CODE OF VIRGINIA

DEFINITIONS (§ 28.2-1300)

As used in this chapter, unless the context requires a different
meaning:”Back Bay and its tributaries” means 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; Devil 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.”County, city, or town” means the governing body of the
county, city, or town.”Governmental activity” means any of the
services provided by the Commonwealth or a county, city, or town to its citizens
for the purpose of maintaining public facilities, including but not limited to,
such services as constructing, repairing and maintaining roads; providing street
lights and sewage facilities; supplying and treating water; and constructing
public buildings.”Nonvegetated wetlands” means 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” means 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 6400 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.”Vegetated wetlands”
means 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 spp.), 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” means 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 spp.), 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” means both vegetated and nonvegetated
wetlands.”Wetlands board” or “board” means a board
created pursuant to § 28.2-1303.”Wetlands zoning ordinance” means
the ordinance set forth in § 28.2-1302.

HISTORY: 1972, c. 711, § 62.1-13.2; 1973, c. 388; 1974, c. 297; 1975, c. 268;
1979, c. 524; 1982, c. 300; 1992, c. 836.