Legal Authority, Roles & Responsibilities of Local Wetlands Boards. Workshop Objectives & Logistics Karen Duhring Workshop Moderator
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1 Legal Authority, Roles & Responsibilities of Local Wetlands Boards Workshop Objectives & Logistics Karen Duhring Workshop Moderator May 5, 2016 Tidal Wetlands Workshop This PDF version includes web site links for more information. Look for blue underlined text.
2 Welcome To Sign up for VIMS e-news at Receptionist Desk Visit the Gift Shop Come to Marine Science Day & Other Public Events Saturday May 21,
3 Supporting Integrated & Adaptive Management of Coastal Zone Resources ccrm.vims.edu Dr. Carlton Hershner Director
4 MAY 5 WORKSHOP LEGAL AUTHORITY, ROLES & RESPONSIBILITIES OF LOCAL WETLANDS BOARDS
5 Wetlands Act Coastal Primary Sand Dune & Beaches Act Unique management system among coastal states Virginia has a long standing tradition of maintaining land-use decisions in the hands of the locality Local option to adopt model zoning ordinances Secretarial, clerical, legal, and consulting services must be provided by locality for Board operation How are localities managing this administrative responsibility?
6 In fulfilling its responsibilities under this ordinance, the board shall preserve and prevent the despoliation and destruction of wetlands within its jurisdiction while accommodating necessary economic development in a manner consistent with wetlands preservation. Article 9 Chapter 1302 of 28.2 of the Code of Virginia Benefits Detriments
7 Benefits > Detriments Project Approval may be in order
8 Benefits < Detriments Deny the project or Require that the project be modified or Approve the project with compensatory mitigation (always last option) How do Boards know what should be considered?
9 What About Tidal Wetlands? Do we know where they are located? Are we preserving & preventing their despoliation & destruction? What are the benefits & detriments to wetlands? Are we accommodating necessary development in a manner consistent with wetlands preservation? Is the wetland mitigation & compensation policy being applied correctly?
10 Utilization of Wetlands Guidelines Promulgated Guidelines shall be considered... Are the Boards legally bound by the 1993 guidelines? Can the Boards consider more recent guidelines based on current scientific understanding? Code of Virginia
11 Virginia Marine Resources Commission Review of Wetlands Board Decisions What are VMRC s oversight roles? How much advice are they allowed to give if they may have to hear an appeal? How does VMRC manage dual roles of wetlands oversight & submerged lands management? Code of Virginia
12 Past Workshop Evaluations: What topic(s) would you like to see future workshops cover? What wetland boards can legally tell an applicant what they can & can t do Have workshops more often related to Wetlands Board issues and concerns Getting Boards on equal footing, sameness throughout state with regards to laws, processes, regulations, etc. The wetlands board and its functions and responsibilities Wetland board issues, living shoreline mandates, local interpretations of regulations More discussion, advice on practical problems of considering applications & More
13 Past Workshop Breakout Sessions: Legal challenges identified Wetlands Board roles/responsibilities aren t clear The notion that we cannot (are not really allowed) to tell people what they can or cannot do on their property It s hard to overturn a recommendation of a contractor and/or staff on a proposal of any type Feel burden of proof is on the board, not the applicant Original laws/regulations haven t changed, kept up with times, outdated Multiple overlapping agencies conflicts in regulations, it s not my agency s problem/pass the buck Wetlands Board needs stronger way to require living shorelines & More
14 Workshop Objectives Explore legal framework of tidal shoreline management Hear from legal experts Reveal legal challenges & potential strategies to improve programs Do local governments, Wetlands Boards & VMRC have the resources they need? Networking opportunity Meet & learn from each other Who Is Attending this Workshop?
15 Registered Participants Local Government Representation Wetlands Board Staff Northern VA Fairfax County X X Stafford County X X Northern Neck Lancaster County X X Richmond County X X Western Henrico County X New Kent County X X Charles City County X Middle Peninsula King William County X King & Queen County X Gloucester County X X Mathews County X X Peninsula Hampton X X Poquoson X X York County X X James City County X Newport News X Southside Virginia Beach X X Norfolk X X Portsmouth X X Suffolk X X Isle of Wight County X Eastern Shore Accomack County X Northampton County X X
16 Registered Participants State Agencies & Universities Virginia Marine Resources Commission Department of Environmental Quality DCR Shoreline Erosion Advisory Service VMRC DEQ SEAS Virginia Coastal Zone Management Program CZM College of William & Mary James Madison University
17 Registered Participants Private Companies Angler Environmental Ann P. Stokes Landscape Architects C2 Environmental, Inc. EnviroScience Integrity Environmental, Inc. Kerr Environmental Services, Corp. Lane Environmental Consultants Michael Baker International Mulberry Creek Technologies, LLC R & W Marine Construction, Inc. SBH Construction Co., Inc. Stokes Environmental Associates W.E.E.D Wetland Studies and Solutions, Inc. WPL
18 Registered Participants Non-Governmental Organizations Elizabeth River Project Friends of Back Bay Friends of Little Hunting Creek Nansemond River Preservation Alliance National Wildlife Federation Northern Neck Master Gardeners Shoreline Evaluation Program Virginia Master Naturalists The Wetlands Project Wetlands Watch Private Citizens
19 Workshop Agenda Morning presentations & panel discussion Auditorium Box lunches seating in classrooms & outside Afternoon discussion & presentations Auditorium Interactive Experiences weather dependent Outdoors at VIMS Boat Basin Indoors in Watermens Hall See handout for more information Plan B for heavy rain Turn in or mail Workshop Evaluations
20 Post-Workshop Participant List opt out with Dawn Fleming Workshop summary & presentations posted to CCRM Workshops web site Previous workshop information also available Workshop evaluations reviewed
21 For More Workshop Information Contact Karen Duhring CCRM Outreach Coordinator
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