Virginia Code 28.2-1413: When Commission to modify, remand or reverse decision of wetlands board.
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The Commission shall modify, remand or reverse the decision of the wetlands board if:
Terms Used In Virginia Code 28.2-1413
- board: means the board created pursuant to § Virginia Code 28.2-1400
- Commission: means the Marine Resources Commission. See Virginia Code 28.2-100
- dune: means 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 ten percent or greater to less than ten percent, and upon which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp. See Virginia Code 28.2-1400
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the coastal primary sand dune zoning ordinance; or
2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board are:
a. In violation of constitutional provisions;
b. In excess of statutory authority or jurisdiction of the wetlands board;
c. Made upon unlawful procedure;
d. Affected by other error of law;
e. Unsupported by the evidence on the record considered as a whole; or
f. Arbitrary, capricious, or an abuse of discretion.
1992, c. 836.