[HISTORY: Adopted by the Board of Supervisors of Mathews County 6-24-1980;
amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
The Board of Supervisors of Mathews County, acting pursuant to Chapter
14 (§ 28.2-1400 et seq.) of Title 28.2 of the Code of Virginia,
adopts this chapter regulating the use and development of coastal primary
sand dunes. Whenever coastal primary sand dunes are referred to in this chapter,
such references shall also include beaches.
As used in this chapter, unless the context requires a different meaning,
the following terms shall have the meanings indicated:
The shoreline zone comprised of unconsolidated sandy material upon
which there is a mutual interaction of the forces of erosion, sediment transport
and deposition that extends from the low-water line landward to where there
is a marked change in either material composition or physiographic form, such
as a dune, bluff or marsh, or, where no such change can be identified, to
the line of woody vegetation (usually the effective limit of stormwaves) or
the nearest impermeable man-made structure, such as a bulkhead, revetment
or paved road.
A mound of unconsolidated sandy soil which is contiguous to mean
high water, whose landward and lateral limits are marked by a change in grade
from 10% or greater to less than 10% and upon which is growing any of the
following species: American beach grass (Ammophilla breviligulata); beach
heather (Hudsonia tometosa); dune bean (Strophostylis spp.); dusty miller
(Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort
(Arenaria peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula);
seaside goldenrod (Solidago sempervirens); and short dune grass (Panicum ararum).
For purposes of this chapter, "coastal primary sand dune" shall not include
any mound of sand, sandy soil or dredge spoil deposited by any person for
the purpose of temporary storage.
The Virginia Marine Resources Commission.
The Commissioner of Marine Resources.
The Board of Supervisors of Mathews County.
Any of the services provided by the commonwealth or a county, city
or town to its citizens for the purpose of maintaining public facilities,
including but not limited to such services as constructing, repairing and
maintaining roads; providing streetlights and sewage facilities; supplying
and treating water; and constructing public buildings.
The Board created pursuant to § 28.2-1303 of the Code of
Virginia.
The following uses of and activities in dunes are authorized if otherwise
permitted by law:
A.
The construction and maintenance of noncommercial walkways
which do not alter the contour of the coastal primary sand dune.
B.
The construction and maintenance of observation platforms
which are not an integral part of any dwelling and which do not alter the
contour of the coastal primary sand dune.
C.
The planting of beach grasses or other vegetation for
the purpose of stabilizing coastal primary sand dunes.
D.
The placement of sand fences or other material on or
adjacent to coastal primary sand dunes for the purpose of stabilizing such
features, except that this provision shall not be interpreted to authorize
the placement of any material which presents a public health or safety hazard.
E.
Sand replenishment activities of any private or public
concern, provided that no sand shall be removed from any coastal primary sand
dune unless authorized by lawful permit.
F.
The normal maintenance of any groin, jetty, riprap, bulkhead
or other structure designed to control beach erosion which may abut a coastal
primary sand dune.
G.
The normal maintenance or repair of existing roads, highways,
railroad beds and facilities of the United States, this commonwealth or any
of its counties or cities, or of any person, provided that no coastal primary
sand dunes are altered.
H.
Outdoor recreational activities, provided that the activities
do not alter the natural contour of the coastal primary sand dune or destroy
the vegetation growing thereon.
I.
The conservation and research activities of the Commission,
Virginia Institute of Marine Science, Department of Game and Inland Fisheries
and other conservation-related agencies.
J.
The construction and maintenance of aids to navigation
which are authorized by governmental authority.
K.
Activities pursuant to any emergency declaration by the
governing body of any local government or the Governor of the commonwealth
or any public health officer for the purposes of protecting the public health
and safety.
L.
Governmental activity in coastal primary sand dunes owned
or leased by the commonwealth or a political subdivision thereof.
A.
Any person who desires to use or alter any coastal primary sand dune within Mathews County, other than for the purpose of conducting the activities specified in § 122-3 of this chapter, shall first file an application directly with the Wetlands Board or with the Commission.
B.
The permit application shall include the following:
(1)
The name and address of the applicant.
(2)
A detailed description of the proposed activities and
a map, drawn to an appropriate and uniform scale, showing the area of dunes
directly affected, the location of the proposed work thereon, the area of
any proposed fill and excavation, the location, width, depth and length of
any disposal area and the location of all existing and proposed structures,
sewage collection and treatment facilities, utility installations, roadways
and other related appurtenances or facilities, including those on adjacent
uplands.
(3)
A description of the type of equipment to be used and
the means of equipment access to the activity site.
(4)
The names and addresses of owners of record of adjacent
land.
(5)
An estimate of cost.
(6)
The primary purpose of the project.
(7)
Any secondary purposes of the project, including further
projects.
(8)
The public benefit to be derived from the proposed project.
(9)
A complete description of measures to be taken during
and after the alteration to reduce detrimental off-site effects.
(10)
The completion date of the proposed work, project or
structure.
(11)
Such additional materials and documentation as the Wetlands
Board may require.
C.
A nonrefundable processing fee shall accompany each permit
application. The fee shall be set by the Board of Supervisors with due regard
for the services to be rendered, including the time, skill and Administrator's
expense. No person shall be required to file two separate applications for
permits if the proposed project will require permits under this chapter and
Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.
Under those circumstances, the fee shall be established pursuant to this chapter.
All applications, maps and documents submitted shall be open for public
inspection at the office of the recording officer of Mathews County.
Not later than 60 days after receipt of a complete application, the
Wetlands Board shall hold a public hearing on the application. The applicant,
local governing body, Commissioner, owner of record of any land adjacent to
the coastal primary sand dunes in question, the Virginia Institute of Marine
Science, the Department of Game and Inland Fisheries, the State Water Control
Board, the Department of Transportation and any governmental agency expressing
an interest in the application shall be notified of the hearing. The Board
shall mail these notices not less than 20 days prior to the date set for the
hearing. The Wetlands Board shall also cause notice of the hearing to be published
at least once a week for two weeks prior to such hearing in a newspaper of
general circulation in this county. The costs of publication shall be paid
by the applicant.
A.
Approval of a permit application shall require the affirmative
vote of three members of a five-member Board or four members of a seven-member
Board.
B.
The Chairperson of the Board, or in his or her absence
the Acting Chairperson, may administer oaths and compel the attendance of
witnesses. Any person may appear and be heard at the public hearing. Each
witness at the hearing may submit a concise written statement of his or her
testimony. The Board shall make a record of the proceeding, which shall include
the application, any written statements of witnesses, a summary of statements
of all witnesses, the findings and decision of the Board and the rationale
for the decision.
C.
The Board shall make its determination within 30 days
of the hearing. If the Board fails to act within that time, the application
shall be deemed approved. Within 48 hours of its determination, the Board
shall notify the applicant and the Commissioner of its determination. If the
Board fails to make a determination within the thirty-day period, it shall
promptly notify the applicant and the Commission that the application is deemed
approved.
D.
If the Board's decision is reviewed or appealed, the
Board shall transmit the record of its hearing to the Commissioner. Upon a
final determination by the Commission, the record shall be returned to the
Board. The record shall be open for public inspection at the office of the
recording officer of Mathews County.
The Board may require a reasonable bond or letter of credit, in an amount
and with surety and conditions satisfactory to it, securing to the commonwealth
compliance with the conditions and limitations set forth in the permit. The
Board may, after a hearing held pursuant to this chapter, suspend or revoke
a permit if the applicant has failed to comply with any of the conditions
or limitations set forth in the permit or has exceeded the scope of the work
described in the application. The Board may, after a hearing, suspend a permit
if the applicant fails to comply with the terms and conditions set forth in
the application.
In fulfilling its responsibilities under this chapter, the Board shall
preserve and protect coastal primary sand dunes and beaches and prevent their
despoliation and destruction. However, whenever practical, the Board shall
accommodate necessary economic development in a manner consistent with the
protection of these features.
A.
In deciding whether to grant, grant in modified form
or deny a permit, the Board shall consider the following:
(1)
The testimony of any person in support of or in opposition
to the permit application.
(2)
The impact of the proposed development on the public
health, safety and welfare.
(3)
The proposed development's conformance with standards
prescribed in § 28.2-1408 of the Code of Virginia and guidelines
promulgated pursuant to § 28.2-1401 of the Code of Virginia.
B.
The Board shall grant the permit if all of the following
criteria are met:
(1)
The anticipated public and private benefit of the proposed
activity exceeds its anticipated public and private detriment.
(2)
The proposed development conforms to the standards prescribed
in § 28.2-1408 of the Code of Virginia and guidelines promulgated
pursuant to § 28.2-1401 of the Code of Virginia.
(3)
The proposed activity does not violate the purposes and
intent of this chapter or Chapter 14 (§ 28.2-1400 et seq.) of Title
28.2 of the Code of Virginia.
The permit shall be in writing, signed by the Chairperson of the Board
and notarized. A copy of the permit shall be transmitted to the Commissioner.
No permit shall be granted without an expiration date established by
the Board. Upon proper application, the Board may extend the permit expiration
date.
No permit granted by a Wetlands Board shall in any way affect the right
of any person to seek compensation for any injury in fact incurred by him
or her because of the permitted activity.