                                 CODE OF VIRGINIA

PERMITS REQUIRED FOR CERTAIN ACTIVITIES; ISSUANCE OF PERMITS BY COMMISSION (§
28.2-1306)

A. It shall be unlawful for any person to conduct any activity which would
require a permit under a wetlands zoning ordinance without such a permit. Until
the county, city, or town in which a person proposes to conduct an activity
which would require a permit under a wetlands zoning ordinance adopts the
wetlands zoning ordinance, the person shall apply for a permit directly to the
Commission, except as provided in subsection C of &#xA7; 28.2-1303. If an
applicant desires to use or develop wetlands owned by the Commonwealth, he shall
apply for a permit directly to the Commission, and in addition to the
application fee required by the wetlands zoning ordinance, he shall pay those
fees and royalties assessed under &#xA7; 28.2-1206.

B. Upon notification by any county, city, or town that it has adopted the
wetlands zoning ordinance, the Commission shall immediately forward to that
jurisdiction&#8217;s wetlands board any pending permit application over which
that board would have had jurisdiction if the ordinance had been in effect at
the time the application was filed. However, if requested by the applicant, the
application shall remain within the Commission&#8217;s jurisdiction.

C. The Commission shall process permit applications in accordance with the
provisions of the wetlands zoning ordinance and the Commissioner, or his
authorized representative, shall sign such permit; however, the Commission may
designate one or more hearing officers who may, in lieu of the Commission,
conduct public hearings as required under &#xA7; 28.2-1302, and thereafter
report their findings and recommendations to the Commission.

HISTORY: 1972, c. 711, §§ 62.1-13.5, 62.1-13.9; 1973, cc. 382, 388; 1975, c.
268; 1979, c. 418; 1982, c. 300; 1985, c. 541; 1988, c. 587; 1989, c. 360; 1992,
c. 836; 1994, c. 125.