Current with changes from the 2024 legislative session through ch. 845
Section 28.2-1413 - When Commission to modify, remand or reverse decision of wetlands boardThe Commission shall modify, remand or reverse the decision of the wetlands board if:
1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the coastal primary sand dune zoning ordinance; or2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board are:a. In violation of constitutional provisions;b. In excess of statutory authority or jurisdiction of the wetlands board;c. Made upon unlawful procedure;d. Affected by other error of law;e. Unsupported by the evidence on the record considered as a whole; orf. Arbitrary, capricious, or an abuse of discretion.Amended by Acts 1992, c. 836.