                                 CODE OF VIRGINIA

EXEMPTIONS (§ 28.2-1408.2)

A. Notwithstanding the requirements of &#xA7; 28.2-1408 or any other provision
of this Code, the Virginia Beach Wetlands Board shall make an ongoing
determination in the Sandbridge Beach Subdivision to determine which structures
or properties are in clear and imminent danger from erosion and storm damage due
to severe wave action or storm surge. The owners of such structures or
properties shall not be prohibited from erecting and maintaining protective
bulkheads or other equivalent structural improvements of the type, size, and
configuration as approved by the Virginia Beach Wetlands Board. As used in this
section, &#8220;Sandbridge Beach Subdivision&#8221; means the area that is
bounded on the north by Dam Neck Naval Base, on the west by Sandpiper Road, and
on the south by Little Island Park.
			The Virginia Beach Wetlands Board shall not impose arbitrary or unreasonable
conditions upon its approval of any such bulkhead or other structural
improvement. The Virginia Beach Wetlands Board shall maintain a continuing
responsibility to ensure that each bulkhead or structural improvement
constructed under the authority of this section is maintained in a condition
that is safe, structurally sound, and otherwise in conformity with the
conditions imposed by the Virginia Beach Wetlands Board.
			Upon submission of an application to the Virginia Beach Wetlands Board
pursuant to this section, as a requirement for approval, the applicant must
consent in writing to any subsequent construction approved by the Virginia Beach
Wetlands Board whereby an adjacent property owner desires to tie in a bulkhead
at no additional cost with the bulkhead proposed by the applicant. Such consent
shall constitute a waiver of property line defenses relating to the bulkhead
line.

B. 1. The Virginia Beach Wetlands Board may develop and adopt, after holding a
public hearing, a General Permit for Sand Management and Placement Profiles for
properties in the Sandbridge Beach Subdivision. The Virginia Beach Wetlands
Board shall publish notice of each hearing at least once a week for two
consecutive weeks prior to such hearing in a newspaper having general
circulation in Virginia Beach.

   2. The Norfolk Wetlands Board may develop and adopt, after holding a public
   hearing, a General Permit for Sand Management and Placement Profiles for
   properties in the City of Norfolk. The Norfolk Wetlands Board shall publish
   notice of each hearing at least once a week for two consecutive weeks prior to
   such hearing in a newspaper having general circulation in the City of Norfolk.

C. Any General Permit for Sand Management and Placement Profiles adopted by a
wetlands board pursuant to subsection B shall set forth sand management
practices that require owners of real property in the permit area to undertake
responsible, cost-effective sand management practices that (i) protect and
enhance the value and use of their property and (ii) preserve and protect
coastal primary sand dunes and public beaches and prevent their despoliation and
destruction. The General Permit for Sand Management and Placement Profiles shall
specify all permissible sand management practices, including the manner in which
sand removed from these properties shall be transported to and placed upon an
appropriate sand placement and spreading zone as may be designated in the
Placement Profiles adopted by the wetlands board. The sand shall be in the
condition of clean beach sand prior to such transport and placement. A wetlands
board may from time to time revise such General Permit for Sand Management and
Placement Profiles as appropriate, in accordance with this subsection and
subsections B and D.

D. Following adoption of the General Permit for Sand Management and Placement
Profiles, the owner of real property in the permit area, or the designee of such
owner, may apply for coverage under the applicable General Permit for Sand
Management and Placement Profile by submitting a registration statement to the
local wetlands board on a form to be developed by the wetlands board requiring
the following information: (i) owner&#8217;s name; (ii) owner&#8217;s address;
(iii) owner&#8217;s telephone number and email address; (iv) address of property
or properties; (v) designee&#8217;s name, if any; (vi) designee&#8217;s address;
(vii) designee&#8217;s telephone number and email address; (viii) identification
of the applicable Placement Profile for the property; (ix) signature of owner or
designee; and (x) date of application. The wetlands board may impose a
reasonable fee in connection with processing the registration statement.
			The wetlands board shall, within 30 days of receipt of a registration
statement, notify the owner or his designee in writing whether the registration
statement is approved or disapproved. The wetlands board&#8217;s written notice
of approval or disapproval may be delivered to the applicant via email at the
email address stated in the registration statement or it may be delivered via
United States mail at the address stated in the registration statement, or both.
If the wetlands board fails to notify the applicant in writing within 30 days of
receipt of a registration statement, then the registration statement is deemed
approved. If the registration statement is disapproved, the wetlands board shall
provide in its notification to the applicant a complete statement of the reason
for the disapproval. Notwithstanding the requirements of &#xA7; 28.2-1408 or any
other provision of law, if the registration statement is approved, then the
applicant is authorized to manage sand in accordance with the applicable General
Permit for Sand Management for a period of three years from the date of the
application. The approval or disapproval of a registration statement submitted
by an applicant is a decision of the wetlands board that is reviewable pursuant
to &#xA7; 28.2-1411.

HISTORY: 2009, c. 391; 2017, c. 338.