In the Department of Environmental Quality's (department's) decision-making process on applications for any new industries, sewage treatment plants, housing developments, marinas, dredging, spoil disposal, bulkheading, or any other new or expanded operations that would directly or indirectly cause condemnations of shellfish growing areas, it will be the department's policy, in giving adequate protection to viable shellfish resources, to include an evaluation of reasonable potential as well as actual productivity data for the affected areas.
9 Va. Admin. Code § 25-370-20
Statutory Authority: § 62.1-44.15 of the Code of Virginia.