Vol. 29, No. 6 ● August 19, 2021
VMRC Tidal Wetland Guidelines Finalized
VMRC has adopted revised wetland guidelines that include a preference for living shoreline solutions for eroding shorelines.
On May 25, 2021, the Virginia Marine Resources Commission (VMRC) unanimously adopted revisions to their Tidal Wetland Guidelines. The new guidelines were a critical step in implementing the mandates of the 2020 Virginia General Assembly’s Senate Bill 776, which strengthened VMRC’s goal to protect sensitive shorelines and wetlands by amending the language regulating Virginia’s tidal wetlands (Chapter 13, Title 28.2 of the Code of Virginia).
Wetland Studies and Solutions, Inc. (WSSI) has reviewed the adopted Guidelines, which follow the draft guidelines issued by VMRC earlier this year, and include
Simplification of the tidal wetlands definition for vegetated and non-vegetated wetlands and
A requirement to implement living shoreline measures for shoreline management projects in almost all instances.
For a more detailed review of the changes, please see our March 24, 2021 Field Notes review of the draft guidelines.
The VMRC has also adopted four additional minimum permit standards to address
the need for local government approval for impacts to the Resource Protection Area;
the requirement for any proposed tidal wetland use or development project to provide an analysis of onsite data along with scaled drawings to provide shoreline characteristics;
the incorporation of forecasted landward migration of existing tidal wetland vegetation; and
the mandatory use of a living shoreline approach to shoreline management unless the best available science demonstrates that it is unsuitable.
If you have questions about the implications for your Virginia projects, please contact Mark McElroy or Bob Kerr in our Hampton Roads office, or Christie Blevins in our Gainesville office.