2006 Code of Virginia § 28.2-1303 - Appointment, terms, compensation, etc., of local wetlands boards; jurisdiction of county wetlands b...

28.2-1303. Appointment, terms, compensation, etc., of local wetlandsboards; jurisdiction of county wetlands board over wetlands in town.

A. Every county, city, or town that enacts a wetlands zoning ordinancepursuant to this chapter shall create a wetlands board, consisting of five orseven residents of that jurisdiction appointed by the local governing body.All board members' terms shall be for five years, except that the term of atleast one of the original appointments shall expire during each of thesucceeding five years. The chairman of the board shall notify the localgoverning body at least 30 days prior to the expiration of any member's termand shall promptly notify the local governing body if any vacancy occurs.Vacancies shall be filled by the local governing body without delay uponreceipt of such notice. Appointments to fill vacancies shall be for theunexpired portion of the term. Members may serve successive terms. A memberwhose term expires shall continue to serve until his successor is appointedand qualified. Members of the board shall hold no public office in the countyor city other than membership on the local planning or zoning commission, thelocal erosion commission, the local board of zoning appeals, a boardestablished by a local government to hear cases regarding ordinances adoptedpursuant to the Chesapeake Bay Preservation Act and regulations promulgatedthereunder, or as director of a soil and water conservation board. Whenmembers of these local commissions or boards are appointed to a localwetlands board, their terms of appointment shall be coterminous with theirmembership on those boards or commissions. The governing body shall alsoappoint at least one but not more than three alternate members to the board.The qualifications, terms, and compensation of alternate members shall be thesame as those of members. Any member who knows that he will not be able toattend a board meeting shall notify the chairman at least 24 hours in advanceof such meeting. The chairman shall select an alternate member to serve inplace of the absent member at the board meeting, which shall be noted in therecords of the board.

B. Upon a hearing with at least 15 days' notice thereof, any board member maybe removed for malfeasance, misfeasance, or nonfeasance in office, or forother just cause, by the local governing body. Notwithstanding the foregoingprovisions, a member of a local wetlands board may be removed from office bythe local governing body without limitation in the event that the boardmember is absent from any three consecutive meetings of the board, or isabsent from any four meetings of the board within any 12-month period. Ineither such event, a successor shall be appointed by the governing body forthe unexpired portion of the term of the member who has been removed.

C. If a town does not enact a wetlands zoning ordinance within one year ofits enactment by the surrounding county, application for permits to use anddevelop wetlands within the town shall be made to the county wetlands board.

D. Any county, city, or town that creates a local wetlands board pursuant tothis section may compensate the members of the board in accordance with suchterms and conditions as the locality may prescribe.

E. Notwithstanding any other provision of this section, the Town of Dumfriesin Prince William County may enact a wetlands zoning ordinance pursuant tothe provisions of this chapter.

(1972, c. 711, 62.1-13.6, 62.1-13.8; 1977, c. 15; 1978, c. 585; 1982, cc.300, 446; 1983, c. 87; 1987, c. 62; 1992, c. 836; 2004, c. 277; 2005, c. 104;2006, c. 687.)