                                 CODE OF VIRGINIA

WHEN COMMISSION TO MODIFY, REMAND OR REVERSE DECISION OF WETLANDS BOARD (§
28.2-1413)

The Commission shall modify, remand or reverse the decision of the wetlands
board if:

1. The wetlands board, in reaching its decision, failed to fulfill its
responsibilities under the coastal primary sand dune zoning ordinance; or

2. The substantial rights of the appellant or the applicant have been prejudiced
because the findings, conclusions, or decisions of the board are:
			a. In violation of constitutional provisions;
			b. In excess of statutory authority or jurisdiction of the wetlands board;
			c. Made upon unlawful procedure;
			d. Affected by other error of law;
			e. Unsupported by the evidence on the record considered as a whole; or
			f. Arbitrary, capricious, or an abuse of discretion.

HISTORY: 1992, c. 836.