Accomack Wetlands Board approves JPA for Pearl Restaurant pier complex with condition on mean-low-water line

The Accomack County Wetlands Board voted unanimously to approve Joint Permit Application (JPA) 2024-1055 on Aug. 2025, permitting a commercial pier complex and 30-by-30 observation deck associated with the Pearl Restaurant at 77452 East Side Road. The board granted a two-year permit and required the applicant to submit a modified drawing that shows the mean low water line closer to landward.

The project, submitted by LJ Group LLC, proposes a 30-by-30 observation deck connected to the restaurant patio, a 12-by-30 fish-cleaning station, and three floating finger piers intended for temporary customer mooring, not overnight slips. Paul Watson, director of the Code Administration Division, described the layout and noted that the existing mooring pilings remain on site while the floating docks are currently on land.

"The stated purpose for this is for temporary mooring for customers, not overnight mooring," Watson said, explaining the structure and showing historical photos of earlier floating piers. Applicant Luke Britton told the board he plans to host fishing tournaments and other events and said the fish-cleaning station is intended to support those activities and restaurant service. "We'll do things like fishing tournaments... they clean their fish and then come socialize in the restaurant," Britton said.

Board members and Virginia Marine Resources Commission (VMRC) staff discussed jurisdictional limits. Claire Gorman of the VMRC said further site visits and staking of the proposal would occur as part of VMRC's review. Watson and Gorman explained that most of the proposed pier complex seaward of the observation deck likely falls under VMRC jurisdiction; the wetlands board's local jurisdiction is limited to a roughly five-foot portion of the pier and its pilings crossing vegetated wetland nearer shore.

Board members expressed concern about setting a precedent for structures over non-vegetated wetlands and asked for clarity on the mean low water mark. Gorman said there were discrepancies between the mean low water drawn on the plans and what VMRC observed in the field and that VMRC would request the applicant stake the proposal for accurate placement. "We will be asking the applicant to stake the proposal, so we still have some work to do on our end," Gorman said.

Neighbor Mark Fries, who owns property adjacent to the site, testified in support of the application provided the work follows the law. "As long as we had it spelled according to what's shown here within the law, I'm all for it," Fries said.

After discussion, Mr. Ward moved to approve JPA 2024-1055 as presented with the condition that the applicant submit a modified drawing that places the mean low water line closer to landward; the motion carried unanimously. The board recorded the permit term as two years from the date of the hearing.

The board noted that VMRC review and any additional information requests remain outstanding and that the applicant must respond to VMRC requests and submit the revised drawing as a condition of the local approval.

Votes at a glance: Motion to approve JPA 2024-1055 (LJ Group LLC; 77452 East Side Road) — mover: Mr. Ward; second: not specified in the record; outcome: approved unanimously; permit term: two years; condition: submit modified drawing showing mean low water closer to landward.