[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.
[Amended 5-16-2024]
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 Wildlife Resources, 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 Commission
or board shall mail or email these notices not less than 20 days'
prior to the date set for the hearing. The board shall also (i) cause
notice of the hearing to be published at least once in the seven days'
prior to such hearing in a newspaper of general circulation in this
County; (ii) post a notice of the hearing on its website at least
14 days' prior to such hearing; and (iii) provide a copy of such
notice to the Commission for submittal to the Virginia Regulatory
Town Hall. 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.
