                                 CODE OF VIRGINIA

WHEN COMMISSION TO REVIEW DECISION OF WETLANDS BOARD (§ 28.2-1311)

A. The Commission shall review a decision of a wetlands board when any of the
following events occur:

   1. An appeal is taken from the decision by the applicant or the county, city,
   or town where the wetlands are located.

   2. The Commissioner requests the review. In order to make the request, the
   Commissioner shall notify the board, applicant, and the county, city, or town
   where the wetlands are located within ten days of receiving notice of the
   board&#8217;s decision.

   3. Twenty-five or more freeholders of property within the county, city, or
   town in which the proposed project is located sign and submit a petition to
   the Commission requesting the review. The petition shall indicate those
   specific instances where the petitioners allege that the board failed to
   fulfill its responsibilities under the wetlands zoning ordinance.

B. All requests for review or appeal shall be made within ten days of the date
of the board&#8217;s decision. The Commission shall hear and decide the review
or appeal within forty-five days of receiving the request for review or notice
of appeal. A continuance may be granted by the Commission on a motion of the
applicant, the freeholders specified in subsection A of this section, or the
county, city, or town where the wetlands are located.

HISTORY: 1972, c. 711, § 62.1-13.11; 1992, c. 836.