                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE COMMISSION (§ 28.2-1301)

A. The Commission may receive gifts, grants, bequests, and devises of wetlands
and money which shall be held for the uses prescribed by the donor, grantor, or
testator and in accordance with the provisions of this chapter. The Commission
shall manage any wetlands it receives so as to maximize their ecological value
as provided in Article 2 (&#xA7; 28.2-1503 et seq.) of Chapter 15 of this title.

B. The Commission shall preserve and prevent the despoliation and destruction of
wetlands while accommodating necessary economic development in a manner
consistent with wetlands preservation and any standards set by the Commonwealth
in addition to those identified in &#xA7; 28.2-1308 to ensure protection of
shorelines and sensitive coastal habitats from sea level rise and coastal
hazards, including guidelines and minimum standards promulgated by the
Commission pursuant to subsection C.

C. In order to perform its duties under this section and to assist counties,
cities, and towns in regulating wetlands, the Commission shall promulgate and
periodically update (i) guidelines that scientifically evaluate vegetated and
nonvegetated wetlands by type and describe the consequences of use of these
wetlands types and (ii) minimum standards for protection and conservation of
wetlands. The Virginia Institute of Marine Science shall provide advice and
assistance to the Commission in developing these guidelines and minimum
standards by evaluating wetlands by type and continuously maintaining and
updating an inventory of vegetated wetlands.

D. In developing guidelines, standards, or regulations under this chapter the
Commission shall consult with all affected state agencies. Consistent with other
legal rights, consideration shall be given to the unique character of the
Commonwealth&#8217;s tidal wetlands which are essential for the production of
marine and inland wildlife, waterfowl, finfish, shellfish and flora; serve as a
valuable protective barrier against floods, tidal storms and the erosion of the
Commonwealth&#8217;s shores and soil; are important for the absorption of silt
and pollutants; and are important for recreational and aesthetic enjoyment of
the people and for the promotion of tourism, navigation and commerce.

HISTORY: 1972, c. 711, §§ 62.1-13.1, 62.1-13.4, 62.1-13.17; 1982, c. 300;
1990, c. 811; 1992, c. 836; 1995, c. 850; 2020, c. 809.