(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) The 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 § 28.2-1408 and guidelines promulgated pursuant to VA Code § 28.2-1401.
(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 § 28.2-1408 and guidelines promulgated pursuant to VA Code § 28.2-1401; and the proposed activity does not violate the purposes and intent of this chapter or Title 28.2, Chapter 14 (§ 28.2-1400 et seq.). 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. No permit granted by a Wetlands Board shall in any way affect the right of any person to seek compensation for any injury in fact incurred by him because of the permitted activity.
(C) In fulfilling its responsibilities under this chapter the Board shall preserve and protect coastal primary sand dunes and beaches and prevent their despoliation and destruction. However, whenever practical, the Board shall accommodate necessary economic development in a manner consistent with the protection of these features.
(Ord. passed - -; Am. Ord. passed 5-14-2013 ; Am. Ord. passed 12-11-2023)