2006 Code of Virginia § 28.2-1301 - Powers and duties of the Commission

28.2-1301. Powers and duties of the Commission.

A. The Commission may receive gifts, grants, bequests, and devises ofwetlands and money which shall be held for the uses prescribed by the donor,grantor, or testator and in accordance with the provisions of this chapter.The Commission shall manage any wetlands it receives so as to maximize theirecological value as provided in Article 2 ( 28.2-1503 et seq.) of Chapter 15of this title.

B. The Commission shall preserve and prevent the despoliation and destructionof wetlands while accommodating necessary economic development in a mannerconsistent with wetlands preservation.

C. In order to perform its duties under this section and to assist counties,cities, and towns in regulating wetlands, the Commission shall promulgate andperiodically update guidelines which scientifically evaluate vegetated andnonvegetated wetlands by type and describe the consequences of use of thesewetlands types. The Virginia Institute of Marine Science shall provide adviceand assistance to the Commission in developing these guidelines by evaluatingwetlands by type and continuously maintaining and updating an inventory ofvegetated wetlands.

D. In developing guidelines or regulations under this chapter the Commissionshall consult with all affected state agencies. Consistent with other legalrights, consideration shall be given to the unique character of theCommonwealth's tidal wetlands which are essential for the production ofmarine and inland wildlife, waterfowl, finfish, shellfish and flora; serve asa valuable protective barrier against floods, tidal storms and the erosion ofthe Commonwealth's shores and soil; are important for the absorption of siltand pollutants; and are important for recreational and aesthetic enjoyment ofthe people and for the promotion of tourism, navigation and commerce.

(1972, c. 711, 62.1-13.1, 62.1-13.4, 62.1-13.17; 1982, c. 300; 1990, c.811; 1992, c. 836; 1995, c. 850.)