28.2-1311 - When Commission to review decision of wetlands board.
§ 28.2-1311. When Commission to review decision of wetlands board.
A. The Commission shall review a decision of a wetlands board when any of thefollowing events occur:
1. An appeal is taken from the decision by the applicant or the county, city,or town where the wetlands are located.
2. The Commissioner requests the review. In order to make the request, theCommissioner shall notify the board, applicant, and the county, city, or townwhere the wetlands are located within ten days of receiving notice of theboard's decision.
3. Twenty-five or more freeholders of property within the county, city, ortown in which the proposed project is located sign and submit a petition tothe Commission requesting the review. The petition shall indicate thosespecific instances where the petitioners allege that the board failed tofulfill its responsibilities under the wetlands zoning ordinance.
B. All requests for review or appeal shall be made within ten days of thedate of the board's decision. The Commission shall hear and decide thereview or appeal within forty-five days of receiving the request for reviewor notice of appeal. A continuance may be granted by the Commission on amotion of the applicant, the freeholders specified in subsection A of thissection, or the county, city, or town where the wetlands are located.
(1972, c. 711, § 62.1-13.11; 1992, c. 836.)