Department of Development & Permits - Plan Review & Code Compliance Division

Wetlands Regulations

Wetlands regulations have been adopted pursuant to the Code of Virginia, Title 28.2, Chapter 13. The adopted article (Chapter 26, article VI, of the Chesapeake Code of Ordinances) regulates all use and development of wetlands as defined in Section 26-167 of the city code. All proposed activity within wetlands as defined must be submitted, in proper form, to the Department of Development & Permits for review.

When a project is planned, a Joint Permit Application (JPA) should be obtained and filled out with all requested information. The JPA can be obtained from the Virginia Marine Resource Commission (VMRC) at (757) 382-6378. Once the JPA is filled out, it is to be submitted to the VMRC located at 2600 Washington Avenue, Newport News, VA 23607. The VMRC assigns a number to the JPA and forwards them to the agencies that review the project to determine if the impacts to the wetlands have been minimized.

Once the JPA is received from the VMRC, a cursory review will be performed by staff to determine if a Wetlands Permit is required. A Wetlands Permit is required when the proposed project causes any detrimental impact to the wetlands. Examples of projects that require a wetlands permit are excavation, fill, bulkheads, rip-rap, or other construction.

If it is determined that a Wetlands permit is required, and the submitted application is deemed complete, a public hearing is scheduled and held before the Local Wetlands Board/Chesapeake Bay Preservation Area Board. The Board is composed of seven citizens appointed to review wetlands applications and Chesapeake Bay Area exceptions. The Board reviews the application and makes a determination on whether a Wetlands Permit is appropriate based on the following criteria:

• Has the project been designed to avoid all wetlands where possible?
• Has the project minimized the impact to the wetlands where avoidance is not possible?
• Has the unavoidable impacts to wetlands been compensated for in the proposal?

If the Board deems that the project meets their criteria, a Wetlands Permit will be issued. This permit will be required in order to apply for and receive a building permit for construction projects within wetlands. The process takes approximately 45 days from the day that a complete JPA is submitted to the Department of Development & Permits from the Virginia Marine Resource Commission.

Wetlands Joint Permit Application (JPA)

Virginia Marine Resources Commission