                                 CODE OF VIRGINIA

APPOINTMENT, TERMS, COMPENSATION, ETC., OF LOCAL WETLANDS BOARDS; JURISDICTION
OF COUNTY WETLANDS BOARD OVER WETLANDS IN TOWN (§ 28.2-1303)

A. Every county, city, or town that enacts a wetlands zoning ordinance pursuant
to this chapter shall create a wetlands board, consisting of five or seven
residents of that jurisdiction appointed by the local governing body. All board
members&#8217; terms shall be for five years, except that the term of at least
one of the original appointments shall expire during each of the succeeding five
years. The chairman of the board shall notify the local governing body at least
30 days prior to the expiration of any member&#8217;s term and shall promptly
notify the local governing body if any vacancy occurs. Vacancies shall be filled
by the local governing body without delay upon receipt of such notice.
Appointments to fill vacancies shall be for the unexpired portion of the term.
Members may serve successive terms. A member whose term expires shall continue
to serve until his successor is appointed and qualified. Members of the board
shall hold no public office in the county or city other than membership on the
local planning or zoning commission, the local erosion commission, the local
board of zoning appeals, a board established by a local government to hear cases
regarding ordinances adopted pursuant to the Chesapeake Bay Preservation Act and
regulations promulgated thereunder, or as director of a soil and water
conservation board. When members of these local commissions or boards are
appointed to a local wetlands board, their terms of appointment shall be
coterminous with their membership on those boards or commissions. The governing
body shall also appoint at least one but not more than three alternate members
to the board. The qualifications, terms, and compensation of alternate members
shall be the same as those of members. Any member who knows that he will not be
able to attend a board meeting shall notify the chairman at least 24 hours in
advance of such meeting. The chairman shall select an alternate member to serve
in place of the absent member at the board meeting, which shall be noted in the
records of the board.

B. Upon a hearing with at least 15 days&#8217; notice thereof, any board member
may be removed for malfeasance, misfeasance, or nonfeasance in office, or for
other just cause, by the local governing body. Notwithstanding the foregoing
provisions, a member of a local wetlands board may be removed from office by the
local governing body without limitation in the event that the board member is
absent from any three consecutive meetings of the board, or is absent from any
four meetings of the board within any 12-month period. In either such event, a
successor shall be appointed by the governing body for the unexpired portion of
the term of the member who has been removed.

C. If a town does not enact a wetlands zoning ordinance within one year of its
enactment by the surrounding county, application for permits to use and develop
wetlands within the town shall be made to the county wetlands board.

D. Any county, city, or town that creates a local wetlands board pursuant to
this section may compensate the members of the board in accordance with such
terms and conditions as the locality may prescribe.

E. Notwithstanding any other provision of this section, the Town of Dumfries in
Prince William County may enact a wetlands zoning ordinance pursuant to the
provisions of this chapter.

HISTORY: 1972, c. 711, §§ 62.1-13.6, 62.1-13.8; 1977, c. 15; 1978, c. 585;
1982, cc. 300, 446; 1983, c. 87; 1987, c. 62; 1992, c. 836; 2004, c. 277; 2005,
c. 104; 2006, c. 687.