitted by law, and (ii) the city manager has declared an emergency and issued a permit for such purpose. Such activities may be conducted without advance notice and hearing; however, upon request and after reasonable notice as to time and place, the city manager shall hold a hearing to affirm, modify, amend, or cancel such emergency permit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15370,"edition_id":1,"name":"Permits and Review","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13041,"metadata":{},"date_created":"2026-06-26 03:54:24","date_modified":"2026-06-26 03:54:24","permalink":{"id":192119,"object_type":"structure","relational_id":15370,"identifier":"3","token":"28.2\/III\/14\/3","url":"\/28.2\/III\/14\/3\/","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":58538,"structure_id":15370,"section_number":"28.2-1406","catch_line":"Permits required for certain activities; issuance of permits by Commission","url":"\/28.2-1406\/","token":"28.2\/III\/14\/3\/28.2-1406","metadata":false},{"id":67580,"structure_id":15370,"section_number":"28.2-1407","catch_line":"Administrative procedures","url":"\/28.2-1407\/","token":"28.2\/III\/14\/3\/28.2-1407","metadata":false},{"id":63696,"structure_id":15370,"section_number":"28.2-1408","catch_line":"Standards for use of coastal primary sand dunes","url":"\/28.2-1408\/","token":"28.2\/III\/14\/3\/28.2-1408","metadata":false},{"id":85904,"structure_id":15370,"section_number":"28.2-1408.1","catch_line":"Expired","url":"\/28.2-1408.1\/","token":"28.2\/III\/14\/3\/28.2-1408.1","metadata":false},{"id":74069,"structure_id":15370,"section_number":"28.2-1408.2","catch_line":"Exemptions","url":"\/28.2-1408.2\/","token":"28.2\/III\/14\/3\/28.2-1408.2","metadata":false},{"id":64728,"structure_id":15370,"section_number":"28.2-1409","catch_line":"Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach","url":"\/28.2-1409\/","token":"28.2\/III\/14\/3\/28.2-1409","metadata":false},{"id":64063,"structure_id":15370,"section_number":"28.2-1410","catch_line":"Commissioner to review all decisions of wetlands boards","url":"\/28.2-1410\/","token":"28.2\/III\/14\/3\/28.2-1410","metadata":false},{"id":69939,"structure_id":15370,"section_number":"28.2-1411","catch_line":"When Commission to review decision of wetlands board","url":"\/28.2-1411\/","token":"28.2\/III\/14\/3\/28.2-1411","metadata":false},{"id":71075,"structure_id":15370,"section_number":"28.2-1412","catch_line":"Procedure for review; notice of decision","url":"\/28.2-1412\/","token":"28.2\/III\/14\/3\/28.2-1412","metadata":false},{"id":69332,"structure_id":15370,"section_number":"28.2-1413","catch_line":"When Commission to modify, remand or reverse decision of wetlands board","url":"\/28.2-1413\/","token":"28.2\/III\/14\/3\/28.2-1413","metadata":false},{"id":68346,"structure_id":15370,"section_number":"28.2-1414","catch_line":"Time for issuance of permit","url":"\/28.2-1414\/","token":"28.2\/III\/14\/3\/28.2-1414","metadata":false},{"id":73945,"structure_id":15370,"section_number":"28.2-1415","catch_line":"Judicial review","url":"\/28.2-1415\/","token":"28.2\/III\/14\/3\/28.2-1415","metadata":false}],"previous_section":{"id":74069,"structure_id":15370,"section_number":"28.2-1408.2","catch_line":"Exemptions","url":"\/28.2-1408.2\/","token":"28.2\/III\/14\/3\/28.2-1408.2","metadata":false},"next_section":{"id":64063,"structure_id":15370,"section_number":"28.2-1410","catch_line":"Commissioner to review all decisions of wetlands boards","url":"\/28.2-1410\/","token":"28.2\/III\/14\/3\/28.2-1410","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1409\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 836 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 1992 \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 2022, chapter 235<\/a>.<\/p>","references":false,"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":192141,"object_type":"law","relational_id":64728,"identifier":"28.2-1409","token":"28.2\/III\/14\/3\/28.2-1409","url":"\/28.2-1409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1409\/","token":"28.2\/III\/14\/3\/28.2-1409","dublin_core":{"Title":"Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “emergency<\/span>” means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law<\/span> is required because governmental inaction for the period required to amend<\/span> the law<\/span> to meet the exigency would cause immediate and irrevocable harm to the citizens or a portion of the citizenry of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of § 28.2-1403<\/a>, sand grading activities are permitted on coastal primary sand dunes located on the Atlantic Shoreline of the City of Virginia Beach if (i) such activities are otherwise permitted by law<\/span>, and (ii) the city manager has declared an emergency<\/span> and issued a permit for such purpose. Such activities may be conducted without advance notice and hearing<\/span>; however, upon request and after reasonable notice as to time and place, the city manager shall hold a hearing<\/span> to affirm<\/span>, modify, amend<\/span>, or cancel such emergency<\/span> permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY SAND GRADING ACTIVITIES ON SAND DUNES LOCATED ON THE ATLANTIC\nSHORELINE OF VIRGINIA BEACH (\u00a7 28.2-1409)\n\nA. As used in this section, “emergency” means a sudden and\nunforeseeable occurrence or condition of such disastrous severity or magnitude\nthat governmental action beyond that authorized by existing law is required\nbecause governmental inaction for the period required to amend the law to meet\nthe exigency would cause immediate and irrevocable harm to the citizens or a\nportion of the citizenry of the Commonwealth.\n\nB. Notwithstanding the provisions of § 28.2-1403, sand grading activities\nare permitted on coastal primary sand dunes located on the Atlantic Shoreline of\nthe City of Virginia Beach if (i) such activities are otherwise permitted by\nlaw, and (ii) the city manager has declared an emergency and issued a permit for\nsuch purpose. Such activities may be conducted without advance notice and\nhearing; however, upon request and after reasonable notice as to time and place,\nthe city manager shall hold a hearing to affirm, modify, amend, or cancel such\nemergency permit.\n\nHISTORY: 1992, c. 836; 2022, c. 235.","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}}