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:
BEACH
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.
COASTAL PRIMARY SAND DUNE or DUNE
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.
COMMISSION
The Virginia Marine Resources Commission.
COUNTY
The Board of Supervisors of Mathews County.
GOVERNMENTAL ACTIVITY
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 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.
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.
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.
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.