28.2-1408.2 - Exemptions. - Virginia Statutes

§ 28.2-1408.2. Exemptions.

Notwithstanding the requirements of § 28.2-1408 or any other provision ofthis Code, the Virginia Beach Wetlands Board (Board) shall make an ongoingdetermination in the Sandbridge Beach Subdivision to determine whichstructures or properties are in clear and imminent danger from erosion andstorm damage due to severe wave action or storm surge. The owners of suchstructures or properties shall not be prohibited from erecting andmaintaining protective bulkheads or other equivalent structural improvementsof the type, size and configuration as approved by the Board. As used in thissection, the "Sandbridge Beach Subdivision" means the area that is boundedon the north by Dam Neck Naval Base, on the west by Sandpiper Road, and onthe south by Little Island Park.

The Board shall not impose arbitrary or unreasonable conditions upon itsapproval of any such bulkhead or other structural improvement. The Boardshall maintain a continuing responsibility to ensure that each bulkhead orstructural improvement constructed under the authority of this section ismaintained in a condition that is safe, structurally sound, and otherwise inconformity with the conditions imposed by the Board.

Upon submission of an application to the Board pursuant to this section, as arequirement for approval, the applicant must consent in writing to anysubsequent construction approved by the Board whereby an adjacent propertyowner desires to tie in a bulkhead at no additional cost with the bulkheadproposed by the applicant. Such consent shall constitute a waiver of propertyline defenses relating to the bulkhead line.

(2009, c. 391.)