Accomack Wetlands Board approves Pearl Restaurant pier JPA with modified mean-low-waterline drawing

The Accomack County Wetlands Board voted unanimously to approve JPA 2024-1055, a commercial pier complex proposed by LJ Group LLC to serve the Pearl Restaurant, with the condition that the applicant submit a modified drawing showing the mean low water line closer to landward.

Board member Mark Ward moved to approve the application “as presented with a modified drawing showing the mean low water line,” and the board’s vote was recorded as unanimous. The permit was granted for two years, consistent with the board’s standard permitting practice.

The application covers a 30-by-30-foot roofed observation deck connected to the restaurant by a walkway, a 12-by-30-foot fish-cleaning station, and three floating finger piers. Paul Watson, director of Code Administration, told the board the proposal is intended for temporary mooring by restaurant customers, “not overnight mooring.”

Applicant Luke Britton told the board he expects to host events such as fishing tournaments and that competitors would use the cleaning station and then patronize the restaurant: “...they'll go have a tournament and they'll clean their fish and, you know, and then come socialize in the restaurant,” he said.

Board and VMRC staff discussed jurisdictional limits. Claire Gorman of the Virginia Marine Resources Commission (VMRC) reported there were discrepancies between the plan’s depicted mean low water line and field observations and said VMRC would request the applicant stake the proposal for clarity and perform additional site checks before final VMRC action. Watson and Gorman agreed the majority of the pier beyond the nearshore walkway falls under VMRC jurisdiction; the wetlands board’s jurisdiction is limited to the portion of the pier crossing vegetated wetlands and the short walkway portion over the marsh.

Board members pressed for consistency and cautioned that future permits should be evaluated on their own merits to avoid setting unintended precedent. Neighbor Mark Fries told the board he supported the project so long as it complied with the plans and law.

The board’s approval included the condition that the applicant submit the revised drawing showing the mean low water mark moved landward (as requested during the meeting). Watson confirmed the drawing will be submitted as part of the approval condition.

The board closed the item after confirming there were no additional public speakers and directing staff to receive the modified drawing and continue coordination with VMRC.