When Commission to modify, remand, or reverse decision of wetlands board (§ 28.2-1313)

§ 28.2-1313 – When Commission to modify, remand, or reverse decision of wetlands board

The Commission shall modify, remand, or reverse the decision of the wetlands board if:

1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the wetlands zoning ordinance; or

2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board are: a. In violation of constitutional provisions; b. In excess of statutory authority or jurisdiction of the wetlands board; c. Made upon unlawful procedure; d. Affected by other error of law; e. Unsupported by the evidence on the record considered as a whole; or f. Arbitrary, capricious, or an abuse of discretion.