For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BACK BAY AND ITS TRIBUTARIES. The following, as shown on the United States Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and Knotts Island: Back Bay north of the Virginia-North Carolina state line; Capsies Creek north of the Virginia-North Carolina state line; Deal Creek; Devils Creek; Nawney Creek, Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek; Black Gut; and all coves, ponds, and natural waterways adjacent to or connecting with the above-named bodies of water.
COMMISSION. The State Marine Resources Commission.
COMMISSIONER. The Commissioner of Marine Resources.
GOVERNMENTAL ACTIVITY. Any of the services provided by this county, to its citizens for the purpose of maintaining this county including, but not limited to, such services as constructing, repairing, and maintaining roads; providing sewage facilities and street lights; supplying and treating water; and constructing public buildings.
NON-VEGETATED WETLANDS. Unvegetated lands lying contiguous to mean low water and between mean low water and mean high water, including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind tides but not hurricane or tropical storm tides.
NORTH LANDING RIVER AND ITS TRIBUTARIES. The following, as shown on the United States Geological Survey Quadrangle Sheets for Pleasant Ridge, Creeds, and Fentress: the North Landing River from the Virginia-North Carolina line to Virginia Highway 165 at North Landing Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge; and all named and unnamed streams, creeks, and rivers flowing into the North Landing River and the Chesapeake and Albemarle Canal except West Neck Creek north of Indian River Road, Pocaty River west of Blackwater Road, Blackwater River west of its forks located at a point approximately 6,400 feet due west of the point where Blackwater Road crosses the Blackwater River at the Village of Blackwater, and Millbank Creek west of Blackwater Road.
PERSON. Any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
VEGETATED WETLANDS. Lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the county, city, or town in question, and upon which is growing any of the following species: saltmarsh cordgrass (Spartina alterniflora); saltmeadow hay (Spartina patens); saltgrass (Distichlis spicata); black needlerush (Juncus roemerianus); saltwort (Salicornia spp.); sea lavender (Limonium spp.); marsh elder (Iva frutescens); groundsel bush (Baccharis halimifolia); wax myrtle (Myrica sp.); sea oxeye (Borrichia frutescens); arrow arum (Peltandra virginica); pickerelweed (Pontederia cordata); big cordgrass (Spartina cynosuroides); rice cutgrass (Leersia oryzoides); wildrice (Zizania aquatica); bulrush (Scirpus validus); spikerush (Eleocharis sp.); sea rocket (Cakile edentula); southern wildrice (Zizaniopsis miliacea); cattail (Typha spp.); three-square (Scirpus spp.); buttonbush (Cephalanthus occidentalis); bald cypress (Taxodium distichum); black gum (Nyssa sylvatica); tupelo (Nyssa aquatica); dock (Rumex spp.); yellow pond lily (Nuphar sp.) marsh fleabane (Pluchea purpurascens); royal fern (Osmunda regalis); marsh hibiscus (Hibiscus moscheutos); beggar’s tick (Bidens sp.); smartweed (Polygonum sp.); arrowhead (Sagittaria sp.); sweet flag (Acorus calamus); water hemp (Amaranthus cannabinus); reed grass (Phragmites communis); or switch grass (Panicum virgatum).
VEGETATED WETLANDS OF BACK BAY AND ITS TRIBUTARIES or VEGETATED WETLANDS OF THE NORTH LANDING RIVER AND ITS TRIBUTARIES. All marshes subject to flooding by normal and wind tides but not hurricane or tropical storm tides, and upon which is growing any of the following species: saltmarsh cordgrass (Spartina alterniflora); saltmeadow hay (Spartina patens); black needlerush (Juncus roemerianus); marsh elder (Iva frutescens); groundsel bush (Baccharis halimifolia); wax myrtle (Myrica sp.); arrow arum (Peltandra virginica); pickerelweed (Pontederia cordata); big cordgrass (Spartina cynosuroides); rice cutgrass (Leersia oryzoides); wildrice (Zizania aquatica); bulrush (Scirpus validus); spikerush (Eleocharis sp.); cattail (Typha spp.); three-square (Scirpus sp.); dock (Rumex sp.); smartweed (Polygonum sp.); yellow pond lily (Nuphar sp.); royal fern (Osmunda regalis); marsh hibiscus (Hibiscus moscheutos); beggar’s tick (Bidens sp.); arrowhead (Sagittaria sp.); water hemp (Amaranthus cannabinus); reed grass (Phragmites communis); or switch grass (Panicum virgatum).
WETLANDS. Both vegetated and non-vegetated wetlands.
WETLANDS BOARD or BOARD. A Board created pursuant to VA Code § 28.2-1303.
(Ord. passed 6-14-1984)