CODE OF VIRGINIA

WHEN COMMISSION TO MODIFY, REMAND OR REVERSE DECISION OF WETLANDS BOARD (§
28.2-1413)

The Commission shall modify, remand or reverse the decision of the wetlands
board if:

   1.  The wetlands board, in reaching its decision, failed to fulfill its
   responsibilities under the coastal primary sand dune zoning ordinance; or

   2.  The substantial rights of the appellant or the applicant have been
   prejudiced because the findings, conclusions, or decisions of the board are:
               
               
               
               
               
            

      a.  In violation of constitutional provisions;

      b.  In excess of statutory authority or jurisdiction of the wetlands board;

      c.  Made upon unlawful procedure;

      d.  Affected by other error of law;

      e.  Unsupported by the evidence on the record considered as a whole; or

      f.  Arbitrary, capricious, or an abuse of discretion.

HISTORY: 1992, c. 836.