After‑the‑fact pier reclassified as observation deck; board approves amended JPA and vacates violation

The Accomack County Wetlands Board approved an amended JPA for an after‑the‑fact structure and agreed to classify the new portion as an observation deck, contingent on revised drawings that show mean low and mean high tide lines and label the added area as an observation deck.

Paul Watson presented measurements and judged the new portion of the structure covers about 240 square feet of wetlands. Claire Gorman of the Virginia Marine Resources Commission told the board that a prior payment related to a January 2025 matter was a fine, not mitigation, and that payment semantics do not remove the need to treat this new work under permitting rules. "This was Mitigation was not paid for these wetlands. It was a fine," Gorman said.

Raymond Britton Jr., representing BIC and introduced by the chair, described the permit history and said the constructed portion is approximately 265 feet while his original permit allowed up to 350 feet; he agreed to submit updated drawings to reflect the observation deck designation. The board moved to accept an amended JPA (2025‑1263) with those drawing changes, approved a two‑year permit and then disposed of the earlier sworn complaint related to the construction. Staff will finalize the application language and issue the amended permit after the applicant provides the requested updates.

The board also discussed whether multi‑user piers require local review; staff noted counties vary, and the board agreed to handle multi‑user requests on a case‑by‑case basis while remaining mindful of VMRC guidance.