LIS

Virginia Law

Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 400. Criteria for the Placement of Sandy Dredged Material Along Beaches in the Commonwealth
12/21/2024

4VAC20-400-40. General criteria.

Increasing interest in the beneficial uses of dredged material dictates a more structured approach to the processing of dredging permit applications. Parameters to be considered in attempting to utilize suitable material for beach nourishment are frequently economic, legal, political, or technical, as well as environmental, and most often a combination of all these factors.

Because of the complexity of interests involved, certain threshold levels are needed to more readily define projects which justify the time and expense of determining whether beach nourishment is a reasonable alternative.

The following general criteria should be used to determine candidate projects suitable for detailed evaluation:

1. More than 7,500 cubic yards of material is to be removed and, based on previous experience, there is a reasonable expectation that usable quantities of suitable beach nourishment material free from toxic compounds is present in the material to be dredged.

2. Beaches with a demonstrated need for and capability of accepting all or a part of the available material are within proximity of the dredging site.

3. The political subdivision within which the potential placement site is located has expressed an interest in obtaining beach nourishment material.

4. The applicant understands that he will be required to undertake the research necessary to locate private property owners willing to accept the material if no publicly owned shoreline is in reasonable proximity.

5. When beach nourishment is incorporated into a dredging project, a more comprehensive subsurface investigation plan is required than if dredging is the only consideration.

Statutory Authority

§ 28.2-103 and Chapter 14 (§ 28.2-1400 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0052 § 4, eff. August 2, 1989.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.