                                 CODE OF VIRGINIA

WHEN COMMISSION TO REVIEW DECISION OF WETLANDS BOARD (§ 28.2-1411)

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 by the county,
   city or town where the dunes are located.

   2. The Commissioner requests the review. In order to make the request, the
   Commissioner shall notify the board, applicant, and county, city or town where
   the dunes 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 coastal primary sand dune 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 dunes are located.

HISTORY: 1992, c. 836; 1994, c. 112.