Chapter 120. Pertaining to Public Notice of Applications for Permits for Certain Uses of State-Owned Bottomlands
4VAC20-120-10. Purpose.
The purpose of this chapter is to establish the public notice requirements that are a part of a public interest review for projects and activities requiring permits from the Marine Resources Commission for uses of state-owned bottomlands pursuant to Chapter 12 (§ 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0015 § 1, eff. March 1, 1983; amended, Virginia Register Volume 34, Issue 6, eff. November 1, 2017.
4VAC20-120-20. General.
The Marine Resources Commission requires a public notice on all applications that require a permit from the commission pursuant to Chapter 12 (§ 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia except for the following projects or activities:
1. Construction projects, structures, and activities authorized by general permit or regulation promulgated by the commission, unless such general permit or regulation specifically requires such public notice;
2. Replacement or reconstruction of structures previously authorized or permitted by the commission, provided such structures do not result in additional encroachment over state-owned bottomlands;
3. Taking sediment samples for engineering or geotechnical analysis;
4. Recovering objects from state-owned bottomlands, unless those objects have been identified as underwater historic property pursuant to § 10.1-2214 of the Code of Virginia, or from areas excluded from recovery activity by the commission in consultation with the Department of Historic Resources;
5. Restoring sand to any publically owned beach damaged by sand erosion; or
6. Constructing private piers requiring a permit pursuant to § 28.2-1205 D of the Code of Virginia.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0015 § 2, eff. March 1, 1983; amended, Virginia Register Volume 34, Issue 6, eff. November 1, 2017.
4VAC20-120-30. Content and publication.
A. The notice shall include the applicant's name and accurately describe the nature, extent, and location of the proposed project.
B. The public notice shall be placed in a newspaper having general circulation in the area where the project is proposed.
C. For a project or an activity that also requires a permit from the Norfolk District of the U.S. Army Corps of Engineers (Corps) and for which a Corps public notice is required, a joint state and federal public notice may be used without the placement of a notice in a newspaper by the commission.
D. Copies of all comments received will be provided to the Corps and the Department of Environmental Quality.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0015 § 3, eff. March 1, 1983; amended, Virginia Register Volume 34, Issue 6, eff. November 1, 2017.
4VAC20-120-40. Commissioner's responsibility and authority.
A. The Marine Resources Commissioner or his designee shall be responsible for ensuring that the newspaper notice is published, as described in 4VAC20-120-30 B and shall be the sole judge concerning the adequacy of content of the newspaper notice and selection of the newspaper.
B. The cost of publication of the notice required in 4VAC20-120-30 B shall be borne by the applicant.
Statutory Authority
§ 28.2-103 of the Code of Virginia.
Historical Notes
Derived from VR450-01-0015 § 4, eff. March 1, 1983; amended, Virginia Register Volume 34, Issue 6, eff. November 1, 2017.