                                 CODE OF VIRGINIA

DEFINITIONS (§ 28.2-1300)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Back Bay and its tributaries&#8221; means the following, as shown on
the United States Geological Survey Quadrangle Sheets for Virginia Beach, North
Bay, and Knotts Island: Back Bay north of the Virginia-North Carolina state
line; Capsies Creek north of the Virginia-North Carolina state line; Deal Creek;
Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the
waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge
Creek; Hells Point Creek; Black Gut; and all coves, ponds and natural waterways
adjacent to or connecting with the above-named bodies of water.
		&#8220;County, city, or town&#8221; means the governing body of the county,
city, or town.
		&#8220;Governmental activity&#8221; means any of the services provided by the
Commonwealth or a county, city, or town to its citizens for the purpose of
maintaining public facilities, including but not limited to, such services as
constructing, repairing and maintaining roads; providing street lights and
sewage facilities; supplying and treating water; and constructing public
buildings.
		&#8220;Nonvegetated wetlands&#8221; means unvegetated lands lying contiguous
to mean low water and between mean low water and mean high water, including
those unvegetated areas of Back Bay and its tributaries and the North Landing
River and its tributaries subject to flooding by normal and wind tides but not
hurricane or tropical storm tides.
		&#8220;North Landing River and its tributaries&#8221; means the following, as
shown on the United States Geological Survey Quadrangle Sheets for Pleasant
Ridge, Creeds, and Fentress: the North Landing River from the Virginia-North
Carolina line to Virginia Highway 165 at North Landing Bridge; the Chesapeake
and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the
locks at Great Bridge; and all named and unnamed streams, creeks and rivers
flowing into the North Landing River and the Chesapeake and Albemarle Canal
except West Neck Creek north of Indian River Road, Pocaty River west of
Blackwater Road, Blackwater River west of its forks located at a point
approximately 6400 feet due west of the point where Blackwater Road crosses the
Blackwater River at the village of Blackwater, and Millbank Creek west of
Blackwater Road.
		&#8220;Vegetated wetlands&#8221; means lands lying between and contiguous to
mean low water and an elevation above mean low water equal to the factor one and
one-half times the mean tide range at the site of the proposed project in the
county, city, or town in question, and upon which is growing any of the
following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay
(Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus
roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh
elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle
(Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra
virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina
cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica),
bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile
edentula), southern wildrice (Zizaniopsis miliacea), cattail (Typha spp.),
three-square (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald
cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa
aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane
(Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus
moscheutos), beggar&#8217;s tick (Bidens sp.), smartweed (Polygonum sp.),
arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus
cannabinus), reed grass (Phragmites communis), or switch grass (Panicum
virgatum).
		&#8220;Vegetated wetlands of Back Bay and its tributaries&#8221; or
&#8220;vegetated wetlands of the North Landing River and its tributaries&#8221;
means all marshes subject to flooding by normal and wind tides, but not
hurricane or tropical storm tides, and upon which is growing any of the
following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay
(Spartina patens), black needlerush (Juncus roemerianus), marsh elder (Iva
frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.),
arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big
cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice
(Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.),
cattail (Typha spp.), three-square (Scirpus spp.), dock (Rumex sp.), smartweed
(Polygonum sp.), yellow pond lily (Nuphar sp.), royal fern (Osmunda regalis),
marsh hibiscus (Hibiscus moscheutos), beggar&#8217;s tick (Bidens sp.),
arrowhead (Sagittaria sp.), water hemp (Amaranthus cannabinus), reed grass
(Phragmites communis), or switch grass (Panicum virgatum).
		&#8220;Wetlands&#8221; means both vegetated and nonvegetated wetlands.
		&#8220;Wetlands board&#8221; or &#8220;board&#8221; means a board created
pursuant to § 28.2-1303.
		&#8220;Wetlands zoning ordinance&#8221; means the ordinance set forth in §
28.2-1302.

HISTORY: 1972, c. 711, § 62.1-13.2; 1973, c. 388; 1974, c. 297; 1975, c. 268;
1979, c. 524; 1982, c. 300; 1992, c. 836.