The following uses of and activities on dunes are permitted if otherwise permitted by law:
(A) The construction and maintenance of noncommercial walkways which do not alter the contour of the coastal primary sand dune;
(B) The construction and maintenance of observation platforms that are not an integral part of any dwelling and that do not alter the contour of the coastal primary sand dune;
(C) The planting of beach grasses or other vegetation for the purpose of stabilizing coastal primary sand dunes;
(D) The placement of sand fences or other material on or adjacent to coastal primary sand dunes for the purpose of stabilizing such features, except that this provision shall not be interpreted to authorize the placement of any material which presents a public health or safety hazard;
(E) Sand replenishment activities of any private or public concern, provided no sand shall be removed from any coastal primary sand dune unless authorized by lawful permit;
(F) The normal maintenance of any groin, jetty, riprap, bulkhead or other structure designed to control beach erosion which may abut a coastal primary sand dune;
(G) The normal maintenance or repair of presently existing roads, highways, railroad beds and facilities of the United States, this Commonwealth or any of its counties or cities, or those of any person, firm, corporation, or utility, provided no coastal primary sand dunes are altered;
(H) Outdoor recreational activities, provided that the activities do not alter the natural contour of the coastal primary sand dune or destroy its vegetation growing thereon;
(I) The conservation and research activities of the Commission, Virginia Institute of Marine Science, Department of Wildlife Resources and other conservation-related agencies;
(J) The construction and maintenance of aids to navigation which are authorized by governmental authority;
(K) Activities pursuant to any emergency declaration by this county or the Governor of the Commonwealth or any public health officer for the purpose of protecting the public health or safety;
(L) Governmental activity on coastal primary sand dunes owned or leased by the Commonwealth of Virginia or a political subdivision thereof; and
(M) The construction of living shoreline projects authorized pursuant to a general permit developed under subsection B of VA Code § 28.2-104.1.
(Ord. passed - - ; Am. Ord. passed 12-11-2023)