§ 28.2-1313. When Commission to modify, remand, or reverse decision of wetlands board
The 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 wetlands zoning ordinance; or
2. 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; or
f. Arbitrary, capricious, or an abuse of discretion.
(1972, c. 711, § 62.1-13.13; 1975, c. 467; 1992, c. 836.)
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