                                 CODE OF VIRGINIA

LIVING SHORELINES; DEVELOPMENT OF GENERAL PERMIT; GUIDANCE (§ 28.2-104.1)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Living shoreline&#8221; means a shoreline management practice that
provides erosion control and water quality benefits; protects, restores, or
enhances natural shoreline habitat; and maintains coastal processes through the
strategic placement of plants, stone, sand fill, and other structural and
organic materials. When practicable, a living shoreline may enhance coastal
resilience and attenuation of wave energy and storm surge.
			&#8220;Other structural and organic materials&#8221; means materials or
features that provide added protection or stability for the natural shoreline
habitat components of a living shoreline that attenuate wave energy and do not
interfere with natural coastal processes or the natural continuity of the
land-water interface. &#8220;Other structural and organic materials&#8221; may
be composed of a variety of natural or man-made materials, including rock,
concrete, wood fiber, oyster shells, and geotextiles; however, structural
features shall be free from contaminants and shall be adequately secured to
prevent full or partial dislodging or detachment due to wave action or other
natural forces.

B. The Commission, in cooperation with the Department of Conservation and
Recreation, the Department of Environmental Quality, and local wetlands boards,
and with technical assistance from the Virginia Institute of Marine Science,
shall establish and implement a general permit regulation that authorizes and
encourages the use of living shorelines as the preferred alternative for
stabilizing tidal shorelines in the Commonwealth. The regulation shall provide
for an expedited permit review process for qualifying living shoreline projects
requiring authorization under Chapters 12 (&#xA7; 28.2-1200 et seq.), 13 (&#xA7;
28.2-1300 et seq.), and 14 (&#xA7; 28.2-1400 et seq.). In developing the general
permit, the Commission shall consult with the U.S. Army Corps of Engineers to
ensure the minimization of conflicts with federal law and regulation.

C. The Commission, in cooperation with the Department of Conservation and
Recreation and with technical assistance from the Virginia Institute of Marine
Science, shall develop integrated guidance for the management of tidal shoreline
systems to provide a technical basis for the coordination of permit decisions
required by any regulatory entity exercising authority over a shoreline
management project. The guidance shall:

   1. Communicate to stakeholders and regulatory authorities that it is the
   policy of the Commonwealth to support living shorelines as the preferred
   alternative for stabilizing tidal shorelines;

   2. Identify preferred shoreline management approaches for the shoreline types
   found in the Commonwealth;

   3. Explain the risks and benefits of protection provided by various shoreline
   system elements associated with each management option; and

   4. Recommend procedures to achieve efficiency and effectiveness by the various
   regulatory entities exercising authority over a shoreline management project.

D. The Commission shall permit only living shoreline approaches to shoreline
management unless the best available science shows that such approaches are not
suitable. If the best available science shows that a living shoreline approach
is not suitable, the Commission shall require the applicant to incorporate, to
the maximum extent possible, elements of living shoreline approaches into
permitted projects.

HISTORY: 2011, c. 885; 2014, cc. 112, 143; 2020, cc. 566, 809; 2022, c. 333.