Section 270. Shellfish buffer zones; public hearing

Before acting on any proposal for a project that, while not contravening established numeric criteria for shellfish waters, would result in condemnation by the State Health Department of shellfish beds, the board shall convene a public hearing to determine the socio-economic effect of the proposal. Such proposals include discharge of treated waste or proposals to otherwise alter the biological, chemical or physical properties of state waters. If the Marine Resources Commission or the Virginia Institute of Marine Science certify that the project would have no effect on the shellfish use now and in the foreseeable future, the board may dispense with such hearing.

When the board finds that the proposed project will result in shellfish bed condemnation and if the condemnation will violate the general standard, it shall disapprove the proposal.

Historical Notes

Derived from VR680-21-06.3, eff. May 20, 1992; amended, Volume 14, Issue 04, eff. December 10, 1997.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.