                                 CODE OF VIRGINIA

EMERGENCY SAND GRADING ACTIVITIES ON NONVEGETATED WETLANDS LOCATED ON THE
ATLANTIC SHORELINE OF VIRGINIA BEACH (§ 28.2-1309)

A. As used in this section, &#8220;emergency&#8221; means a sudden and
unforeseeable occurrence or condition of such disastrous severity or magnitude
that governmental action beyond that authorized by existing law is required
because governmental inaction for the period required to amend the law to meet
the exigency would cause immediate and irrevocable harm to the citizens or a
portion of the citizenry of the Commonwealth.

B. Notwithstanding the provisions of &#xA7; 28.2-1302, sand grading activities
are permitted on nonvegetated wetlands located on the Atlantic Shoreline of the
City of Virginia Beach if (i) such activities are otherwise permitted by law,
and (ii) the city manager has declared an emergency and issued a permit for such
purpose. Such activities may be conducted without advance notice and hearing;
however, upon request and after reasonable notice as to time and place, the city
manager shall hold a hearing to affirm, modify, amend, or cancel such emergency
permit.

HISTORY: 1992, c. 836; 2022, c. 235.