28.2-1400 - Definitions. - Virginia Statutes

§ 28.2-1400. Definitions.

A. As used in this chapter, unless the context requires a different meaning:

"Beach" means the shoreline zone comprised of unconsolidated sandy materialupon which there is a mutual interaction of the forces of erosion, sedimenttransport and deposition that extends from the low water line landward towhere there is a marked change in either material composition orphysiographic form such as a dune, bluff, or marsh, or where no such changecan be identified, to the line of woody vegetation (usually the effectivelimit of stormwaves), or the nearest impermeable man-made structure, such asa bulkhead, revetment, or paved road.

"Coastal primary sand dune" or "dune" means a mound of unconsolidatedsandy soil which is contiguous to mean high water, whose landward and laterallimits are marked by a change in grade from ten percent or greater to lessthan ten percent, and upon which is growing any of the following species:American beach grass ( Ammophila breviligulata); beach heather ( Hudsoniatomentosa); dune bean ( Strophostyles spp.); dusty miller ( Artemisiastelleriana); saltmeadow hay ( Spartina patens); seabeach sandwort (Honckenya peploides); sea oats ( Uniola paniculata); sea rocket ( Cakileedentula); seaside goldenrod ( Solidago sempervirens); Japanese sedge orAsiatic sand sedge ( Carex kobomugi); Virginia pine ( Pinus virginiana);broom sedge ( Andropogon virginicus); and short dune grass ( Panicum amarum). For purposes of this chapter, "coastal primary sand dune" or "dune"shall not include any mound of sand, sandy soil, or dredge spoil deposited byany person for the purpose of temporary storage, beach replenishment or beachnourishment, nor shall the slopes of any such mound be used to determine thelandward or lateral limits of a coastal primary sand dune.

"Coastal primary sand dune zoning ordinance" means the ordinance set forthin § 28.2-1403.

"County, city or town" means the governing body of the county, city or town.

"Governmental activity" means any of the services provided by Commonwealthor a county, city or town to its citizens for the purpose of maintainingpublic facilities, including but not limited to, such services asconstructing, repairing and maintaining roads; providing street lights andsewage facilities; supplying and treating water; and constructing publicbuildings.

"Wetlands board" or "board" means the board created pursuant to §28.2-1303.

B. Although separately defined in subsection A of this section, the terms"coastal primary sand dune," "dune," and "beach," when used in thischapter, shall be interchangeable.

(1980, c. 660, §§ 62.1-13.21, 62.1-13.22; 1984, c. 556; 1985, c. 589; 1987,c. 499; 1989, c. 342; 1992, c. 836; 1994, c. 112; 1998, c. 160; 2008, c. 20.)