Bradshaw, Julie G.

Virginia Institute of Marine Science, Wetlands Program

English

College of William & Mary: W&M Publish

W&M ScholarWorks Reports 2-1-1991 Coastal Resources and the Permit Process: Definitions and Jurisdictions Julie G. Bradshaw Virginia Institute of Marine Science Virginia Institute of Marine Science, Wetlands Program Follow this and additional works at: https://scholarworks.wm.edu/reports  Part of the Natural Resources and Conservation Commons Recommended Citation Bradshaw, J. G., & Virginia Institute of Marine Science, Wetlands Program. (1991) Coastal Resources and the Permit Process: Definitions and Jurisdictions. Wetlands Program Technical Report no. 91-2. Virginia Institute of Marine Science, College of William and Mary. http://dx.doi.org/doi:10.21220/m2-681r-zp98 This Report is brought to you for free and open access by W&M ScholarWorks. It has been accepted for inclusion in Reports by an authorized administrator of W&M ScholarWorks. For more information, please contact scholarworks@wm.edu. �et\al)dS· Program Technical Report The Virginia Wetland's Act: " . . . shall preserve and prevent the despoliation and destruction of wetlands . . .  "1h15 report wa.s funded, In part, by th• c»partment of Environmental Qualty'I COOlfal RNOUl'CfJI Man­CJfl'llflfMI Program through grant # NA410Z0281-01 olth• National Oceanic and Almosph•dc Ad­mlnlflra#on, Oftlce of OC.an and Coaltal �,ourc•1 Managentflnf, und« � COOlfal ZOMM nt f-Act of 1912, CD t atrHHJdtKI. Coastal Resources and the Permit Process: Deficoanitions and Jurisdictions Julie G. Bradshaw This paper reviews the jurisdictions of the various regulatory agencies and the definitions of terms relating to wetlands and other coastal resources in Virginia. The procedure for processing of permits for activities involving coastal resources is outlined. Regulatory Authority Activities on Virginia's shoreline are controlled by a number of federal and state laws. The laws create overlapping jurisdictions for the various regulatory agencies. State/local Pertinent laws of the Commonwealth of Virginia include the Tidal Wetlands Act (Title 28.2, Chapter 13) and the Coastal Pri­mary Sand Dune Protection Act (Title 28.2, Chapter 14). The Com­monwealth's ownership of subaqueous land is established in Title 62.1, Chapter 1 of the Virginia Code. The Virginia Marine Re­sources Commission (VMRC) is the regulating authority for the coastal resources included in these laws. Localities (i.e., counties, cities, and towns) which desire to regulate their own tidal wetlands or sand dunes have the option of adopting prescribed zoning ordi­nances and forming citizen Wetlands Boards. VMRC retains an oversight and appellate role for localities which have adopted these coastal resource ordinances. Federal Federal laws include Section 404 of the Clean Water Act of 1977 (33 U.S.C. 1251) which addresses dredge and fill operations in wetlands and Section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 403) which addresses activities affecting navi­gation. The U.S. Army Corps o;fEngineers is assigned as the pri­mary federal agency with regulatory authority for these laws. The Corps jurisdiction established by these laws includes waters of the U.S. and their adjacent wetlands. (continued) 

Coastal Resources and the Permit Process: Definitions and Jurisdictions

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Coastal Resources and the Permit Process: Definitions and Jurisdictions

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