28.2-1306 - Permits required for certain activities; issuance of permits by Commission.
§ 28.2-1306. Permits required for certain activities; issuance of permits byCommission.
A. It shall be unlawful for any person to conduct any activity which wouldrequire a permit under a wetlands zoning ordinance without such a permit.Until the county, city, or town in which a person proposes to conduct anactivity which would require a permit under a wetlands zoning ordinanceadopts the wetlands zoning ordinance, the person shall apply for a permitdirectly to the Commission, except as provided in subsection C of §28.2-1303. If an applicant desires to use or develop wetlands owned by theCommonwealth, he shall apply for a permit directly to the Commission, and inaddition to the application fee required by the wetlands zoning ordinance, heshall pay those fees and royalties assessed under § 28.2-1206.
B. Upon notification by any county, city, or town that it has adopted thewetlands zoning ordinance, the Commission shall immediately forward to thatjurisdiction's wetlands board any pending permit application over which thatboard would have had jurisdiction if the ordinance had been in effect at thetime the application was filed. However, if requested by the applicant, theapplication shall remain within the Commission's jurisdiction.
C. The Commission shall process permit applications in accordance with theprovisions of the wetlands zoning ordinance and the Commissioner, or hisauthorized representative, shall sign such permit; however, the Commissionmay designate one or more hearing officers who may, in lieu of theCommission, conduct public hearings as required under § 28.2-1302, andthereafter report their findings and recommendations to the Commission.
(1972, c. 711, §§ 62.1-13.5, 62.1-13.9; 1973, cc. 382, 388; 1975, c. 268;1979, c. 418; 1982, c. 300; 1985, c. 541; 1988, c. 587; 1989, c. 360; 1992,c. 836; 1994, c. 125.)