(A) In deciding whether to grant, to grant in modified form, or to deny a permit, the Wetlands Board shall consider the following:
(1) The testimony of any person in support of or in opposition to the permit application;
(2) Impact of the proposed development on the public health, safety and welfare; and
(3) The proposed development’s conformance with standards prescribed in VA Code § 28.2-1308 and guidelines promulgated pursuant to VA Code § 28.2-1301.
(B) The Board shall grant the permit if all of the following criteria are met: the anticipated public and private benefit of the proposed activity exceeds the anticipated public and private detriment; the proposed development conforms with the standards prescribed in VA Code § 28.2-1308 and guidelines promulgated pursuant to VA Code § 28.2-1301; and the proposed activity does not violate the purposes and intent of this chapter or VA Code Title 28.2, Chapter 13. If the Board finds that any of the criteria listed in this section are not met, the Board shall deny the permit application but allow the applicant to resubmit the application in modified form.
(C) In fulfilling the responsibilities under this chapter, the Board shall preserve and prevent the despoliation and destruction of wetlands within its jurisdiction while accommodating necessary economic development in a manner consistent with wetlands preservation and any standards set by the Commonwealth in addition to those identified in VA Code § 28.2-1308 to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards, including the provisions of guidelines and minimum standards promulgated by the Commission pursuant to VA Code § 28.2-1301.
(Ord. passed 4-12-1993; Am. Ord. passed 5-14- 2013; Am. Ord. passed 10-13-2020; Am. Ord. passed 12-11-2023)