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Wetlands board continues after‑the‑fact decking/pier permit to resolve jurisdiction and mitigation questions
Summary
The board continued consideration of an after‑the‑fact permit for decking over water (JPA 2025‑1263) for one month to allow staff and VMRC to confirm whether decking covers unvegetated wetlands, what mitigation or prior fines covered, and whether a small decking cutout would cure the violation.
The Accomack County Wetlands Board voted unanimously to continue an after‑the‑fact application (JPA 2025‑1263) for decking placed over an area where a bulkhead had been pulled back, directing staff to clarify jurisdictional boundaries, the square footage of any unvegetated wetlands now covered, and whether previous mitigation or fines addressed those specific areas.
Board staff described the site as a complex, multilayered condition: decking laid over landward‑filled areas, some decking over nonvegetated wetlands and a portion over subaqueous bottom. Claire Gorman of the Virginia Marine Resources Commission said VMRC inspected the site and is pursuing the violation process for unauthorized work; VMRC also noted that the project had been submitted as a commercial multi‑user pier after the parcel was platted into three lots.
Owner Raymond Britton Jr told the board the decking was installed to tie the pier to the bulkhead after earlier work and said his as‑built impacts are less than what had been permitted previously; he offered to remove a roughly six‑foot by 27‑foot section of decking if that would resolve the board's concern.
Board members discussed whether the feature should be treated as an open‑pile pier (a permitted activity under the local wetlands ordinance) or as decking covering wetlands (not exempt), and whether prior mitigation payments had covered the area in question. Staff advised the board to request specific measurements and records: minutes and documentation of the earlier mitigation/fine, and precise square footage of any currently impacted unvegetated wetlands.
A board member moved for a one‑month continuance to gather these materials; the motion was seconded and passed unanimously. The item will return at the next meeting after county staff, VMRC and the applicant coordinate site measurements and documentation.
