{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1412.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1412.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1412.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1412.html"}],"law_id":71075,"edition_id":1,"section_id":71075,"structure_id":15370,"section_number":"28.2-1412","catch_line":"Procedure for review; notice of decision","history":"1992, c. 836; 1994, c. 112.","full_text":"A\n\nThe Commissioner shall cause notice of the review or appeal to be given to the board, the applicant, the county, city or town where the dunes are located, and where applicable, to the freeholders specified in § 28.2-1411.B\n\nThe Commission shall hear the appeal or conduct the review on the record transmitted by the board to the Commissioner. The Commission may take such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Commission, in its discretion, may receive such other evidence as the ends of justice require.C\n\nThe Commission shall notify the parties of its decision within forty-eight hours of the appeal or review hearing.","order_by":null,"text":{"0":{"id":256287,"text":"The Commissioner shall cause notice of the review or appeal to be given to the board, the applicant, the county, city or town where the dunes are located, and where applicable, to the freeholders specified in § 28.2-1411.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256288,"text":"The Commission shall hear the appeal or conduct the review on the record transmitted by the board to the Commissioner. The Commission may take such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Commission, in its discretion, may receive such other evidence as the ends of justice require.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256289,"text":"The Commission shall notify the parties of its decision within forty-eight hours of the appeal or review hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1412\/","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 1994, chapter 112<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":192153,"object_type":"law","relational_id":71075,"identifier":"28.2-1412","token":"28.2\/III\/14\/3\/28.2-1412","url":"\/28.2-1412\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1412\/","token":"28.2\/III\/14\/3\/28.2-1412","dublin_core":{"Title":"Procedure for review; notice of decision","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1412","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall cause notice of the review or appeal<\/span> to be given to the board, the applicant, the county, city or town where the dunes are located, and where applicable, to the freeholders<\/span> specified in § 28.2-1411<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall hear the appeal<\/span> or conduct the review on the record transmitted by the board to the Commissioner<\/span>. The Commission<\/span> may take such additional evidence<\/span> as may be necessary to resolve any controversy as to the correctness of the record. The Commission<\/span>, in its discretion, may receive such other evidence<\/span> as the ends of justice require. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall notify the parties of its decision within forty-eight hours of the appeal<\/span> or review hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE FOR REVIEW; NOTICE OF DECISION (\u00a7 28.2-1412)\n\nA. The Commissioner shall cause notice of the review or appeal to be given to\nthe board, the applicant, the county, city or town where the dunes are located,\nand where applicable, to the freeholders specified in § 28.2-1411.\n\nB. The Commission shall hear the appeal or conduct the review on the record\ntransmitted by the board to the Commissioner. The Commission may take such\nadditional evidence as may be necessary to resolve any controversy as to the\ncorrectness of the record. The Commission, in its discretion, may receive such\nother evidence as the ends of justice require.\n\nC. The Commission shall notify the parties of its decision within forty-eight\nhours of the appeal or review hearing.\n\nHISTORY: 1992, c. 836; 1994, c. 112.","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}}