                                 CODE OF VIRGINIA

CREATION; PUBLIC PURPOSE (§ 15.2-7401)

If any of the governing bodies of the Counties of Accomack and Northampton by
resolution declare that there is a need for a public access authority to be
created and an operating agreement is developed for the purpose of establishing
or operating a public access authority for any such participating political
subdivisions and that they should unite in the formation of an authority to be
known as the Eastern Shore Water Access Authority (the Authority), which shall
thereupon exist for such participating counties and shall exercise its powers
and functions as prescribed herein. The region for which such Authority shall
exist shall be coterminous with the boundaries of the participating political
subdivisions. The Authority shall be charged with the following duties:

1. Identify land, either owned by the Commonwealth or private holdings, that can
be secured for use by the general public as a public access site;

2. Research and determine ownership of all identified sites;

3. Determine appropriate public use levels of identified access sites;

4. Develop appropriate mechanisms for transferring title of Commonwealth or
private holdings to the Authority;

5. Develop appropriate acquisition and site management plans for public access
usage;

6. Determine which holdings should be sold to advance the mission of the
Authority;

7. Receive and expend public funds and private donations in order to restore or
create tidal wetlands within the region for which the Authority exists, provided
that any tidal mitigation credits resulting from such restoration or creation
projects shall be held by the Authority for the benefit and use of participating
political subdivisions and shall not be sold or conveyed to any private party by
the Authority or any participating political subdivision;

8. Receive and expend public funds and private donations for dredging or
construction; apply for permits in order to perform dredging projects on
waterways or to construct facilities and infrastructure within the region for
which the Authority exists, provided that such projects enhance recreational and
commercial public access; and perform such dredging projects or construct such
facilities and infrastructure;

9. In conjunction with one or both of the Middle Peninsula Chesapeake Bay Public
Access Authority (the MPCBPAA), created pursuant to the provisions of Chapter 66
(&#xA7; 15.2-6600 et seq.), and the Northern Neck Chesapeake Bay Public Access
Authority (the NNCBPAA), created pursuant to the provisions of Chapter 66.1
(&#xA7; 15.2-6626 et seq.), receive and expend public funds and private
donations for dredging, apply for permits in order to perform dredging projects,
and perform such dredging projects on waterways within the region for which any
or all of the Authority, the MPCBPAA, or the NNCBPAA exists; and

10. Perform other duties required to fulfill the mission of the Authority.
			In any suit, action, or proceeding involving the validity or enforcement of
or relating to any contract of the Authority, the Authority shall be deemed to
have been created as a body corporate and to have been established and
authorized to transact business and exercise its powers hereunder upon proof of
the adoption of a resolution as aforesaid by the participating political
subdivisions declaring that there is a need for such Authority. A copy of such
resolution duly certified by the clerks of the counties by which it is adopted
shall be admissible as evidence in any suit, action, or proceeding. Any
political subdivision of the Commonwealth is authorized to join such Authority
pursuant to the terms and conditions of this act.
			The ownership and operation by the Authority of any public access sites and
related facilities and the exercise of powers conferred by this act are proper
and essential governmental functions and public purposes and matters of public
necessity for which public moneys may be spent and private property acquired.
The Authority is a regional entity of government by or on behalf of which debt
may be contracted by or on behalf of any county pursuant to Article VII, Section
10 (a) of the Constitution of Virginia.

HISTORY: 2014, c. 471; 2018, c. 327.