2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 21 - Virgin Islands Coastal Zone Management
§ 904. Coastal Zone Management Commission

(a) There is hereby created within the Department of Conservation and Cultural Affairs a Coastal Zone Management Commission composed of the Commissioner of Conservation and Cultural Affairs, who shall be a non-voting member, ex officio, the Director of the Virgin Islands Planning Office who shall be a non-voting member, ex officio, and fifteen other members appointed by the Governor with the advice and consent of the Legislature. Of the fifteen appointed members, five shall reside on St. Croix, five shall reside on St. Thomas and five shall reside on St. John. Ex officio members of the Commission may appoint a designee to serve at his or her pleasure who shall have all the powers and duties of such member pursuant to this chapter. The Commission shall elect a Chairman from among its members. Eight voting members of the Commission shall constitute a quorum for the transaction of all business of the Commission. A majority of those voting members present shall decide on all matters before the Commission. The Commission may adopt such other rules as it deems necessary to conduct its business.

(b) There are created within the Coastal Zone Management Commission three Commission Committees: one of such Committees shall consist of the members who reside on St. Croix, one of such Committees shall consist of the members who reside on St. Thomas and one of such Committees shall consist of members who reside on St. John. Each Committee shall exercise the full authority of the Commission over the issuance of Coastal Zone Permits within the jurisdiction of the Commission pertaining solely to the respective resident island of the Committee. Each Committee shall elect a Chairman from its members. A quorum of each Coastal Zone Management Committee shall consist of three of its members. A majority of those present shall decide on all matters before a Commission Committee.

(c) Appointed members of the Commission shall serve a term of two years and may be reappointed. Upon the conclusion of the term of any appointed member of the Commission, such person shall continue to serve until a new member has been appointed. The appointed members of the Commission shall receive the sum of $50 for each day or part thereof spent in the performance of their duties. Every member of the Commission shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of his duties as a member of the Commission. Appointed members of the Commission may be removed by the Governor for cause.

(d) In addition to all powers specifically assigned the Commission by this chapter, the Commission shall have the primary responsibility for the implementation of the provisions of this chapter. The Department of Conservation and Cultural Affairs as directed by the Commission is hereby designated as the territorial coastal zone management agency for the purpose of exercising powers set forth in the Federal Coastal Zone Management Act of 1972 or any amendment thereto or any other federal act heretofore or hereafter enacted that relates to the management of the coastal zone except for those activities or programs presently being carried out by any other agency of the Government of the United States Virgin Islands or which the Governor may assign to any other agency. In addition to other authority, the Commission may grant or issue any certificate or statement required pursuant to any federal law that an activity of any person is in conformity with the provisions of this chapter.

(e) The Commission shall prepare and submit to the Legislature of the United States Virgin Islands for adoption any additional plans and undertake any studies it deems necessary and appropriate to better accomplish the purposes, goals and policies of this chapter.

(f) The Commission shall evaluate progress being made towards the implementation of the provisions of this chapter and shall submit a report to the Governor and Legislature on an annual basis.

(g) The Commission shall promulgate rules and regulations necessary to carry out the provisions of this chapter; provided, however, that no such rules or regulations shall be promulgated unless public hearings are held by the Commission after appropriate notice as hereinafter provided. Any rules and regulations promulgated pursuant to this chapter may be modified, amended or revised by the Legislature in accordance with the provisions of subsection (b), section 913, Title 3 of this Code.

(h) Division of Coastal Zone Management. There is hereby established within the Department of Conservation and Cultural Affairs a Division of Coastal Zone Management, the powers and duties of which are, without limitation, to assist the Commission and Commissioner in administering and enforcing the provisions of this chapter.