                                 CODE OF VIRGINIA

EMERGENCY SAND GRADING ACTIVITIES ON SAND DUNES LOCATED ON THE ATLANTIC
SHORELINE OF VIRGINIA BEACH (§ 28.2-1409)

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; 28.2-1403, sand grading activities
are permitted on coastal primary sand dunes 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.