Title
Ordinance to Amend and Re-Enact Chapter 41.1 of the City Code of the City of Hampton, Virginia Entitled “Wetlands,” by Amending Article III to Make Technical Amendments and to Reflect Changes to State Law Effective July 1, 2020
Purpose
PURPOSE/BACKGROUND:
The 2020 session of the Virginia General Assembly included adoption of Senate Bill 776 pertaining to wetlands protection and living shorelines. Senate Bill 776 will be effective on July 1, 2020, and requires the Virginia Marine Resources Commission (VMRC) to promulgate and periodically update minimum standards for the protection and conservation of wetlands and to approve only living shoreline approaches to shoreline stabilization unless the best available science shows that such approaches are not suitable.
Local wetlands boards must act in a manner consistent with the new standards to be promulgated by VMRC. In addition, permit applicants must include a statement in their applications indicating whether use of a living shoreline as defined by the Code of Virginia is suitable, including reasons for the determination.
Section 28.2-1302 of the Code of Virginia provides that localities must adopt the language of the Code of Virginia governing the operation of a local wetlands board. Accordingly, Chapter 41.1 of the Hampton City Code must be updated to reflect the changes made by Senate Bill 776.
Recommendation:
Rec
Approve the Ordinance.
Body
BE IT ORDAINED by the Council of the City of Hampton, Virginia that Article III of Chapter 41.1 of the City Code of the City of Hampton, Virginia, be amended and re-enacted as follows, with an effective date of July 1, 2020:
CHAPTER 41.1 - WETLANDS
. . . .
ARTICLE III. - WETLANDS ZONING ORDINANCE
DIVISION 1. - PERMITS
Sec. 41.1-8. - Required; application generally
(a) Any person who desires to use or develop any wetland within this city, other than for the purpose of conducting the activities specified in section 41.1-7, shall first file an application fo...
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